Rules of Procedure of the Parliament of Georgia

Rules of Procedure of the Parliament of Georgia
Document number 3875-რს
Document issuer Parliament of Georgia
Date of issuing 06/12/2018
Document type Rules of Procedure of the Parliament of Georgia
Source and date of publishing Website, 14/12/2018
Registration code 010190030.06.001.016054
Consolidated publications
3875-რს
06/12/2018
Website, 14/12/2018
010190030.06.001.016054
Rules of Procedure of the Parliament of Georgia
Parliament of Georgia
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Consolidated versions (17/12/2021 - 30/12/2021)

 

 

Rules of Procedure of the Parliament of Georgia

 

Chapter I – General Provisions

 

Article 1 – The Parliament of Georgia, the principles of the activities of the Parliament of Georgia, and the Rules of Procedure of the Parliament of Georgia

1. The Parliament of Georgia (‘the Parliament’) is the supreme representative body of the country that exercises legislative power, defines the main directions of the country’s domestic and foreign policies, controls the activities of the Government of Georgia within the scope established by the Constitution of Georgia, and exercises other powers.

2. The main principles of the activities of the Parliament are:

a) the supremacy of the interests of the people;

b) a multi-party system;

c) ensuring representative proportionality;

d) the free and collegial discussion and resolution of issues;

e) strict compliance with the legislation of Georgia;

f) compliance with, and respect for, universally recognised principles and norms of international law;

g) publicity;

h) transparency and accessibility.

3. The working language of the Parliament is Georgian.

4. The Rules of Procedure of the Parliament (‘the Rules of Procedure’) is a legislative act with the force of law, which determines the powers, structure and procedures for the functioning of the Parliament.

 

Article 2 – Palace of the Parliament

1. The seat of the Parliament is Tbilisi, the capital of Georgia. A temporary change to the seat of the Parliament for the purpose of holding a sitting or a session shall be admissible only during a state of emergency and martial law. Decisions on a temporary change to the seat of Parliament shall be made by the Chairperson of the Parliament.

2. The legal address of the Parliament is: 8, Rustaveli Avenue, the Palace of the Parliament. A temporary change to the legal address of the Parliament for the purpose of holding a sitting or a session, by a decision of the Chairperson of the Parliament, shall be admissible in objective circumstances where the proper functioning of the Palace of the Parliament is impossible.

3. The state flag of Georgia and the state coat of arms of Georgia shall be placed in the offices of Members of the Parliament and parliamentary officials.

4. The original Constitution of Georgia and the Book of Honourable Guests of the Parliament shall be kept in a visible place in the Palace of the Parliament.

5. In order to introduce the history of the Palace of the Parliament to the public, the Palace of the Parliament shall be open to interested persons in the manner prescribed by the Rules of Procedure.

6. To ensure access to the Palace of the Parliament for persons with disabilities, the Parliament shall ensure that the Palace of the Parliament is equipped with appropriate amenities.

 

Article 3 – Parliamentary awards

1. The Parliamentary Order of Freedom, the Parliamentary Medal and the Parliamentary Badge are established in the Parliament.

2. The Parliamentary Order of Freedom is awarded to a citizen of Georgia or a foreign state for a special contribution to the development of parliamentarism.

3. The Parliamentary Medal is awarded to an employee of the Office of the Parliament for a special contribution to the activities of the Parliament.

31. The Parliamentary Badge may be awarded to an employee of the Office of the Parliament for at least 25 years of successful service in the Parliament.

4. The Chairperson of the Parliament shall, in agreement with the Bureau of the Parliament, make a decision on awarding a person with the Parliamentary Order of Freedom, and the Chairperson of the Parliament shall make a decision on awarding a person with the Parliamentary Medal or the Parliamentary Badge.

5. The procedure for awarding persons with the Parliamentary Order of Freedom, the Parliamentary Medal and the Parliamentary Badge, the amount of monetary rewards, and the descriptions of the Parliamentary Order of Freedom, the Parliamentary Medal and the Parliamentary Badge, shall be determined by an order of the Chairperson of the Parliament.

Rules of Procedure of the Parliament of Georgia No 5492 of 11 December 2019 – website, 13.12.2019

 

Article 4 – Procedure for calculating time limits

1. The terms that are defined by the Constitution of Georgia in days shall refer to calendar days.

2. The terms that are defined by these Rules of Procedure in days shall refer to working days, except for the terms that are defined by the Constitution of Georgia and the calendar days that are directly provided for by law and these Rules of Procedure.

3. The terms defined by the Rules of Procedure shall cease to run during the period between sessions of the Parliament, except in cases provided for by the Constitution of Georgia. The Bureau of the Parliament shall be authorised to make a decision on continuing the term during the period between sessions and on considering an issue.

 

Chapter II − Members of the Parliament

 

Article 5 – Mandate of a Member of the Parliament

1. A Member of the Parliament (‘an MP’) is the principal subject of parliamentary activities. An MP is a representative of all Georgia. He/she shall enjoy a free mandate and shall not be recalled. In carrying out his/her duties, he/she shall not be restricted by instructions and tasks from the electorate or a political party that nominated him/her.

2. The powers of an MP shall not be transferred to another person.

3. The free mandate of an MP does not exempt him/her from work with the electorate in the manner prescribed by the Rules of Procedure and from other responsibilities as provided for by the Constitution of Georgia and the Rules of Procedure.

4. An MP shall have an MP’s ID and badge. The Bureau of the Parliament shall approve regulations related to them, and the samples and descriptions thereof.

 

Article 6 – Recognition or early termination of the powers of an MP

1. The Parliament shall, by a decree, decide on the issue of the recognition or early termination of the powers of an MP. The decision of the Parliament may be appealed to the Constitutional Court.

2. The powers of an MP shall be terminated early if he/she:

a) submits a personal application to terminate his/her powers to the Parliament;

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 regular sessions;

d) has been convicted under 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 the citizenship of Georgia;

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

3. A written application of an MP for his/her resignation shall be submitted to the Chairperson of the Parliament, who shall immediately forward it to the Procedural Issues and Rules Committee of the Parliament. The committee shall establish the authenticity of the application, and the circumstance on which the application was based, and shall prepare a relevant opinion within not earlier than 8 days and not later than 15 days. An MP shall have the right to withdraw an application for his/her resignation within 7 days of submission to the Chairperson of the Parliament and continue exercising his/her powers.

4. A newly elected MP shall quit work/activity incompatible with the status of MP from the moment that his/her powers are recognised and shall, within 7 days from the moment his/her powers are recognised, submit to the Procedural Issues and Rules Committee of the Parliament a document confirming the quitting of the incompatible work/activity. Where this requirement is violated, the powers of the MP shall be terminated early in the manner prescribed by the Rules of Procedure.

5. Where an MP is engaged in entrepreneurial activities, the Procedural Issues and Rules Committee of the Parliament shall, within 10 days of the discovery of the fact, request respective written materials, collect explanations from the MP in question and prepare a relevant opinion. Where the MP’s engagement in entrepreneurial activities is confirmed, the opinion shall be submitted to the Bureau of the Parliament, which shall put the issue of the early termination of the powers of the MP on the agenda of the next plenary sitting.

6. Where the Parliament appoints an MP to a position incompatible with the status of MP, his/her powers shall be terminated early by the same decree.

7. Where the Parliament gives consent to the appointment of an MP to a position incompatible with the status of MP, where a vote of confidence in the Government is passed (if an MP is nominated as a member of the Government of Georgia), or where an MP is elected, appointed to or approved for a position incompatible with the status of MP (except in the cases provided for by paragraph 6 of this article), the Procedural Issues and Rules Committee of the Parliament shall immediately examine the issue of incompatibility and prepare a relevant opinion.

8. Where an MP does not attend more than half of the regular sittings during a regular session, the Procedural Issues and Rules Committee of the Parliament shall ascertain the reason(s) behind his/her non-attendance within 10 days of the end of the regular session and shall prepare a relevant opinion if the reason/reasons is/are confirmed to be invalid.

9. Where the court’s judgment of conviction against an MP has entered into force, the Procedural Issues and Rules Committee of the Parliament shall request the judgment within 15 days of its entry into force and shall immediately prepare a relevant opinion.

10. When an MP dies, his/her powers are terminated early from the day following the day of his/her death. When an MP dies, the Procedural Issues and Rules Committee of the Parliament shall request the death certificate of the MP and prepare a relevant opinion.

11. Where an MP loses the citizenship of Georgia or the court recognises him/her as missing, declares him/her dead, or recognises him/her as a beneficiary of support and he/she has been admitted to a respective inpatient care facility, the Procedural Issues and Rules Committee of the Parliament shall, within 10 days of the discovery of the fact, request the documents proving the fact, examine the authenticity thereof and prepare a relevant opinion.

12. The Procedural Issues and Rules Committee of the Parliament shall, in the manner prescribed by the Rules of Procedure, study and consider an issue of the recognition or early termination of the powers of an MP, except for the cases provided for by Article 86 of the Rules of Procedure, and shall prepare a relevant opinion and submit it to the Bureau of the Parliament. The Bureau of the Parliament shall put the issue of the recognition or early termination of the powers of an MP on the agenda of the next plenary sitting. The Parliament shall immediately discuss the issue of the recognition or early termination of the powers of the MP. It shall be inadmissible to vote on other issues on the agenda of the plenary sitting before the Parliament makes a decision on the issue of the recognition or early termination of the powers of the MP.

 

Article 7 – Compatibility of an MP’s other activities with the status of MP

1. An MP shall not have the right to hold any office in civil service or to be engaged in entrepreneurial activities.

2. The requirements of incompatibility of entrepreneurial activities with the status of MP do not prejudice the right to property recognised by the Constitution of Georgia. An MP may hold stocks, a share and other property.

3. An MP shall not have a right to:

a) directly carry out activities of a repeated nature to manage material assets and financial means for the purpose of making profit;

b) directly exercise the powers of a member of a permanent management, supervisory, controlling, audit and/or consultative body of a business entity.

4. An MP may be engaged in public activities. An MP may be engaged in academic, pedagogical and artistic activities if these activities do not envisage performing administrative functions. The performance of administrative functions implies an official’s authority to solely make administrative decisions on personnel, disciplinary and other issues in academic, educational or art institutions.

5. An MP may simultaneously engage in political party work, or hold any post in a political party.

6. During his/her term of office, an MP shall not be subject to the requirement of conscription into compulsory military service or conscription of military service personnel being in the reserve.

7. During martial law, an MP shall not have the right to avoid the carrying out of parliamentary activities on the ground of participating in military operations.

 

Article 8 – General rights and obligations of an MP

1. An MP shall have the right to:

a) use any information that is necessary for exercising his/her powers, unless otherwise provided for by law;

b) while exercising parliamentary control:

b.a) freely enter any state institutions, except in cases determined by law;

b.b) directly participate in discussions on the issues raised by him/her;

c) exercise other powers granted to him/her under the Constitution of Georgia, the Rules of Procedure, and other normative acts.

2. An MP shall be obliged to:

a) attend plenary sittings, the sittings of the Bureau, a committee, a faction, a temporary investigative commission or other temporary commission of the Parliament, and participate in their work;

b) support compliance with the requirements of the legislation of Georgia, including the Rules of Procedure, and in the case of the violation thereof, demand an appropriate response from the Parliament, the Chairperson of the Parliament or the relevant committee;

c) not use his/her powers and/or the possibilities associated with them for personal interests;

d) not use or disclose for personal interests information received or created in the line of duty;

e) comply with the standards of conduct established for state political officials by the legislation of Georgia and the Code of Ethics for Members of the Parliament.

3. An MP shall be obliged to complete an asset declaration and submit it to the Legal Entity under Public Law called the Civil Service Bureau in the manner prescribed by the Law of Georgia on Conflict of Interest and Corruption in Public Institutions. The Procedural Issues and Rules Committee of the Parliament shall, periodically and as necessary, analyse the information provided by the relevant authorities on the MP’s asset declaration, and shall, where necessary, bring up the issue for discussion at the plenary sitting of the Parliament.

4. A parliamentary official shall receive an MP without impediment at the latter’s request.

5. An MP who is not united in any faction is called a non-faction MP.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 9 – Right to enter penitentiary institutions without special permission

1. An MP may, by an order of the Chairperson of the Parliament, be granted the right to enter a penitentiary institution functioning in the territory of Georgia without special permission based on a request from him/her, a relevant committee or a temporary investigative commission.

2. The Chairperson of the Parliament shall have the right to enter any penitentiary institution functioning in the territory of Georgia without special permission.

 

Article 10 – Parliamentary posts for MPs

1. The officials of the Parliament are:

а) Chairperson of the Parliament;

b) First Deputy Chairperson of the Parliament;

c) Deputy Chairperson of the Parliament;

d) Chairperson of Committee;

e) Chairperson of Faction;

f) First Deputy Chairperson of Committee;

g) First Deputy Chairperson of Faction;

h) Deputy Chairperson of Committee;

i) Deputy Chairperson of Faction.

2. An MP may be elected to only one parliamentary post, except in the cases provided for by the Rules of Procedure. Electing an MP to an incompatible position shall result in the early termination of his/her powers in his/her current post.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 11 – Principles for criminal proceedings against an MP

1. The arrest or detention of an MP, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the prior consent of the Parliament, except when an MP is caught at the crime scene, in which case the Parliament shall be notified immediately. Unless the Parliament consents to the arrest or detention within 48 hours, the arrested or detained MP shall be released immediately. The General Prosecutor of Georgia shall submit to the Parliament a proposal to conduct investigative actions. The Procedural Issues and Rules Committee of the Parliament and the Legal Issues Committee of the Parliament shall study the validity of the submitted proposal within 5 days and consider the proposal, and shall submit a written opinion to the Bureau of the Parliament. The Bureau of the Parliament shall bring up the issue for discussion at the next plenary sitting of the Parliament. After discussing the issue at the plenary sitting, a decision shall be made by a decree, by a majority of three fifths of the total number of the Members of the Parliament.

2. Where an MP is caught at the crime scene during the period between sessions of the Parliament, the issue shall be considered in the manner prescribed by Article 44(2) of the Constitution of Georgia.

3. Only the General Prosecutor of Georgia may bring criminal proceedings against an MP, in which case the Parliament shall be notified immediately.

4. Where the Parliament consents to the arrest or detention of an MP, the powers of the arrested or detained MP shall be suspended by a decree for the period of arrest or detention, by a majority of three fifths of the total number of the Members of the Parliament. Where a criminal case is terminated or a court delivers a judgment of acquittal, the period during which the MP was arrested or detained shall be counted towards the total term of office of an MP by a decree of the Parliament, and the MP shall be given compensation corresponding to the period during which he/she was arrested or detained.

5. If the powers of an MP were terminated early on the basis of a court’s judgment of conviction that entered into legal force, which was later changed by a judgment of acquittal, the period during which the MP was arrested, detained and/or imprisoned shall be counted towards the total term of office of an MP by a decree of the Parliament, and the MP shall be given compensation corresponding to the period during which he/she was arrested, detained and/or imprisoned.

6. In the cases provided for by paragraphs 4 and 5 of this article, the powers of an MP shall be restored for the person concerned if the term of the Parliament, which he/she was a member of, has not expired, and in the case provided for by paragraph 5 of this article, if the powers of an MP replacing him/her have not been recognised. Where the powers of an MP cannot be restored, the term of the Parliament of respective convocation shall be counted towards the total term of office of an MP, and the MP shall be given compensation corresponding to that term of the Parliament.

Rules of Procedure of the Parliament of Georgia No 692 of 25 June 2021 – website, 25.6.2021

 

Article 12 – Special labour guarantees of MPs

1. An MP shall enjoy leave of 30 calendar days a year, which shall be optionally granted during the period between sessions of the Parliament, either in whole or in two parts.

2. An MP with severe disabilities shall be allocated a service car (adapted and special, as necessary) and assigned a support person.

3. An MP may have an assistant. The number of assistants shall be determined by the MP within the limits of expenses envisaged for these purposes.

4. An MP shall use a diplomatic passport until the expiry of his/her term of office, save for the exceptions established by the legislation of Georgia.

 

Article 13 – Ensuring the security of MPs

Conditions allowing for the smooth exercise by MPs of their powers shall be ensured. If there is sufficient information proving that the life and health of an MP is threatened, the Special State Protection Service of Georgia and other relevant authorities shall, based on the application of the MP and in accordance with the legislation of Georgia, ensure the security of him/her in the manner prescribed by the legislation of Georgia.

 

Article 14 – Remuneration of MPs

1. The limits established by Annex No 3 of the Law of Georgia on Remuneration in Public Institutions shall apply to the remuneration of MPs.

2. MPs shall be paid remuneration in the following amounts:

a) Chairperson of the Parliament – GEL 6740;

b) First Deputy Chairperson of the Parliament – GEL 6400;

c) Deputy Chairperson of the Parliament – GEL 6340;

d) Chairperson of Committee, Chairperson of Faction – GEL 5540;

e) First Deputy Chairperson of Committee, First Deputy Chairperson of Faction – GEL 4800;

f) Deputy Chairperson of Committee, Deputy Chairperson of Faction – GEL 4740;

g) Member of the Parliament who is not an official of the Parliament – GEL 4624.

3. The remuneration of an MP shall include an amount of GEL 1000 for the exercise of parliamentary powers. An MP may also be paid an amount for transportation as determined by the Bureau of the Parliament and may have an amount envisaged for life and health insurance reimbursed.

4. Expenses for the use of means of communication by an MP shall be reimbursed within the limits determined by the Bureau of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 15 – Assistance in the case of the death of an MP or his/her recognition as a person with a disability

1. If an MP dies as a result of an assault, his/her family shall be paid a one-off cash allowance of GEL 15 000.

2. If an MP dies, his/her family shall be paid a one-off cash allowance of GEL 10 000.

3. An MP who has been recognised as a person with a disability during his/her term of office, shall be paid a one-off allowance of GEL 10 000.

4. In the event of the death of an MP, his/her family members shall be entitled to state compensation in accordance with the procedures and in the amount established by the Law of Georgia on State Compensation and State Academic Stipends.

5. In the event of the death of an MP, the Parliament shall be authorised to finance all funeral-related expenses within the limits of allocations approved for the Parliament under an annual budget law.

 

Article 16 – Guarantees of former MPs and parliamentary officials

1. Former MPs shall be authorised to enter the building of the Parliament unimpeded during the term of the next convocation of the Parliament.

2. A former MP shall be entitled to a pension or paid compensation in the manner prescribed by law.

3. A resigned or removed Chairperson of the Parliament for the term of the active Parliament, as well as an MP who was the Chairperson of the previous Parliament, shall be provided with the same remuneration and working conditions (working space, secretariat, service car, means of communication and other technical means), which are provided to a Deputy Chairperson of the active Parliament.

4. The Chairperson of the Parliament shall continue receiving personal security for a period of 1 year from the expiration of his/her term of office or the termination of his/her powers if the termination of his/her powers is not the result of a violation of the Constitution of Georgia or the commission of a crime.

 

Chapter III – Chairperson of the Parliament and Deputies

 

Article 17 – Procedure for electing the Chairperson of the Parliament

1. At its first session, the Parliament shall, by secret ballot, elect for its term the Chairperson of the Parliament from among the MPs.

2. A faction, and a group of at least seven non-faction MPs, shall have the right to nominate a candidate for Chairperson of the Parliament.

3. A written application for the nomination of a candidate for Chairperson of the Parliament shall be submitted to the Chairperson of the plenary sitting, who shall compile a unified list of candidates according to the sequence in which they were nominated. After the candidates have been nominated, the Chairperson of the plenary sitting shall publish the list and request the consent of the candidates to be voted for the said position.

4. A candidate for Chairperson of the Parliament shall have the right to withdraw his/her candidacy without explanation at any time, including before each vote.

5. A candidate for Chairperson of the Parliament shall be given the floor for 20 minutes during a plenary sitting and adequate time to answer questions, after which debates shall start in accordance with the procedure established for the first reading of a draft law.

6. A candidate shall be considered to be elected to the position of Chairperson of the Parliament if he/she is supported by a majority of the total number of the Members of the Parliament.

7. If one or two candidates are participating in the election of the Chairperson of the Parliament, the voting shall be held simultaneously by means of the electronic system (the first nominated candidate shall be voted by pressing the ‘for’ button, and the second nominated candidate, by pressing the ‘against’ button), and if more than two candidates are participating in the election, the voting shall be held by ballots.

8. If only one candidate participated in the election of the Chairperson of the Parliament and he/she was not elected, a new election procedure shall start.

9. If two candidates participated in the election of the Chairperson of the Parliament and neither of them received the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start.

10. If more than two candidates participated in the election of the Chairperson of the Parliament and none of them received the necessary number of votes, the second round shall be held between the two candidates who received most votes. If neither of them receives the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start. If a candidate who enters the second round withdraws his/her candidacy, the next candidate, according to the number of votes received, shall be put to the vote instead.

11. If the votes are divided equally, a new vote shall be held.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 18 – Powers and scope of powers of the Chairperson of the Parliament

1. The Chairperson of the Parliament shall exercise the powers defined by the Constitution of Georgia and the Rules of Procedure in a fair and impartial manner.

2. The Chairperson of the Parliament shall:

a) represent the Parliament of Georgia in domestic and foreign affairs;

b) perform full administrative functions in the Palace of the Parliament;

c) direct the work of the Parliament, and provide general management for the activities of parliamentary bodies and officials;

d) preside over the plenary sittings of the Parliament, and convene and preside over the sittings of the Bureau of the Parliament, and as necessary, delegate these powers to one of his/her deputies;

e) define the responsibilities of Deputy Chairpersons by an order and give them individual tasks;

f) sign applications on the submission of draft laws adopted by the Parliament to the President of Georgia;

g) sign and publish laws in the cases provided for by the Constitution of Georgia and Article 122 of the Rules of Procedure;

h) sign and publish the Rules of Procedure, and sign other acts adopted by the Parliament;

i) define the budget of the Parliament and submit it to the Parliament for approval;

j) issue orders within his/her competence;

k) appoint the Head of a parliamentary delegation;

l) in the manner prescribed by the Rules of Procedure, decide on official visits of individual MPs and the parliamentary delegations to foreign states;

m) within his/her competence, take measures to ensure the protection of the dignity of the Parliament and the security of MPs;

n) provide general management for the activities of the Office of the Parliament;

o) approve the regulations, the structure and the staff list of the Office of the Parliament, and determine the amount of official salaries, salary increments, and cash bonuses;

p) appoint and dismiss the Chief of the Office of the Parliament, a Deputy Chief of the Office of the Parliament, the heads of the departments and of the Mandaturi Service of the Office of the Parliament in the manner prescribed by the Rules of Procedure;

q) within his/her competence, decide on issues of disciplinary liability;

r) approve the security protection regime in the Palace of Parliament and in the adjacent territory;

s) on behalf of the Parliament, assign representative powers, including proxy (power of attorney), to the Constitutional Court of Georgia and common courts;

t) invite officials to a plenary sitting of the Parliament who otherwise do not have the right to attend plenary sittings, as well as representatives of the public who wish to attend the plenary sitting;

u) approve the procedures for holding press conferences at the Parliament and for the accreditation of the representatives of mass media;

v) in the manner prescribed by the Rules of Procedure, give the right to an MP, by an order, to enter penitentiary institutions functioning in the territory of Georgia without special permission;

w) determine the procedure for reimbursing expenses for the official visits of MPs and public and state servants of the Office of the Parliament;

x) make decisions on awarding persons with the Parliamentary Order of Freedom, the Parliamentary Medal or the Parliamentary Badge;

x1) approve the procedure for holding a competition for the selection of candidates for members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment by the quota of Georgia, and the composition of a competition commission and a claims commission;

y) exercise other powers granted to him/her under the Rules of Procedure and other legislative acts.

Rules of Procedure of the Parliament of Georgia No 5492 of 11 December 2019 – website, 13.12.2019

Rules of Procedure of the Parliament of Georgia No 709 of 28 June 2021 – website, 29.6.2021

 

Article 19 – Annual report on the activities of the Parliament and action plan for the following year

1. The Chairperson of the Parliament shall coordinate and manage the preparation of an annual report on the activities of the Parliament and an action plan for the following year. The reports and action plans shall be published on the website of the Parliament.

2. The Parliament shall normally hear an annual report on the activities of the Parliament and an action plan for the following year in the first week of plenary sittings of a spring session, which shall be then submitted to the Parliament by the Chairperson of the Parliament.

3. The Parliament shall consider an annual report on the activities of the Parliament and an action plan for the following year in accordance with the procedure established for the first reading of a draft law.

 

Article 20 – Procedure for the termination of the powers of the Chairperson of the Parliament

1. The Chairperson of the Parliament shall have the right to apply in writing to the Parliament to resign or to publicly announce his/her resignation without any explanation. The Parliament shall take note of this fact at the next plenary sitting, which shall be recorded in the minutes of the sitting.

2. The Chairperson of the Parliament shall be deemed to have resigned from the moment of submitting a written application/making a public statement to this effect.

3. The Parliament shall be authorised to remove the Chairperson of the Parliament. No less than one third of the total number of the Members of the Parliament may, in writing, raise before the Parliament an issue of removing the Chairperson of the Parliament.

4. The Procedural Issues and Rules Committee of the Parliament shall examine the authenticity of the signatures of the MPs within 7 days and present its opinion to the Parliament at the plenary sitting.

5. The Parliament shall make a decision on removing the Chairperson of the Parliament without discussion, within 15 days of the issue being raised.

6. The Chairperson of the Parliament shall be considered to have been removed if the majority of the total number of the Members of the Parliament supports his/her removal.

7. If the Parliament does not make a decision on removing the Chairperson of the Parliament within the time limits determined by paragraph 5 of this article, the MP that signed the removal of the Chairperson of the Parliament shall not have the right to participate in the raising of this issue during the following 6 months.

8. If the powers of the Chairperson of the Parliament are terminated early, the Parliament shall, within 14 days, elect a new Chairperson of the Parliament in accordance with established procedures.

 

Article 21 – Acting Chairperson of the Parliament

1. When the Chairperson of the Parliament is absent, he/she shall, by an order, assign the duties of the Chairperson of the Parliament to one of his/her deputies.

2. Where the Chairperson of the Parliament fulfils the duties of the President of Georgia in cases provided for by the Constitution of Georgia, or where the Chairperson of the Parliament resigns, or he/she is removed, or he/she cannot exercise his/her powers, or where his/her powers as an MP are terminated early, his/her duties shall be fulfilled by the First Deputy, and if the First Deputy cannot exercise his/her powers, the Parliament shall, by a decree, assign the duties of the Chairperson of the Parliament to one of his/her deputies at the next plenary sitting. This decision shall be made without discussion. In such case, a faction shall have the right to nominate an acting Chairperson of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 22 – Procedure for electing Deputy Chairpersons of the Parliament

1. The Parliament shall, by secret ballot and by a majority of the total number of the Members of the Parliament, elect for its term Deputy Chairpersons, including the First Deputy Chairperson of the Parliament, from among the MPs, in the manner prescribed by the Rules of Procedure:

a) the First Deputy Chairperson of the Parliament shall be elected upon nomination by the Chairperson of the Parliament;

b) two Deputy Chairpersons of the Parliament shall be elected upon nomination by the majority of the MPs belonging to the parliamentary majority;

c) one Deputy Chairperson of the Parliament shall be elected upon nomination by the two factions in the parliamentary opposition, in which a larger number of MPs is united than in other factions in the opposition. If the relevant faction/factions does/do not nominate a candidate for Deputy Chairperson of the Parliament, the right to nominate a candidate shall be alternately granted to factions in the parliamentary opposition, in which a larger number of MPs is united than in other factions. In the event of an equal number of the members of factions, priority shall be given to the faction that received most votes in the parliamentary elections.

2. A written application for the nomination of a Deputy Chairperson shall be submitted to the Chairperson of the Parliament, who shall put this issue on the agenda of next plenary sitting in the manner prescribed by the Rules of Procedure.

3. If a candidate nominated in accordance with paragraph 1 of this article does not receive the necessary number of votes, the subjects who have the right to nominate a candidate may nominate the same candidate or a new candidate, and a new vote shall be held.

4. If the candidates for Deputy Chairperson of the Parliament do not receive the necessary number of votes in accordance with the procedures established by paragraph 3 of this article, a new election procedure shall start.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 23 – Termination of the powers of a Deputy Chairperson of the Parliament

1. The Deputy Chairperson of the Parliament shall have the right to resign in accordance with the procedure established by Article 20 of the Rules of Procedure.

2. The Parliament shall make a decision on the withdrawal of the First Deputy Chairperson of the Parliament under the initiative of the Chairperson of the Parliament without discussion, by a majority of the total number of the Members of the Parliament.

3. The subjects under Article 22(1)(b) and (c) shall have the right to withdraw at any time the Deputy Chairpersons of the Parliament elected upon their nomination. An application for the withdrawal of the Deputy Chairperson of the Parliament shall be submitted to the Chairperson of the Parliament, who shall inform the Bureau of the Parliament and the Parliament accordingly at the next plenary sitting. The Parliament shall take note of these facts, after which the powers of the Deputy Chairperson of the Parliament shall be terminated, which shall be recorded in the minutes.

4. If a Deputy Chairperson of the Parliament resigns, he/she is removed or his/her powers are otherwise terminated, or his/her powers as an MP are terminated early, the Parliament shall normally elect a new Deputy Chairperson of the Parliament within not later than 15 days.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter IV – Bureau of the Parliament

 

Article 24 – Competences of the Bureau of the Parliament

1. In order to organise the work of the Parliament, the Bureau of the Parliament shall be established comprising the Chairperson of the Parliament, the Deputy Chairpersons of the Parliament, and the chairpersons of committees of the Parliament and parliamentary factions.

2. The Bureau of the Parliament shall, in the manner prescribed by the Rules of Procedure:

a) prepare and submit to the Parliament for approval a draft agenda for the week of plenary sittings of the Parliament, and where necessary, prepare a two-week cycle work plan for the session of the Parliament;

b) ensure that draft laws, decrees, concept papers, resolutions, applications, declarations, or other acts to be adopted by the Parliament, or an issue prepared based on the opinions of a committee, a temporary investigative commission and other temporary commissions, are put on the draft agenda of the plenary sittings of the Parliament;

c) consider an issue and make decisions on discussing draft laws through accelerated and simplified procedures;

d) put the issue on a draft agenda of plenary sittings of the Parliament on the basis of the opinions of respective committees on passing a vote of confidence in the Government of Georgia, and on electing and consenting to the appointment of officials provided for by the Constitution of Georgia;

e) upon recommendation by the Procedural Issues and Rules Committee of the Parliament, approve the quotas of proportional representation in committees, temporary investigative commissions and other temporary commissions, standing parliamentary delegations and the Council of Ethics;

f) approve the statutes of committees, temporary investigative and other temporary commissions;

g) decide upon issues of the registration of factions, and the registration of the lists of members of the parliamentary majority and the parliamentary opposition;

h) make decisions on the registration of a person as a lobbyist;

i) approve the decisions of the Council of Treasurers upon recommendation by the Chairperson of the Parliament;

j) approve the statute of the Council of Ethics upon recommendation by the Council of Ethics;

k) make decisions on individual organisational issues of the work of the Parliament;

l) approve the sample of the logo of the Parliament and the rule of the application thereof;

m) approve the regulations of a competition commission on the selection of candidates for members of the Board of Trustees of the Public Broadcaster;

n) exercise other powers granted to it under the Rules of Procedure and other legislative acts.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 25 – Sittings of the Bureau of the Parliament

1. The Chairperson of the Parliament, or by his/her assignment, the Deputy Chairperson of the Parliament, shall convene and preside over the sittings of the Bureau of the Parliament.

2. The sittings of the Bureau of the Parliament shall normally be held at 15.00 every Monday during the session period, and as necessary, during the period between the sessions of the Parliament.

3. The Chairperson of the Parliament shall be authorised to convene a sitting of the Bureau of the Parliament on his/her own initiative or on the basis of a reasoned written request of a committee or a faction.

4. A sitting of the Bureau of the Parliament shall be duly constituted if it is attended by more than half of the enlisted members of the Bureau of the Parliament. The Bureau of the Parliament shall make a decision by a majority of the votes of the members of the Bureau present at the sitting, but with no less than half of the quorum necessary for opening (ascertaining the due constitution of) a sitting.

5. As a rule, the sittings of the Bureau of the Parliament are public. Public sittings shall be broadcast live on TV and radio. A sitting of the Bureau of the Parliament may be closed if so requested by a member of the Bureau and his/her request is supported by the majority of the members of the Bureau present at the sitting. The issue of whether to close the sitting of the Bureau of the Parliament shall be discussed behind closed doors. The Chairperson of the sitting shall determine the scope of persons who may attend a closed sitting of the Bureau of the Parliament.

6. The members of the Bureau of the Parliament shall be obliged to attend its sittings. Where the Chairperson of a Committee cannot attend the sittings of the Bureau of the Parliament for good reason, his/her deputy shall replace him/her with the same voting right, and the Chairperson of a Faction shall be replaced with his/her deputy or a member of the faction, upon presentation of the succession document, with the same voting right.

7. Other MPs may attend the sittings of the Bureau of the Parliament with the right of a deliberative vote.

8. A member of the Government of Georgia, the Chairperson of the Constitutional Court of Georgia, the Chairperson of the Supreme Court of Georgia, the General Auditor, the General Prosecutor of Georgia, the President of the National Bank of Georgia, the Public Defender of Georgia, the Parliamentary Secretary of the President of Georgia, the Parliamentary Secretary of the Government of Georgia and the Chairperson of the Central Election Commission of Georgia (‘the CEC’) may raise an issue before the Bureau of the Parliament and participate, with the right of a deliberative vote, in the discussion of the issue.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 26 – Decisions of the Bureau of the Parliament

1. The decisions made by the Bureau of the Parliament shall be notified to the Parliament at the next plenary sitting in cases provided for by the Rules of Procedure.

2. The Parliament may cancel or change the decisions of the Bureau of the Parliament by a majority of the votes of those present at the plenary sitting, but with no less than one fifth of the total number of the Members of the Parliament.

3. The decisions of the Bureau of the Parliament shall be documented in the minutes of the sitting of the Bureau of the Parliament. Extracts from the minutes of the sittings of the Bureau of the Parliament shall be sent as appropriate.

 

Chapter V − Committees of the Parliament

 

Article 27 – Basis for the activities of committees

1. The Parliament shall ensure the preliminary preparation of legislative issues, assistance in the execution of the decisions of the Parliament, and control over the activities of the Government of Georgia and other bodies accountable to the Parliament (bodies that submit to the Parliament reports on their activities in accordance with the Constitution of Georgia or other legislative act, or whose accountability of other type to the Parliament is directly provided for by a legislative act), through its committees.

2. The following are the committees of the Parliament:

a) the Agrarian Issues Committee;

b) the Human Rights and Civil Integration Committee;

c) the Education and Science Committee;

d) the Environmental Protection and Natural Resources Committee;

e) the Sector Economy and Economic Policy Committee;

f) the Diaspora and Caucasus Issues Committee;

g) the European Integration Committee;

h) the Defence and Security Committee;

i) the Legal Issues Committee;

j) the Culture Committee;

k) the Regional Policy and Self-Government Committee;

l) the Foreign Relations Committee;

m) the Procedural Issues and Rules Committee;

n) the Budget and Finance Committee;

o) the Sports and Youth Issues Committee;

p) the Healthcare and Social Issues Committee.

3. The Chairperson of the Parliament shall provide the general coordination of the activities of committees.

4. The powers and the procedure for the activities of committees shall be determined by the Constitution of Georgia, the Rules of Procedure, and the statutes of respective committees.

Rules of Procedure of the Parliament of Georgia No 392 of 16 March 2021 – website, 16.3.2021

 

Article 28 – Formation and composition of the committees

1. The composition of a committee shall be determined in proportion to the representation of factions and the number of non-faction MPs. The number of committee members and the quotas of proportional representation shall be determined by the Procedural Issues and Rules Committee of the Parliament and approved by the Bureau of the Parliament, and at the first sitting of a newly elected Parliament by a temporary mandate commission, and then approved by a decree of the Parliament.

2. A committee shall be composed of at least 10 MPs. A committee shall commence work if more than half of the full composition of committee members has been appointed and a Chairperson of the Committee has been elected.

3. An MP shall be obliged to be a member of at least one committee, and shall not be on more than two committees. The issue of an MP’s becoming a member of a second committee shall be decided by his/her faction in accordance with the number of seats established under the quotas of proportional representation.

4. In cases provided for by paragraph 1 of this article, a faction shall, by a decision, nominate members to a committee within 3 days after the Bureau of the Parliament (the Parliament) approves the quotas of proportional representation of factions in the committees.

5. The decision of a faction to nominate a member to the committee shall be notified to the Procedural Issues and Rules Committee of the Parliament (the temporary mandate commission of the Parliament) and the Bureau of the Parliament. The Procedural Issues and Rules Committee of the Parliament (the temporary mandate commission of the Parliament) shall examine the validity of the nomination of the member to the committee by the faction and shall respond appropriately where necessary. A member nominated by the faction shall be considered to be appointed from the moment the Bureau of the Parliament (the temporary mandate commission of the Parliament) takes note of this fact.

6. A non-faction MP shall become a member of a committee in the manner prescribed by paragraph 5 of this article, on the basis of his/her personal application.

7. (Deleted – 1.7.2020, No 6700).

8. The Chairperson of the Parliament and his/her First Deputy shall not be in the composition of a committee.

9. A respective faction shall make a decision on the committee membership of the Deputy Chairperson of the Parliament, the leader of the parliamentary majority, or the Chairperson of a Faction, according to the number established under the quotas of proportional representation.

10. If the changes within a faction affect the proportional representation of factions in a committee, the Procedural Issues and Rules Committee of the Parliament shall, within 1 week, determine new quotas of proportional representation and submit them to the Bureau of the Parliament at its next sitting.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website,

7.7.2020

 

Article 29 – Termination of the powers of a committee member

1. A committee member shall have the right to leave the committee at any time. He/she shall notify in writing thereof the Chairperson of the Faction, the Bureau of the Parliament and the Procedural Issues and Rules Committee of the Parliament.

2. The powers of a committee member shall be terminated:

a) immediately after he/she submits an application for leaving the committee;

b) immediately after his/her powers as of an MP are terminated;

c) immediately after he/she is appointed to a position incompatible with committee membership;

d) in the cases provided for by Article 51(2) of the Rules of Procedure.

 

Article 30 – Procedure for electing the Chairperson of a Committee

1. The Parliament shall, in the manner prescribed by the Rules of Procedure, elect the Chairperson of a Committee from among the members of the committee.

2. A faction, and a group of at least seven non-faction MPs, may nominate a candidate for the Chairperson of a Committee within 7 days after more than half of the full composition of committee members has been appointed, the Chairperson of the Committee has resigned, has been removed, or his/her powers have otherwise been terminated, or his/her powers as an MP have been terminated.

3. If the authorised subjects do not nominate a candidate for the Chairperson of a Committee within the time limit specified in paragraph 2 of this article, the Chairperson of the Parliament shall, within 5 days of the expiry of this time limit, nominate a candidate for the Chairperson of the Committee from among the members of the committee.

4. The Chairperson of a Committee shall be elected by open vote. If one or two candidates are participating in the election of the Chairperson of the Committee, the voting shall be held simultaneously by means of the electronic system (the first nominated candidate shall be voted by pressing the ‘for’ button, and the second nominated candidate, by pressing the ‘against’ button), and if more than two candidates are participating in the election, the voting shall be held by using nominative ballots.

5. After the candidates have been nominated, the Chairperson of the plenary sitting shall publish a list of candidates.

6. A decision electing the Chairperson of a Committee shall be deemed to be adopted if it is supported by a majority of of the total number of the Members of the Parliament. The decision shall be made without discussion.

7. If only one candidate participated in the election of the Chairperson of a Committee and he/she was not elected, a new election procedure shall start. If two candidates participated and neither of them received the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start.

8. If more than two candidates participated in the election of the Chairperson of the Committee and none of them received the necessary number of votes, the second round shall be held between the two candidates who received most votes. If only two candidates with the best results cannot be identified in the first round, the second round shall be held between the candidates who shared the first or the second place according to the number of votes received. A candidate having received more votes, but no less than one third of the total number of the Members of the Parliament, shall be deemed elected. If the votes are divided equally, a new election procedure shall start.

9. If a candidate, who enters the second round, withdraws his/her candidacy, the next candidate, according to the number of votes received, shall be put to the vote instead.

10. A candidate shall have the right to withdraw his/her candidacy before each vote.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 31 – Procedure for electing Deputy Chairpersons of a Committee

1. A committee shall, by open vote and by a majority of enlisted members, elect three Deputy Chairpersons (including the First Deputy) from among its members at the first organisational sitting and shall inform the Bureau of the Parliament accordingly.

2. The Chairperson of a Committee shall have the right to nominate a candidate for the First Deputy Chairperson of a Committee. One candidate for Deputy Chairperson of a Committee may be nominated by a faction in the parliamentary majority or a group of at least seven non-faction MPs in the parliamentary majority, and one candidate for Deputy Chairperson of a Committee may be nominated by a faction in the parliamentary opposition or a group of at least seven non-faction MPs in the parliamentary opposition.

3. If one candidate participated in the election of a Deputy Chairperson of a Committee and he/she could not receive the necessary number of votes, a new election procedure shall start. If two candidates participated and neither of them received the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start. If more than two candidates participated and none of them received the necessary number of votes, the second round shall be held between the two candidates who received most votes.

4. If a candidate who enters the second round withdraws his/her candidacy, the next candidate, according to the number of votes received, shall be put to the vote instead.

5. If only two candidates with the best results cannot be identified in the first round, the second round shall be held between the candidates who shared the first or the second place according to the number of votes received.

6. A candidate having received more votes shall be deemed elected in the second round.

7. If the candidates participating in the second round receive an equal number of votes, the candidate with the best results in the first round shall be deemed a winner. If a winner cannot be determined under this procedure, a new election procedure shall start.

8. If a new election procedure starts, the relevant subjects have the right to nominate the same candidate or another candidate. The same candidate may be nominated only twice.

9. The procedure established by this article shall be applicable to the election of the legal successor of the First Deputy Chairperson of a Committee or a Deputy Chairperson of a Committee after the termination of their powers.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 32 – Termination of the powers of the Chairperson of a Committee and Deputy Chairpersons of a Committee

1. The Parliament shall be authorised to remove a Chairperson of a Committee, and the committee shall be authorised to remove a Deputy Chairperson of a Committee if requested by the Chairperson of the Parliament, the Bureau of the Parliament, no less than one fifth of the Members of the Parliament, as well as in the case of the Chairperson of a Committee, by a majority of the enlisted members of the respective committee, and in the case of a Deputy Chairperson of a Committee, by no less than one third of the enlisted members of the respective committee.

2. A decision on removal shall be deemed to be adopted if it is supported by a majority of the total number of the Members of the Parliament in the case of the Chairperson of a Committee, and by a majority of the enlisted members of the committee in the case of a Deputy Chairperson of a Committee.

3. The Chairperson of a Committee shall have the right to resign at any time. An application for resignation shall be submitted to the Bureau of the Parliament. The Chairperson of a Committee shall be deemed to have resigned from the moment the application is submitted to the Bureau of the Parliament. The Parliament shall take note of an application for resignation at a plenary sitting, which shall be recorded in the minutes of the sitting.

4. A Deputy Chairperson of a Committee shall have the right to resign at any time. An application for resignation shall be submitted to the Chairperson of a respective committee, who shall introduce it to the committee. A Deputy Chairperson of a Committee shall be deemed to have resigned from the moment the application is submitted to the Chairperson of the Committee. The Parliament shall take note of the application of the Deputy Chairperson of the Committee for resignation at a plenary sitting, which shall be recorded in the minutes of the sitting.

5. If an MP is elected to the position of Deputy Chairperson of a Committee by the quota of a faction and his/her status of membership in the faction is terminated, his/her authority as Deputy Chairperson of the Committee shall also be terminated.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 33 – Statute of a committee

1. A committee shall adopt its statute at the first organisational sitting.

2. A statute of a committee shall determine the directions of activities and the powers of the committee, and issues related to the organisation of its work.

3. The minutes of the first organisational sitting and the statute of the committee shall be submitted to the Bureau of the Parliament.

 

Article 34 – Committee sittings

1. A committee shall determine the frequency of holding committee sittings, but no fewer than two sittings shall be held per month during the session period (a committee shall not be obliged to hold a committee sitting in the period between sessions). A committee sitting shall be convened on the date determined in advance.

2. The Chairperson of a Committee shall convene committee sittings on his/her own initiative, or at the request of the majority of the enlisted members of the committee, or upon instruction by the Bureau of the Parliament.

3. A committee sitting shall be duly constituted if it is attended by a majority of the enlisted members of the committee.

4. If a committee member appointed by a faction cannot take part in the work of the committee, the faction shall have the right to temporarily replace him/her with another member of the faction, and the faction shall in writing notify the Chairperson of the respective committee accordingly before a committee sitting starts. This right in respect of each member of a faction, in the case of his/her non-attendance at a committee sitting, may be exercised not more than five times within one session period. A committee member shall not be considered to have missed the sitting of a respective committee if the sitting is attended by his/her legal successor.

5. The Procedural Issues and Rules Committee of the Parliament shall examine information related to the exercise of the right provided for by paragraph 4 of this article and respond accordingly to meet the requirements of the paragraph. At the end of every session, the Procedural Issues and Rules Committee of the Parliament shall, where necessary, discuss an issue of exercising the right provided for by paragraph 4 of this article, and if a violation is identified, it shall submit a relevant opinion to the Bureau of the Parliament.

6. A committee sitting shall not be considered to have been missed without good reason by a committee member if the Chairperson of the Committee has been informed before the sitting in writing of a good reason for missing the committee sitting by the committee member. A valid excuse for the non-attendance of a committee sitting by a committee member shall be his/her illness (confirmed by a medical certificate for sick leave), a business trip, or the birth/death/illness of a family member (confirmed by a medical certificate for sick leave). For the purposes of this paragraph, a ‘family member’ means a spouse, a direct ascendant and descendant relative, a stepchild, a sister, or a brother. A committee sitting shall not be considered to have been missed without good reason either if the committee sitting has been convened in violation of the time limit determined by paragraph 8 of this article. The fact of the non-attendance of a committee sitting by a committee member shall be recorded in the minutes.

7. Committees shall, not later than 3 days after the end of each month, send to the Procedural Issues and Rules Committee of the Parliament the records of the committee sittings, as well as written applications submitted to the Chairperson of the Committee in connection with the reasons for missing committee sittings by committee members and for the exercise of the right provided for by paragraph 4 of this article.

8. Information on the date and agenda of a committee sitting, together with issues under consideration, shall be published on the website of the Parliament not later than 3 calendar days before the sitting. The time limit determined by this paragraph shall not apply to cases where a draft law is considered in an accelerated manner.

9. The Chairperson of a Committee shall determine an agenda of a committee sitting on his/her own initiative or at the request of a committee member/members. Putting a new issue on the agenda at a committee sitting shall be inadmissible unless such issue is provided for by the Constitution of Georgia and where a draft law is considered in an accelerated manner. An issue may be removed from the agenda by a reasoned decision of the majority of committee members present at the sitting. An issue may be removed from, or put on, the agenda before the committee sitting at the reasoned written request of the majority of the enlisted members of the committee.

10. Decisions shall be made at committee sittings by open vote, by a majority of the votes of the committee members present at the sitting, but with no less than half of the votes necessary for opening (ascertaining the due constitution of) a sitting, except in cases provided for by the Rules of Procedure.

11. Committee sittings shall be public. Public sittings shall be broadcast live. In special cases, a committee shall hold closed sittings. A decision on holding a closed sitting shall be made behind closed doors, by a majority of the enlisted members of the committee. The Chairperson of the sitting shall determine the scope of persons who may attend a closed committee sitting. Closing a committee sitting during the consideration of a draft law shall be inadmissible.

12. Other MPs, members of the Government of Georgia and invited persons may attend committee sittings with the right of a deliberative vote.

13. Interested representatives of the public may be invited to attend committee sittings. They may be given the floor by a decision of the Chairperson of the sitting.

14. Mass media representatives accredited in accordance with established procedures may be invited to attend committee sittings. Keeping up running commentaries on committee sittings on TV and radio shall be allowed.

15. The discussions of draft laws by a committee shall not be held during the plenary sittings of the regular session of the Parliament, unless a decision on considering a draft law in an accelerated manner has been made, or in cases where a draft law on the State Budget or a draft law on amendments to the State Budget is considered.

16. Committees shall be authorised to hold off-site sittings. Where an MP who is a member of two committees is present at the sitting of one of these committees, the sitting of the second committee shall not be considered to have been missed by the MP without good reason if the sittings of both committees are held on the same day and at least one of them is an off-site sitting.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 35 – Joint sitting of committees

A joint sitting of committees may be held at the request of the Chairperson of the Parliament, or by a decision of the Bureau of the Parliament, or by a decision of the Chairpersons of the relevant committees. The committees shall make respective decisions regarding issues considered at a joint sitting by separate votes.

 

Article 36 – Powers of the Chairperson of a Committee, First Deputy Chairperson of a Committee and Deputy Chairpersons of Committee

1. The Chairperson of a Committee shall exercise the powers within his/her competence in a fair and impartial manner.

2. The Chairperson of a Committee shall:

a) direct the activities of the committee, convene and preside over committee sittings;

b) represent the committee in the Parliament, outside thereof, and in relevant inter-parliamentary relations;

c) sign acts of the committee and the minutes of its sittings;

d) provide general management for the committee office;

e) organise the drafting of an annual action plan of the committee;

f) according to annual results, submit a written report to the Parliament on the activities of the committee not later than 2 weeks before the start of a spring session;

g) issue orders on internal organisational issues of the committee;

h) exercise other powers granted to him/her under the Rules of Procedure and other legislative acts.

3. A First Deputy Chairperson of a Committee shall:

a) fulfil the duties of the Chairperson of a Committee if the latter is absent;

b) perform individual tasks received from the Chairperson of a Committee.

4. A Deputy Chairperson of a Committee shall:

a) fulfil the duties of the Chairperson of the Committee upon instruction by the Chairperson of the Committee if the First Deputy Chairperson is absent;

b) perform individual tasks received from the Chairperson of the Committee.

5. Where the Chairperson of a Committee resigns, or he/she is removed, or his/her powers are otherwise terminated, or he/she cannot exercise his/her powers, or his/her powers as an MP are terminated early, the duties of the Chairperson of the Committee shall be performed by the First Deputy Chairperson of the Committee. In the absence of the First Deputy Chairperson of the Committee, the committee shall assign the duties of the Chairperson of the Committee to his/her deputy by a majority of its enlisted members.

6. In the case provided for by paragraph 4 of this article, one-third of the enlisted members of the committee or the Deputy Chairperson of the Committee shall have the right to convene a committee sitting to assign the duties of the Chairperson of the Committee. In such case, one of the Deputy Chairpersons of the Committee shall preside over the committee sitting by a decision of the majority of the enlisted members of the committee.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 37 – Powers of a committee

1. A committee shall, within its competence:

a) draw up, consider and prepare, for the plenary session of the Parliament, draft legislative acts of Georgia, draft decrees and other decisions of the Parliament;

b) participate in the consideration and handling of draft laws and/or other draft acts submitted to the Parliament, prepare opinions and a paper reflecting the status of consideration of submitted comments in the draft law;

c) consider a draft budget and prepare an opinion;

d) consider reports of the State Audit Office in the manner prescribed by the Rules of Procedure;

e) control the execution of legislative acts of Georgia, decrees and other decisions of the Parliament, and submit a relevant opinion to the Parliament where necessary;

f) exercise control over the activities of the Government of Georgia and other bodies accountable to the Parliament, and submit a relevant opinion to the Parliament where necessary;

g) decide organisational issues of the activities of the committee;

h) exercise the right of legislative initiative;

i) based on the activities of the committee, prepare an action plan of the committee and publish it on the website of the Parliament;

h) exercise other powers granted to it under the Rules of Procedure and other legislative acts.

2. All of the issues under consideration shall be considered at the plenary sitting of the Parliament by a respective committee, save for the exceptions provided for by the Rules of Procedure.

3. On its own initiative or on the basis of a respective application, request or petition, a committee shall, within its competence, examine the activities of administrative bodies and shall, where necessary, request relevant materials and submit its opinion to the Parliament for discussion.

4. Other powers of a committee shall be determined by the statute of the committee.

 

Article 38 – Control over the enforcement of normative acts

1. A committee shall control the status of the enforcement of normative acts adopted by the Parliament in the area falling within its purview. For this purpose, a committee shall study and analyse the efficiency of normative acts in question and any omissions identified during the period that they were effective, shall consider measures necessary to remedy said omissions and subjective and objective factors that prevent the proper enactment of the normative acts, and shall take measures to ensure their execution.

2. On the basis of a request from a respective committee, the Bureau of the Parliament shall be authorised to put an issue of the enforcement of normative acts on the agenda for the week of the plenary sittings of the Parliament. The issue shall be discussed in accordance with the procedure established by the Rules of Procedure for the first reading of a draft law.

3. After the parliamentary hearing of information on the status of the enforcement of a normative act, the Parliament shall, where necessary, adopt a decree that may reflect:

a) the Parliament’s evaluation regarding the enforcement of the normative act;

b) an assignment for a relevant committee to prepare appropriate amendments to introduce them in the normative act.

4. A committee shall, within its competence, analyse case law and take appropriate measures to remedy legislative gaps.

 

Article 39 – Checking the compliance of normative acts with the legislation of Georgia

1. A committee shall be authorised to check the compliance of the normative acts of the Government of Georgia, of the ministers of Georgia, and of the heads of other state agencies of the executive authority of Georgia, with the legislation of Georgia, and the status of their execution. It shall examine and analyse any gaps identified during the period that the normative acts were effective and shall prepare recommendations and send them to a relevant agency.

2. A committee shall, in the area falling with its purview, check the fulfilment, within the determined time limit, of the tasks assigned to the institutions of the executive authority under the transitional provisions of the normative acts of the Parliament. If the time limit for the fulfilment of such tasks is not determined, the committee shall determine it for the relevant institution of the executive authority. The committee shall submit information on the status of the fulfilment of tasks provided for by this paragraph to the Procedural Issues and Rules Committee of the Parliament, which shall study the information and submit it to the Bureau of the Parliament once every 3 months. The Procedural Issues and Rules Committee of the Parliament shall publish information on the status of the fulfilment of tasks assigned under the transitional provisions of the normative acts of the Parliament on the website of the Parliament.

3. In the case of failure to fulfil a task or a recommendation provided for by this article, a committee shall make an appropriate decision.

 

Article 40 – Compulsory attendance of officials at committee sittings

1. A member of the Government of Georgia, an official accountable to the Parliament (a member of the Government, a head or an official of a body accountable to the Parliament, that submits to the Parliament a report on its activities in accordance with the Constitution of Georgia or other legislative act, or whose accountability of other type to the Parliament is directly provided for by a legislative act), a head of a body accountable to the Parliament, and the Public Defender of Georgia, shall be authorised, and if requested, obliged to attend committee sittings in the manner prescribed by the Rules of Procedure, to provide answers to questions raised at the sitting, and to submit a report on activities performed. A committee shall hear such an official immediately upon request.

2. A person under paragraph 1 of this article shall be obliged to attend a committee sitting on the basis of a request of the majority of committee members present at the sitting, or of a faction, except in cases provided for by paragraph 3 of this article. However, a faction shall have the right to summon a person to a committee sitting if this faction has a member on the committee.

3. The Prime Minister of Georgia, the General Prosecutor of Georgia, the Head of the State Security Protection Service of Georgia shall be obliged to attend a committee sitting at the written request of the majority of enlisted committee members. The written request shall contain comprehensive information on the issue/issues to be discussed with an official to be summoned to a committee sitting.

4. The Chairperson of a Committee shall send a person under paragraph 1 of this article the request of the committee that he/she be summoned to the committee sitting. The request shall be sent not later than 1 week before the committee sitting. A person under paragraph 1 of this article shall be heard by the committee at the first committee sitting after this period lapses. This procedure may be changed on the basis of an agreement between the initiator of the summoning and the person being summoned.

5. A request under paragraph 4 of this article shall contain comprehensive information on the issue/issues to be discussed with a person to be summoned to a committee sitting. A person summoned to a committee sitting shall have the right not to discuss issues that have not been communicated to him/her in accordance with the procedure established by this article.

6. A person summoned to a committee sitting shall be given the floor for 20 minutes, which may be extended by not more than 10 minutes by a decision of the Chairperson of the sitting.

7. After a person under paragraph 1 of this article finishes his/her speech, MPs shall have the right to ask questions regarding the speech for not less than 30 minutes. At first, the initiator of the summoning shall ask questions. The time for questions shall be fairly allocated among factions/non-faction MPs. After questions have been asked, the official shall provide answers separately to each question asked by the MPs.

8. A person under paragraph 1 of this article shall be obliged to attend a committee sitting at the request of the majority of enlisted committee members within 2 months after his/her attendance at a committee sitting on a compulsory basis.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 41 – Obligation to provide information

If requested by a committee, a member of the Government of Georgia, an official of a body accountable to the Parliament, and/or the head of a body accountable to the Parliament, shall submit relevant documents, opinions and other necessary materials within the time limit determined by the committee.

 

Article 42 – Committee acts

1. Committee acts are: an opinion, a recommendation, and a decision.

2. After hearing, controlling and checking information on the issue falling within its competence, as well as after considering a draft law, a committee shall prepare an opinion. A committee opinion shall contain an assessment and/or specific response measures. Committee opinions shall be normally submitted to the Bureau of the Parliament, the plenary sitting of the Parliament, or shall be sent as appropriate.

3. The sample/samples of committee opinions shall be approved by an order of the Chairperson of the Parliament.

4. After hearing, controlling and checking information on the issue falling within its competence, as well as on identified facts of violation of the Constitution of Georgia and the laws of Georgia, a committee shall prepare recommendations. A committee recommendation may be submitted to the Parliament or sent according to jurisdiction for further response. The committee shall be notified of the results of the discussion of the recommendation, or of subsequent measures, not later than 1 month or within the time limit determined by the committee.

 

Article 43 – Action plan of a committee

1. Committees shall, before the opening of a spring session, draw up an annual action plan for the work of a respective committee, which shall be approved by a decision of the committee, not later than 2 weeks of the opening of a spring session.

2. Action plans of committees shall be approved by the majority of enlisted committee members, and shall be notified to the Bureau of the Parliament and published on the website of the Parliament.

3. An action plan of a committee shall contain information on activities to be carried out, and time limits, for the fulfilment by the committee of legislative, supervisory and other functions, including the functions determined by Articles 38 and 39 and Article 201(2) of the Rules of Procedure. An action plan shall designate a member/members responsible for carrying out each of the activities. Such member(s) shall automatically be the thematic speaker(s) as provided for by Article 45 of the Rules of Procedure.

 

Article 44 – Report on activities performed by a committee

1. The Chairperson of a Committee shall, not later than 2 weeks before the opening of a spring session, submit to the Parliament a written report on the activities performed by the committee and a relevant statement based on the results of each year.

2. The Deputy Chairperson of a Committee, who was elected under the quota of the parliamentary opposition, shall be authorised to be the co-speaker during the discussion of the report on the activities performed by the committee. 

3. Reports shall be submitted to the Organisational Department of the Office of the Parliament, which shall immediately send it to the Chairperson of the Parliament, Deputy Chairpersons of the Parliament, other committees, factions, and non-faction MPs. The reports shall be published on the website of the Parliament.

4. The Bureau of the Parliament shall put an issue of the discussion of a report on the agenda of the plenary sitting of a spring session.

5. The duration of the speech of each speaker on the report at the plenary sitting of the Parliament shall not exceed 20 minutes. Where required, the duration of the speech may be extended by not more than 10 minutes by a decision of the Chairperson of the sitting.

6. After a speaker finishes his/her speech, a co-speaker shall take the floor. The duration of the speech of a co-speaker shall not exceed 15 minutes. The duration of the speech may be extended by not more than 5 minutes by a decision of the Chairperson of the sitting.

7. Issues shall be discussed in accordance with the procedure established by the Rules of Procedure for the first reading of a draft law, in accordance with paragraphs 5 and 6 of this article.

8. The Parliament shall take note of reports submitted by committees.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 45 – Thematic speaker of a committee

1. To better carry out the legislative, supervisory and other activities of the Parliament, as well as to ensure the quality of work and the allocation of workload among MPs, a committee member shall be the thematic speaker within the competence of the committee, in accordance with the procedure established by this article.

2. The working field/fields or direction/directions of a thematic speaker shall be determined annually, in accordance with an action plan of the committee.

3. The Chairperson of a Committee shall appoint committee members as thematic speakers, taking into consideration their initiatives, for the duration of the action plan of the committee. One thematic speaker from among the MPs in the parliamentary majority, and, if desired, one thematic speaker from among the members of factions and from among the non-faction MPs who are in the parliamentary opposition, shall be responsible for each working field/direction provided for by the action plan of the committee. The third and each subsequent thematic speaker may be appointed in the same working field/direction by a decision of the Chairperson of the Committee.

4. If no one expresses a wish to be a thematic speaker for the working field/direction provided for by an action plan of a committee, the Chairperson of the Committee shall himself/herself designate a thematic speaker.

5. A unified list of thematic speakers, with an indication of respective working fields/directions, shall be published on the website of the Parliament according to committees.

6. A thematic speaker shall analyse the issues within the competence of the committee (including draft laws) according to the corresponding working fields/directions, and shall prepare a report that he/she shall submit to the committee during the discussion of the issue (draft law).

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 46 – Working group of a committee

Each committee shall create working groups to facilitate committee activities and to preliminarily prepare legislative issues, and in relation to other ongoing issues. A working group of a committee may be composed of MPs and of specialists in the relevant field.

Article 47 – Scientific Consultative Council

1. A committee, by its decision, may set up a scientific consultative council under it’s auspices, to provide consultation on issues related to its sectoral specialisation and directions, for the term of the Parliament, and such a council shall be composed of competent specialists in the relevant fields. The composition and the procedure for the activities of a scientific consultative council shall be determined by a decision of a committee.

2. A relevant committee shall convene a sitting of a scientific consultative council as necessary.

 

Chapter VI – Faction

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 48 – Status of a faction

1. A faction is a political subject of the activities of the Parliament wherein MPs unite to achieve common political goals. The procedures for the forming and activities of factions and their powers shall be determined by the Constitution of Georgia and the Rules of Procedure.

2. A faction shall not be formed for personal, professional, local, regional or religious purposes.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 49 – Formation of a faction

1. At least seven MPs may form a faction.

2. MPs elected upon nomination by the same party shall not have the right to form more than one faction.

3. MPs intending to form a faction shall draw up a charter of the faction.

4. A charter of a faction shall regulate its internal organisational issues in accordance with the Constitution of Georgia and the Rules of Procedure.

5. A charter of a faction shall determine procedures for its formation and changes to its composition, procedures for setting up a management body of a faction and electing officials, and their competences, the powers of faction members, the goals, tasks and structure of the faction, and a procedure for revising the charter.

6. The Chairperson of a Faction shall be the head of the faction. The Chairperson of a Faction may have not more than one deputy per 15 members of the faction. If the Chairperson of a Faction has more than one deputy, one of them may be assigned the status of First Deputy Chairperson of the Faction. The powers and the procedure for the election, removal and resignation of the Chairperson of a Faction, the First Deputy Chairperson of a Faction and a Deputy Chairperson of a Faction shall be determined by the charter of the faction.

7. A faction shall be considered to have been formed from the moment when at least seven MPs adopt its charter.

8. The registration of newly formed factions is mandatory. Before being registered, a newly formed faction shall exercise the powers determined by Article 50 of the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 50 – Registration of a faction

1. The rights and obligations of a faction shall emerge from the moment of its registration.

2. A faction shall, before registration, elect a chairperson from its composition.

3. To register a faction, at the very first meeting of a newly elected Parliament, the Chairperson of a Faction shall submit to the temporary mandate commission of the Parliament an application indicating an official name of the faction and the names of its chairperson, other officials, and members. The charter of the faction shall be attached to the application. The temporary mandate commission of the Parliament shall immediately consider an issue of the registration of a faction, and shall make a decision. If the temporary mandate commission of the Parliament does not make any decision at the first sitting of the Parliament, the faction shall be considered as having been registered from the moment when the documents were submitted to the temporary mandate commission. A faction, whose registration has been rejected, shall have the right to raise an issue of the lawfulness of the decision of the temporary mandate commission of the Parliament at a plenary sitting of the Parliament.

4. To register a faction, except in the cases provided for by paragraph 3 of this article, the Chairperson of the Faction shall, within 1 week of its formation, submit to the Chairperson of the Parliament an application indicating the official name of the faction and the names of its chairperson, other officials, and members. The charter of the faction shall be attached to the application. The Chairperson of the Parliament shall immediately forward the documents submitted for the registration of a faction to the Procedural Issues and Rules Committee of the Parliament, which shall submit its opinion to the Bureau of the Parliament at its next sitting. Unless the Bureau of the Parliament makes another reasoned decision in accordance with paragraph 5 of this article at its next sitting, the faction shall be considered as having been registered from the moment the documents were submitted to the Chairperson of the Parliament. The decision of the Bureau of the Parliament shall be notified to the Parliament at the next plenary sitting, and shall be published on the website of the Parliament.

5. If a faction does not meet the requirements of Article 48(2) and Article 49(1-3) of the Rules of Procedure, its registration shall be rejected. A faction, whose registration has been rejected, shall have the right to raise an issue of the lawfulness of the decision of the Bureau of the Parliament at a plenary sitting of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 51 – Representation of a faction in parliamentary bodies

1. The representation of a faction in parliamentary bodies shall be determined in proportion to the number of MPs united in the faction, save for the exceptions established by the Constitution of Georgia and the Rules of Procedure.

2. A member nominated by a faction shall terminate his/her activities in a parliamentary body or in a parliamentary post from the moment that the faction is abolished, or he/she leaves or is excluded from the faction, or the Bureau of Parliament takes note of the application for his/her withdrawal by the faction from the said body in the manner prescribed by the Rules of Procedure. A faction shall have the right to nominate a new candidate.

3. In the case that a faction is formed, or is abolished, or members join or leave a faction, or they are excluded from a faction, if the changes to the faction affect the proportional representation of the factions, the Procedural Issues and Rules Committee of the Parliament shall determine the new quotas of proportional representation of factions.

4. Where the quotas of proportional representation are increased, individual issues of the representation of a faction in parliamentary bodies shall be decided by the respective faction.

5. Where the quotas of proportional representation are decreased, a faction shall be obliged to decide itself an issue of the withdrawal of its members from parliamentary bodies. Where a faction fails to fulfil this obligation within 1 week, an issue of the withdrawal of a member of the respective faction from a parliamentary body shall be decided by this parliamentary body.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 52 – Change in the composition of a faction

1. An MP may unite in one faction only.

2. An MP willing to become a member of a faction shall file a written application with the Chairperson of the faction.

3. A faction shall consider an application of an MP in accordance with the procedure established by the charter of the faction, and shall make an appropriate decision.

4. An MP shall have the right to leave a faction at any time without statement of reasons, for which he/she shall file a written application with the Chairperson of the Faction.

5. A faction shall have the right to exclude any of its members in the cases provided for by the charter of the faction.

6. The Chairperson of a Faction shall, within 3 days, inform in writing the Procedural Issues and Rules Committee of the Parliament and the Bureau of the Parliament of any members joining, leaving, or being excluded from the faction.

7. A member shall be considered to have joined a faction, to have left a faction or to have been excluded from a faction from the moment when the Bureau of the Parliament takes note of this fact. In the case provided for by paragraph 9 of this article, a member shall be considered to have left a faction upon the submission of an application for his/her leaving the faction, and to have been excluded from the faction, from the moment of his/her exclusion by the faction.

8. In the case that a member joins a faction, the Procedural Issues and Rules Committee of the Parliament shall verify the correctness of a change to the faction and shall respond appropriately where necessary.

9. If fewer than seven members remain in a faction after a member leaves the faction or he/she is excluded from the faction, or the powers of the member of the faction as an MP are terminated, the faction shall be considered to be abolished dissolved on the 7th day after the member of the faction leaves, or is excluded from, the faction, or the powers of the member of the faction as an MP are terminated. During this period, the faction shall retain the rights provided for by the Rules of Procedure. The Procedural Issues and Rules Committee of the Parliament shall notify the Parliament of the abolition of the faction at the next plenary sitting.

10. The election, removal, or resignation of the officials of a faction, and amendments to the founding documents of a faction, shall be notified to the Bureau of the Parliament and the Procedural Issues and Rules Committee of the Parliament within 3 days of the occurrence of the respective fact.

11. Information on changes referred to in paragraphs 6, 8 and 10 of this article shall be published on the website of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 53 – Free tribune for factions

A faction shall have the right to make a speech twice for 30 minutes during a regular session. A faction may raise this issue after the discussion on the issues are over, except a voting procedure. The Parliament shall be obliged to give the floor to the faction immediately.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 54 – Funding of factions

1. The expenses of a faction shall be funded from the budget of the Parliament. The space allocated in the Palace of the Parliament and the funds allocated for the operations of a faction shall be normally determined in proportion to the number of MPs united in the faction.

2. The payroll for the employees of the office of a faction shall be determined in proportion to the representation of the faction. The Bureau of the Parliament shall approve the decision of the Council of Treasurers of the Parliament on determining the payroll for the employees of the office of a faction upon recommendation by the Chairperson of the Parliament.

 

Article 55 – Inter-faction group

1. To overcome differences in views arising in the Parliament during the consideration of draft laws and other issues, and to specify and agree on certain provisions, an inter-faction group shall be set up by an order of the Chairperson of the Parliament on the basis of consultations with factions.

2. An inter-faction group shall be authorised to apply to the Chairperson of the Parliament and the Bureau of the Parliament with its opinions and proposals concerning a draft law or another issue.

 

Article 56 – Parliamentary majority and parliamentary opposition

1. A list of members of the parliamentary majority confirmed by the signatures of at least 76 MPs shall be submitted to the Bureau of the Parliament not later than on the 35th day after the first meeting of a newly elected Parliament, and the Bureau of the Parliament shall register it. Including only a portion of members of any faction in the list of members of the parliamentary majority shall be inadmissible.

2. A list of members of the parliamentary majority shall indicate the leader of the parliamentary majority. The leader of the parliamentary majority is not a parliamentary post, and the status of leader of the parliamentary majority may be combined with a parliamentary post. The leader of the parliamentary majority shall ensure the overall political coordination of the work of the factions and non-faction MPs in the parliamentary majority.

3. A faction, or a non-faction MP, shall have the right to withdraw from the parliamentary majority at any time. He/she/it shall notify the Procedural Issues and Rules Committee of the Parliament of his/her/its withdrawal. If an MP in the parliamentary majority unites in a faction in the parliamentary opposition, he/she shall be considered to have withdrawn from the majority. The Bureau of the Parliament shall register the relevant change upon recommendation by the Procedural Issues and Rules Committee of the Parliament. The Bureau of Parliament shall not register the relevant change if the number of MPs in the parliamentary majority becomes fewer than 76. In such case, the parliamentary majority shall be considered to have been dissolved. After the dissolution of the parliamentary majority, a new list of members of the majority shall be submitted to the Bureau of Parliament in accordance with the procedure established by this article, and the Bureau of the Parliament shall register it.

4. Members of the parliamentary majority shall have the right to submit an updated list of members of the parliamentary majority to the Bureau of Parliament at any time. The list shall be updated in accordance with the procedure established by paragraphs 1 and 2 of this article.

5. An MP who is not in the parliamentary majority belongs to the parliamentary opposition. The Bureau of the Parliament shall, at its next sitting, register a list of members of the parliamentary opposition upon recommendation by the Procedural Issues and Rules Committee of the Parliament, after the registration of the list of members of the parliamentary majority or changes to the list of members of the parliamentary majority.

6. An MP nominated under the quota of the parliamentary majority or the parliamentary opposition shall terminate his/her activities in a parliamentary body or in a parliamentary post if he/she no longer belongs to the parliamentary majority or the parliamentary opposition, respectively.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 57 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 58 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 59 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 60 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter VII – Temporary Investigative and Other Temporary Commissions

 

Article 61 – Basis for the activities of a temporary investigative commission

1. In accordance with Article 42 of the Constitution of Georgia, if there is a basis provided for by this article, a temporary investigative commission shall be created in the Parliament to inquire into facts of violation of the legislation of Georgia by state bodies and officials and to respond accordingly. A temporary investigative commission is a temporary subject of the activities of the Parliament.

2. The basis for creating a temporary investigative commission shall be:

a) information on the illegal acts or corruption offences of state bodies and officials that threaten state security, sovereignty, territorial integrity, or the political, economic or other interests of Georgia;

b) information on the illegal spending of the State Budget and municipal budgets.

3. A temporary investigative commission shall be created only to examine a particular issue and shall be abolished in the manner prescribed by the Rules of Procedure once the issue has been examined.

4. A temporary investigative commission shall be accountable to the Parliament.

5. A temporary investigative commission shall draw up its statute, which shall be approved by the Bureau of the Parliament.

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 62 – Creating a temporary investigative commission

1. The right to initiate a draft decree of the Parliament on the creation of a temporary investigative commission shall be vested in the Chairperson of the Parliament, a committee, a faction, or at least one fifth of the composition of the Parliament. A draft decree shall contain an appropriate substantiation of the need to create a temporary investigative commission. A draft decree of the Parliament shall be submitted to the Bureau of the Parliament for putting on the agenda of the next plenary sitting. The Parliament shall make a decision on creating a temporary investigative commission with the support of one third of the total number of the Members of the Parliament. When making a decision, the votes of those opposed shall not be taken into account. A decree of the Parliament shall indicate the basis for creating a temporary investigative commission, the range of issues to be inquired into, and the term of the commission.

2. Within 3 days of the adoption of a decree provided for by paragraph 1 of this article, the number of members of the temporary investigative commission and the quotas of proportional representation shall be determined by the Procedural Issues and Rules Committee of the Parliament and approved by the Bureau of Parliament at the next sitting.

3. The composition of a temporary investigative commission shall be determined in proportion to the number of MPs united in factions and of non-faction MPs. However, factions shall be represented in a temporary investigative commission by at least one member, and the representation of the opposition in a temporary investigative commission shall not be more than half of the total number of the members of the commission.

4. Factions and non-faction MPs shall, in compliance with the quotas determined in accordance with paragraph 2 of this article, within 3 days after the Bureau of the Parliament makes a decision on the approval of quotas, by their decisions, nominate members of a temporary investigative commission and shall notify the Bureau of Parliament thereof.

5. Not later than 3 days from the moment that the Bureau of the Parliament takes note of the information on the nomination of the members of a temporary investigative commission, the first organisational meeting of the temporary investigative commission shall be held.

6. A temporary investigative commission shall elect a chairperson of the commission and a secretary of the commission, and shall draw up a statute of the commission, at the first organisational meeting.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 63 – Officials of a temporary investigative commission

1. The officials of a temporary investigative commission shall be: the chairperson of the temporary investigative commission and the secretary of the temporary investigative commission.

2. The officials of a temporary investigative commission shall exercise the powers within their competence in a fair and impartial manner.

3. A chairperson of a temporary investigative commission shall:

a) represent the commission in the Parliament and outside thereof;

b) convene and preside over the sittings of the commission;

c) coordinate the activities of the members of the commission;

d) sign acts of the commission and minutes of its sittings;

e) exercise other powers granted to him/her under the legislation of Georgia.

4. A secretary of a temporary investigative commission shall:

a) organise the holding of sittings of the commission;

b) supervise office work in the commission, and sign the minutes of the sittings of the commission;

c) if the chairperson of the commission cannot exercise his/her powers, temporarily fulfil the duties of the chairperson of the commission;

d) perform individual tasks received from the chairperson of the commission;

e) exercise other powers granted to him/her under the statute of the commission.

 

Article 64 – Election and termination of the powers of a chairperson of a temporary investigative commission and a secretary of a temporary investigative commission

1. A chairperson of a temporary investigative commission and a secretary of a temporary investigative commission shall be elected by the commission from among the members of the commission, by a majority of the enlisted members of the commission.

2. More than one third of the members of the commission shall have the right to nominate candidates provided for by paragraph 1 of this article.

3. If the chairperson of a temporary investigative commission is a member of the majority, the secretary of a temporary investigative commission shall not be a member of the majority, and if the chairperson of a temporary investigative commission is not a member of the majority, the secretary of a temporary investigative commission shall be a member of the majority.

4. If one candidate participated in the election of persons provided for by paragraph 1 of this article and he/she was not elected, a new election procedure shall start. If two candidates participated in the election and neither of them received the necessary number of votes, the second round shall be held between the two candidates, and the candidate having received more votes shall be deemed elected in the second round. If the votes are divided equally, a new election procedure shall start.

5. If a chairperson of a temporary investigative commission could not be elected in accordance with the procedure established by this article, he/she shall be elected by casting lots.

6. On the initiative of more than one third of the enlisted members of the commission, a temporary investigative commission shall have the right to remove at any time the chairperson of the commission or the secretary of the commission by a majority of the enlisted members.

7. A temporary investigative commission shall take note of an application for the resignation of persons provided for by paragraph 1 of this article.

8. A temporary investigative commission shall notify the Bureau of the Parliament of decisions and information provided for by this article.

 

Article 65 – Termination of the powers of a member of a temporary investigative commission

1. A member of a temporary investigative commission shall have the right to leave the commission on the basis of his/her personal application.

2. A temporary investigative commission may exclude any of its members from the commission if the member did not participate in the work of the commission for 2 consecutive weeks without good reason, did not attend its sittings, or exceeded his/her powers. A temporary investigative commission shall make this decision by at least two thirds of the members of the commission present at its sitting, and shall notify the Parliament thereof.

3. Other grounds for terminating the powers of a member of a temporary investigative commission shall be determined by Article 51(2) and (5) of the Rules of Procedure.

4. In the case that the powers of a member of a temporary investigative commission are terminated, the faction shall have the right to nominate a new member.

 

Article 66 – Term of a temporary investigative commission

1. A temporary investigative commission may be created for a period of not more than 3 months. The term of a temporary investigative commission may be extended by not more than 1 month each time in accordance with the procedure established by paragraph 2 of this article. The total term of a temporary investigative commission shall not exceed 6 months.

2. If a temporary investigative commission does not submit a draft decision on the issue under consideration within the determined time limit, the Parliament shall hear at the next plenary sitting a report on the activities performed by the commission, and on the basis thereof, shall make one of the following decisions with the support of one third of the total number of the Members of the Parliament:

a) to extend the term of the commission;

b) to terminate of the powers of the commission.

3. If less than 3 months remain before the expiry of the term of the Parliament of respective convocation, a temporary investigative commission shall not be created. The powers of all temporary investigative commissions shall be terminated 3 months before the expiry of the term of the Parliament. A temporary investigative commission shall be obliged to submit a report on the activities performed before this date. If a temporary investigative commission does not prepare an opinion on the issue under consideration before this date, materials obtained by the commission and a respective report shall be submitted to the Parliament of new convocation, which shall, in the manner prescribed by Article 62(1) of the Rules of Procedure, decide to further examine and consider the issue.

4. After a temporary investigative commission completes its activities, the materials related to these activities shall be transferred to the Office of the Parliament in the manner prescribed by law.

 

Article 67 – Powers of a temporary investigative commission

1. Attendance at the sittings of a temporary investigative commission at its request shall be mandatory.

2. A temporary investigative commission shall have the right to summon and take written explanations from any person on account of any circumstances related to an issue under examination, except in cases provided for by law and the Rules of Procedure.

3. To fulfil specific tasks, a temporary investigative commission shall be authorised, in agreement with the head of a respective state body, to summon employees of the Prosecutor’s Office of Georgia, the Ministry of Internal Affairs of Georgia, the State Security Service, other bodies, institutions and agencies, who if necessary, for the period needed to fulfil the specific tasks of the commission, shall be released from their official duties, with their salaries retained in respective state bodies and business trip expenses reimbursed.

4. If requested by a temporary investigative commission, state bodies, officials, and natural and legal persons shall, within the time limit determined by the commission and in accordance with the established procedure, submit the conclusions required for the examination of the issue and other necessary materials. A temporary investigative commission shall have the right to raise an issue before a relevant state control body to obtain information on the issue under consideration.

5. A temporary investigative commission shall be authorised to apply with a written request to the General Prosecutor of Georgia and, in accordance with the procedure established by the Criminal Procedure Code of Georgia, to familiarise itself on-site with the criminal case and receive the copies of relevant case materials, as well as to familiarise itself with available materials on the reasons why an investigation was not initiated, if the commission believes that the data necessary to inquire into the issue under consideration may be found in that case or case materials.

6. On the basis of a written request of a temporary investigative commission and upon instruction by the General Prosecutor of Georgia, an investigator shall ensure that the members of the commission have the opportunity to familiarise themselves with the criminal case and materials on-site and to obtain the copies thereof.

7. The process of taking explanations from a minor shall be attended by his/her legal representative. A person who has not attained the age of 14 shall be made aware of the need to give a correct explanation, but he/she shall not be warned about criminal liability for refusing to give or avoiding giving an explanation, or intentionally giving a false explanation.

8. If the person does not speak the state language of Georgia, an interpreter shall be assigned. If an explanation is taken from a person with hearing and speech disabilities, a person who knows his/her language shall be assigned. If an interpreter or a person who knows the language of a person with hearing and/or speech disabilities intentionally translates incorrectly, he/she shall be held liable in accordance with Article 370 of the Criminal Code of Georgia.

9. Explanations shall be taken from the invited person at a sitting of a temporary investigative commission. In exceptional cases, a temporary investigative commission may assign not fewer than three members of the commission, at least one of whom shall not be a representative of the majority, to take explanations. Before taking an explanation, the person shall be warned of the criminal liability for refusing to give or avoiding giving an explanation, or intentionally giving a false explanation, which shall be specified in the text of the explanation and confirmed by the signature of the invited person.

10. The procedure for granting a temporary investigative commission access to state secrets shall be determined by the legislation of Georgia.

11. A temporary investigative commission shall be authorised to apply to the Parliament with a proposal to collect the signatures of the MPs to raise an issue of the removal, through impeachment, of officials provided for by the Constitution of Georgia.

12. A temporary investigative commission shall have the right to create a working group with the participation of members of the commission and invited experts to prepare a specific issue.

 

Article 68 – Sittings of a temporary investigative commission

1. A temporary investigative commission shall determine the venue and the frequency of holding commission sittings, but no fewer than two sittings shall be held per month.

2. A sitting of a temporary investigative commission shall be duly constituted if it is attended by a majority of the members of the commission. A temporary investigative commission shall make a decision by a majority of the enlisted members of the commission, unless otherwise provided for by the Rules of Procedure. If the votes are divided equally, a new vote shall be held. If a decision is not made again, the issue shall be considered to have been rejected.

3. The members of a temporary investigative commission shall be notified in advance of the date and agenda of the sitting of the commission. This information shall be published on the website of the Parliament once the date of the sitting has been set.

4. Other MPs and invited persons may attend the public sittings of a temporary investigative commission with the right of a deliberative vote. Public sittings shall be broadcast live.

5. The Public Defender of Georgia shall be heard by a temporary investigative commission upon request. For this purpose, the Public Defender of Georgia shall, not later than 3 days before applying to the temporary investigative commission, submit to the chairperson of the commission in writing issues regarding which he/she wants to apply to the commission. The chairperson of the commission shall ensure that the written application presented by the Public Defender of Georgia is immediately forwarded to the members of the commission.

6. A temporary investigative commission may, upon the proposal of a member of the commission, make a decision to hold a closed sitting. A decision to close the sitting of a temporary investigative commission shall be made behind closed doors. The chairperson of a temporary investigative commission shall determine the scope of persons who may attend the closed sitting of the commission.

7. Sittings of a temporary investigative commission shall not be held during the plenary sittings of the regular session of the Parliament.

 

Article 69 – Minutes of a sitting of a temporary investigative commission and confidentiality of parliamentary investigation

1. The work of a temporary investigative commission shall be fully and accurately reflected in the minutes of the sitting of the commission, and the secretary of a commission shall be responsible for the preparation of the minutes.

2. A member of a temporary investigative commission shall have the right to view the minutes of the sitting of the commission and express comments.

3. If a temporary investigative commission uses in its work documents containing information with state secrets, it shall follow the procedures established by law for the storage and use of such documents.

4. The publication, in full or in part, of information (materials) received by the temporary investigative commission, and of the minutes of the sittings of the commission, if they contain criminal case materials, shall be allowed with the consent of the General Prosecutor of Georgia, and the procedure for publishing materials containing state secrets or the minutes of sittings shall be determined by the legislation of Georgia.

5. The members of a temporary investigative commission, and other persons participating in the work of the commission, shall be obliged to maintain the confidentiality of parliamentary investigation.

 

Article 70 – Acts of a temporary investigative commission and the procedure for their consideration

1. If a violation of the legislation of Georgia is identified after hearing, controlling and checking information on the issue under consideration, a temporary investigative commission shall have the right to raise the issue before the relevant body or official responsible for preventing a violation of the legislation of Georgia, and, depending on the nature of the violation of the legislation of Georgia, shall have the right to raise the issue of initiating an investigation, bringing administrative or disciplinary proceedings, reclaiming state property from illegal possession, or deciding on compensation for damage caused to the State.

2. In relation to an issue under consideration, a temporary investigative commission shall draw up the following acts: an opinion, a recommendation, or a decision. Opinions and recommendations shall be adopted only at the final stage of the consideration of an issue, and decisions shall be adopted in relation to issues provided for by Article 67 of these Rules of Procedure.

3. A temporary investigative commission shall consider acts on an issue under consideration publicly, with mandatory live broadcast, except for issues contained in acts the publicity of which is limited by the legislation of Georgia.

4. An opinion/recommendation adopted by a temporary investigative commission shall be submitted to the Bureau of the Parliament to put it on the agenda of the plenary sitting of the Parliament. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. A temporary investigative commission shall have the right to send its acts for response to relevant bodies, institutions or agencies.

5. If the acts of a temporary investigative commission are sent to relevant bodies, institutions or agencies, the commission shall be notified of the results of the discussion of the issue, and of subsequent measures, not later than 1 month or within the time limit determined by it.

6. The position of a temporary investigative commission shall be presented at the plenary sitting of the Parliament by the chairperson or the speaker of the commission, who shall be elected by the commission from among its members.

7. The plenary sitting of the Parliament, at which an act drawn up by the temporary investigative commission is considered, may be public or closed. By a decision of the Parliament, a closed plenary sitting may be held to consider an act drawn up by the temporary investigative commission. A decision to close the sitting shall be made behind closed doors. At the beginning of a closed plenary sitting, the chairperson of the sitting shall warn the MPs and the persons with the right to attend closed sittings in the manner prescribed by the Rules of Procedure about the liability established by law for disclosing data on the temporary investigative commission, investigation data, or data containing classified information.

8. The consideration of an act of a temporary investigative commission at the plenary sitting of the Parliament shall begin with a speech of the chairperson of the commission or a speaker elected by the commission from among its members, the duration of which shall not exceed 30 minutes (where required, the duration of the speech may be extended by not more than 30 minutes by a decision of the chairperson of the sitting).

9. After the speaker finishes his/her speech, MPs shall have the right to ask questions regarding the issue under consideration. The questions and answers and the speeches of the MPs shall take place in accordance with the procedure established by the Rules of Procedure for the first reading of a draft law.

10. If requested by a commission or a faction, the Parliament shall adopt a decree regarding an act drawn up by the temporary investigative commission.

11. A temporary investigative commission shall, together with its opinion, submit to the Parliament materials available to it. If criminal case materials are attached to the opinion, the consent of the General Prosecutor of Georgia shall be required to hold a public plenary sitting of the Parliament. The procedure for presenting data containing classified information at a public plenary sitting shall be determined by law.

 

Article 71 – Funding of a temporary investigative commission

The expenses incurred by a temporary investigative commission during the period of its activities shall be reimbursed from the budget of the Parliament. The Bureau of the Parliament shall approve the decision of the Council of Treasurers of the Parliament on the amount of expenses of the temporary investigative commission upon recommendation by the Chairperson of the Parliament.

 

Article 72 – Basis for the activities of other temporary commissions

1. Other temporary commissions (‘temporary commission’) are temporary subjects of the Parliament, which are created to carry out non-permanent tasks of state and/or public importance, the fulfilment of which requires collegial consideration and resolution of the issue.

2. In addition to a temporary commission under paragraph 1 of this article, a temporary commission on the restoration of territorial integrity and de-occupation shall be created in the Parliament. The Chairperson of the Parliament shall elect one of his/her deputies as chairperson of such commission upon nomination by a faction.

3. The activities of a temporary commission shall be subject to the procedures established by the Rules of Procedure for temporary investigative commissions, except for Article 61(1) and (2), Article 67(3) and (7-11) and Article 70(11) of the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 73 – Creating a temporary commission

1. The right to initiate the issue of creating a temporary commission shall be vested in the Chairperson of the Parliament, a committee, a faction, or at least one fifth of the Members of the Parliament.

2. The Parliament shall make a decision on creating a temporary commission in accordance with the procedure established by the Rules of Procedure for creating temporary investigative commissions, by a majority of the votes of those present at a plenary sitting, but with no less than one fourth of the total number of the Members of the Parliament.

 

Article 74 – Term of a temporary commission

1. If less than 6 months remain before the expiry of the term of the Parliament of respective convocation, a temporary commission shall not be created.

2. The duration of a temporary commission on the restoration of territorial integrity and de-occupation shall be determined by a decree of the Parliament and it shall not be subject to a restriction established by the Rules of Procedure for the terms of temporary commissions.

3. A temporary commission established on the issue provided for by Article 72(2) of these Rules of Procedure shall submit to the Parliament a report on the activities performed at least once every 3 months, as well as after the expiry of the term of the temporary commission and the extension of the term of the temporary commission. If a temporary commission does not submit the report to the Parliament, or the Parliament finds the submitted report unsatisfactory, the Parliament shall decide, by a decree, to replace the chairperson and the members of the temporary commission.

 

Chapter VIII – Consultative Bodies of the Parliament

 

Article 75 – Permanent consultative councils of the Parliament

1. Permanent consultative councils shall be created in the Parliament to facilitate the development and coordination of the continuous, systemic and sustainable policies of the Parliament in certain areas.

2. The permanent consultative councils of the Parliament are:

a) the Permanent Parliamentary Gender Equality Council;

b) the Parliamentary Standing Council of Open Government;

c) the Rights of the Child Standing Parliamentary Council.

Rules of Procedure of the Parliament of Georgia No 5023 of 20 September 2019 – website, 23.9.2019

 

Article 76 – Permanent Parliamentary Gender Equality Council

1. The Parliament shall, in accordance with the Constitution of Georgia, international treaties and other legislative and subordinate normative acts, determine the main directions of state policy on gender, ensure the creation and development of a legislative framework for gender equality, review and approve relevant strategy, and control the activities of bodies accountable to the Parliament on gender equality issues.

2. The Permanent Parliamentary Gender Equality Council has been created in the Parliament to ensure systematic and coordinated work on gender issues.

3. The Chairperson of the Parliament shall approve the number of members and the composition of the Council. The composition of the Permanent Parliamentary Gender Equality Council shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

4. The Permanent Parliamentary Gender Equality Council shall draft and submit its statute to the Chairperson of the Parliament. The Chairperson of the Parliament shall approve the statute of the Permanent Parliamentary Gender Equality Council. The following powers shall be provided for by the statute of the Permanent Parliamentary Gender Equality Council:

a) analyse the legislation of Georgia and develop proposals to eliminate existing gender inequality in the legislation;

b) ensure the expert examination, in terms of assessing gender equality, of draft legislative acts submitted under legislative initiatives;

c) develop and plan individual measures to achieve gender equality and ensure equal rights for women and men;

d) develop and introduce a system for monitoring and evaluating measures taken to ensure gender equality, and produce appropriate recommendations;

e) request and receive any information and documents related to the study of a gender equality issue, except for documents the confidentiality of which is protected in accordance with the legislation of Georgia;

f) consider applications, documents and other information on violations of gender equality and respond to them within its competence, and produce appropriate recommendations;

g) invite representatives of international or local organisations and/or experts working in the relevant field to consider issues related to gender equality;

h) exercise other powers granted to it by the legislation of Georgia.

5. The Permanent Parliamentary Gender Equality Council shall, once a year, submit to the Parliament a report on the situation of gender equality in Georgia, and shall prepare reports on the status of the fulfilment of international commitments in respect of gender equality issues. The Permanent Parliamentary Gender Equality Council shall be authorised, on the basis of the relevant decision of the Chairperson of the Parliament, to represent the Parliament in international relations in connection with gender equality issues.

6. The Permanent Parliamentary Gender Equality Council shall be chaired by the Chairperson of the Parliament, or by his/her assignment, one of the members of the Council.

 

Article 77 – Parliamentary Standing Council of Open Government

1. The goal of the Parliamentary Standing Council of Open Government shall be to ensure the openness, transparency and accountability of the Parliament based on the principles of open government and the systematic and coordinated work of the Parliament in this direction.

2. The statute and composition of the Parliamentary Standing Council of Open Government shall be approved by an order of the Chairperson of the Parliament. The Parliamentary Standing Council of Open Government shall draft its statute and submit it to the Chairperson of the Parliament for approval.

3. The statute of the Parliamentary Standing Council of Open Government shall determine the powers, the procedure of the activities, the organisational issues of the work of the Council, issues related to the cooperation of the Council with representatives of civil society, issues related to the organisation of annual meetings of the Parliament with public organisations, as well as the procedure for supervising the implementation of an action plan developed by the executive authorities of Georgia within the framework of open governance.

4. The number of members and the composition of the Parliamentary Standing Council of Open Government shall be approved by the Chairperson of the Parliament. The composition of the Parliamentary Standing Council of Open Government shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

5. The Parliamentary Standing Council of Open Government shall be chaired by the Chairperson of the Parliament, or by his/her assignment, one of the members of the Council.

 

Article 771 – Rights of the Child Standing Parliamentary Council

1. The Rights of the Child Standing Parliamentary Council has been created in the Parliament to ensure systematic and coordinated work on issues of the protection of the rights of the child, to develop appropriate legislation, and to supervise the execution of decisions on issues related to the rights of the child.

2. The number of members and the composition of the Rights of the Child Standing Parliamentary Council shall be approved by the Chairperson of the Parliament. The composition of the Rights of the Child Standing Parliamentary Council shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

3. The Rights of the Child Standing Parliamentary Council shall draft and submit its statute to the Chairperson of the Parliament. The Chairperson of the Parliament shall approve the statute of the Rights of the Child Standing Parliamentary Council. The following powers shall be provided for by the statute of the Rights of the Child Standing Parliamentary Council:

a) analyse the legislation of Georgia and develop proposals to ensure the elimination of gaps in the legislation regulating the protection of the rights of the child;

b) ensure the expert examination, in terms of assessing an impact on the legal status of children, of draft legislative acts submitted under legislative initiatives;

c) develop and plan individual measures to realise the rights of the child;

d) develop and introduce a system for monitoring and evaluating measures taken to ensure the protection of the rights of the child, and produce appropriate recommendations;

e) request and receive any information and documents related to the study of an issue of the protection of the rights of the child, except for documents the confidentiality of which is protected in accordance with the legislation of Georgia;

f) consider applications, documents and other information on violations of the rights of the child and respond to them within its competence, and produce appropriate recommendations;

g) invite representatives of international or local organisations and/or experts working in the relevant field to consider issues related to the rights of the child;

h) exercise other powers granted to it by the legislation of Georgia.

4. The Rights of the Child Standing Parliamentary Council shall, by March 1 of each year, submit to the Parliament a report on the situation of the protection of the rights of the child in Georgia for the previous year, and shall prepare reports on the status of the fulfilment of international commitments in respect of issues of the protection of the rights of the child. The Rights of the Child Standing Parliamentary Council shall be authorised, on the basis of the relevant decision of the Chairperson of the Parliament, to represent the Parliament in international relations in connection with issues of the protection of the rights of the child.

5. The Rights of the Child Standing Parliamentary Council shall be chaired by the Chairperson of the Parliament or, by his/her assignment, one of the members of the Council.

Rules of Procedure of the Parliament of Georgia No 5023 of 20 September 2019 – website, 23.9.2019

 

Article 78 – Council of Treasurers

1. The Chairperson of the Parliament shall, within his/her competence, control the financial activities in the Parliament through the Budget and Finance Committee of the Parliament, as well as the Council of Treasurers intended to govern the targeted spending of the budget of the Parliament.

2. The Council of Treasurers is a consultative body of the Parliament. The Chairperson of the Parliament shall approve the number of members and the composition of the Council of Treasurers. The composition of the Council of Treasurers shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

3. The powers and the procedure for the activities of the Council of Treasurers shall be determined by the statute of the Council of Treasurers, which shall be approved by the Chairperson of the Parliament.

 

Article 79 – Joint coordination council

1. To coordinate the legislative processes of the Parliament and of the Supreme Councils of the Autonomous Republics of Abkhazia and Ajara, a joint coordination council composed of the representatives of the Parliament and of the Supreme Councils of the Autonomous Republics of Abkhazia and Ajara shall be created by an order of the Chairperson of the Parliament.

2. A joint coordination council shall consist of six members, three of them being appointed by the Chairperson of the Parliament and three by the Chairperson of the Supreme Councils of the Autonomous Republics of Abkhazia and Ajara.

3. The sittings of a joint coordination council shall, without a right to vote, be presided over by the Chairperson of the Parliament, or by his/her assignment, one of his/her deputies.

4. The sittings of a joint coordination council shall be held at least once every 3 months.

 

Article 80 – State commission

1. The Parliament shall be authorised to create a state commission, a consultative body composed of the representatives of various authorities and other persons with relevant competencies, to determine certain main directions of the country’s domestic and foreign policy.

2. A person may be appointed as a member of a state commission only with his/her consent.

3. A state commission shall be created by a decree of the Parliament. The same decree shall determine the composition of a state commission and approve the statute of the state commission, which determines its powers, duration and the procedure for its activities.

4. A state commission shall have the right to receive information and other documents necessary for its work from state institutions.

5. The Office of the Parliament shall provide organisational and technical support to a state commission. The expenses of state commissions shall be covered from the budget of the Parliament.

 

Article 81 – Restrictions on holding sittings of consultative bodies

Sittings of consultative bodies shall not be held during the plenary sittings of a regular session of the Parliament.

 

Chapter IX – Sessions and Sittings of the Parliament

 

Article 82 – Regular and extraordinary sessions of the Parliament

1. The Parliament shall meet for a regular or an extraordinary session.

2. The Parliament shall meet for a regular session twice a year, for spring and autumn sessions, in accordance with the Constitution of Georgia and in the manner prescribed by these Rules of Procedure. The autumn session shall open on the first Tuesday of September and close on the third Friday of December. The spring session shall open on the first Tuesday of February and close on the last Friday of June.

3. The national anthem of Georgia shall be performed at the opening and closing of a session.

4. A regular session of the Parliament shall be declared opened and closed at a sitting of the Bureau of the Parliament or at a plenary sitting of the Parliament, respectively.

5. The Parliament shall meet for an extraordinary session only during the period between regular sessions, and for a special sitting/sittings, in the course of a regular session.

6. A regular session of the Parliament shall not need to be officially convened. Extraordinary sessions and special sittings of the Parliament shall be convened in the cases provided for and in accordance with procedures established by the Constitution of Georgia and the Rules of Procedure.

7. The President of Georgia shall convene an extraordinary session during the period between sessions, and a special sitting, in the course of a regular session, at the request of the Chairperson of the Parliament, at least one fourth of the Members of the Parliament, or the Government of Georgia.

8. The Chairperson of the Parliament or at least one fourth of the Members of the Parliament shall submit to the President of Georgia a written request to convene an extraordinary session or a special sitting of the Parliament. A written request for a special sitting shall be accompanied by a list of issues to be considered at the special sitting, and a written request for an extraordinary session shall be accompanied by a list of proposed issues to be considered at the extraordinary session.

9. An act on convening an extraordinary session or a special sitting shall be issued within 48 hours of the submission of a written request. Otherwise, the Parliament shall meet by a decision of the Chairperson of Parliament within the next 48 hours.

10. The Government of Georgia shall submit a request to convene an extraordinary session or a special sitting to the President of Georgia.

11. The President of Georgia shall convene an extraordinary session or a special sitting within the time specified in the request, of which the MPs shall be notified in person.

12. When an extraordinary session is convened, its agenda shall be defined in accordance with the procedure established by Article 89 of these Rules of Procedure. A special sitting shall be held only based on a pre-defined agenda and shall close once the agenda has been exhausted.

13. Extraordinary sessions of the Parliament shall be planned according to the plan developed by the Bureau of the Parliament, and special sittings shall be subject to the requirements of Article 88(2-4) of these Rules of Procedure.

14. An extraordinary session or a special sitting of the Parliament shall end not later than 1 day before the beginning of a regular session. The Parliament may add an issue/issues to the agenda of a regular session, the discussion of which was not completed at an extraordinary session.

 

Article 83 – Emergency sessions

1. The Parliament shall meet for an emergency session immediately after the President of Georgia declares a state of emergency or martial law. If the said period coincides with a regular or an extraordinary session of the Parliament, the Parliament shall continue to work in emergency session mode. An emergency session shall continue until the state of emergency has been revoked, according to the plan developed by the Bureau of the Parliament.

2. The Parliament shall discuss immediately and vote, without preliminary committee hearings and other relevant procedures, on issues of the declaration of a state of emergency or martial law, the conclusion of a peace treaty, the approval of the decrees of the President of Georgia, the use of the Defence Forces, and the entry into the country, the use and movement of the military forces of a foreign state in the cases provided for by the Constitution of Georgia.

3. The decisions of the President of Georgia declaring a state of emergency or martial law shall be discussed in accordance with the procedures established by Article 71 of the Constitution of Georgia and these Rules of Procedure at an emergency sitting of the Parliament, subject to the following exceptions:

a) the President of Georgia, or a person specially authorised by him/her, is the principal speaker;

b) the Prime Minister of Georgia or a person specially authorised by the Government of Georgia, or the representatives of committees and factions are co-speakers allocated 10 minutes each;

c) a debate is not held;

d) only the President of Georgia or a person specially authorised by him/her and the Prime Minister of Georgia or a person specially authorised by the Government of Georgia are making a closing speech.

4. In the case of consent, the Chairperson of the Parliament shall immediately sign and publish a decree of the Parliament on giving consent to the declaration of a state of emergency or martial law and/or the conclusion of a peace treaty.

5. If the Parliament does not approve the decision of the President of Georgia to declare a state of emergency or martial law or to conclude a peace treaty, such a decision shall cease to have legal effect upon voting.

 

Article 84 – Plenary sitting hall of the Parliament

1. The Chairperson of a sitting shall sit in the centre of the sitting presidium in the plenary sitting hall of the Parliament (‘the sitting hall’).

2. A special place shall be allocated for the President of Georgia in the sitting hall.

3. The entry of the President of Georgia into the sitting hall bears special importance and shall be announced by a Chief Mandaturi.

4. A tribune for speakers shall be placed in front of the sitting presidium.

5. An MP shall sit in the place specially designated for him/her in the sitting hall. A respective place shall also be allocated for each faction.

6. Special seats shall be allocated in the sitting hall for the members of the Government of Georgia, heads of other state bodies of the executive authority of Georgia and their deputies, representatives of the diplomatic corps accredited in Georgia invited to the plenary sitting, official and honourable guests of the Parliament, responsible persons from the Office of the Parliament, representatives of mass media, and citizens who wish to attend the sitting in a prescribed manner.

7. The clothing of persons in the sitting hall shall be formal and business or national.

8. Representatives of the public may be invited to the sitting hall for a specified period, with the consent of the chairperson of the sitting, to get acquainted with the work of the Parliament during the plenary sitting.

 

Article 85 – First meeting of a newly elected Parliament

1. A newly elected Parliament shall be authorised to start work at its first sitting if the majority of the total number of the Members of the newly elected Parliament is present (registered). The Office of the Parliament shall register MPs on the basis of temporary certificates issued by the CEC. MPs shall confirm their presence at a sitting by signing a registration sheet.

2. The President of Georgia shall open the first sitting of a newly elected Parliament. The Chairperson of the CEC shall attend the sitting.

3. The President of Georgia shall give the floor to the eldest MP, who shall chair the first sitting of the newly elected Parliament until the Chairperson of the Parliament is elected.

4. Representatives of the State and the public may be invited to the first sitting of a newly elected Parliament.

 

Article 86 – Temporary vote-counting commission and temporary mandate commission of the Parliament. Oath of an MP

1. The following commissions shall be elected at the first sitting of a newly elected Parliament, after preliminary consultations with political forces elected to the Parliament, upon nomination by the Chairperson of the CEC, in accordance with the principle of proportionality, from among the MPs and by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament:

a) a temporary vote-counting commission of the Parliament composed of 11 members which shall elect a chairperson and a secretary from among its members by a majority of votes. A temporary vote-counting commission shall manage the preparation and distribution of ballots and the voting process, and shall oversee and count votes during voting by open or secret ballot. A temporary vote-counting commission shall cease its activities once the agenda approved at the first sitting of the Parliament has been exhausted;

b) a temporary mandate commission of the Parliament composed of 17 members, which shall elect a chairperson and a secretary from among its members by a majority of votes.

2. The powers of a temporary mandate commission shall be terminated immediately after the staffing of the Procedural Issues and Rules Committee.

3. At the first sitting of a newly elected Parliament, the Chairperson of the CEC shall inform the Parliament of the results of the elections and shall hand over necessary documents (election protocols, materials on the results of elections, materials on the validity of their conduct, complaints received, applications on identified facts of violation of electoral legislation, and activities incompatible with the status of MP) to the temporary mandate commission for the recognition of the powers of the MPs.

4. A temporary mandate commission shall study the documents referred to in paragraph 3 of this article and shall report the results to the Parliament, and the Parliament shall, by a decree, recognise the powers of the MPs according to a unified list presented by the temporary mandate commission.

5. The decree of the Parliament recognising the powers of MPs shall not include the name of a person, the legality of whose election as an MP:

a) has been appealed to the Constitutional Court of Georgia or to a common court of Georgia;

b) has been challenged by the temporary mandate commission.

6. In cases provided for by:

a) paragraph 5(a) of this article, the Parliament shall discuss an issue of recognising the powers of a person elected as an MP at its next plenary sitting on the basis of an opinion of the temporary mandate commission, and after the staffing of the Procedural Issues and Rules Committee, on the basis of the latter’s opinion, unless the court establishes a circumstance provided for by law that prevents the election of the said person as an MP;

b) paragraph 5(b) of this article, the temporary mandate commission or the Procedural Issues and Rules Committee of the Parliament shall study an issue of recognising the powers of a person elected as an MP and shall prepare a relevant opinion. The Parliament shall consider the said opinion at the next plenary sitting and shall make an appropriate decision.

7. The Parliament shall acquire full powers from the moment that the powers of two thirds of the total number of the Members of the Parliament are recognised. The powers of the previous Parliament shall be terminated from this moment.

8. If the number of MPs whose powers have been recognised by the Parliament is less than two thirds of the total number of the Members of the Parliament, the plenary sitting of the Parliament shall be terminated. The next sitting of a newly elected Parliament shall be convened by the Chairperson of the CEC within 10 days after the day when it becomes possible to raise before the Parliament an issue of recognising the powers of as many persons elected as MPs as are necessary to make two thirds of the total number of the Members of the Parliament. An issue of recognising the powers of such persons shall be regulated in accordance with the procedure established by this article.

9. After the powers of at least two thirds of the total number of the Parliament have been recognised, the MPs shall take an oath of loyalty to the country. The Chairperson of the CEC shall read out the text of the oath: ‘I, as a representative of all Georgia, accountable to my country, declare before God and the nation that I shall honestly perform the rights and duties of a Member of the Parliament, and that I shall serve to preserve the constitutional order, independence, unity and integrity of my country, the interests of the people, the rights and freedoms of citizens and the might of Georgia’. After the text of the oath is read, the MPs shall say ‘I swear’ and shall sign the text of the oath, after which the national anthem of Georgia shall be performed.

10. An MP, the recognition of whose powers has been postponed or who was elected as an MP in the second round or as a replacement of a retired MP, shall sign the text of the oath upon the recognition of his/her powers.

11. Upon the first meeting of a newly elected Parliament, the MPs shall submit to the temporary mandate commission of the Parliament an appropriate application and documents on the formation of factions and the drawing up of a list of members of the parliamentary majority.

12. A temporary mandate commission shall inform the plenary sitting of the Parliament of the formation of factions, and of the registration of a list of members of the parliamentary majority and a list of members of the parliamentary opposition, unless the temporary mandate commission decides otherwise.

13. Immediately after the formation of factions, the temporary mandate commission of the Parliament shall prepare and submit to the factions the quotas of proportional representation of factions in the committees. The temporary mandate commission shall submit to the next plenary sitting of the Parliament for approval the quotas of proportional representation of factions in the committees. The Parliament shall decide on the quotas by a decree.

14. (Deleted – 1.7.2020, No 6700).

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 87 – Sequence of consideration of issues at the first sitting

1. A newly elected Parliament shall consider issues at its first sitting in the following order:

a) the election of the Chairperson, the First Deputy Chairperson, and Deputy Chairpersons of the Parliament;

b) the election of the chairpersons of committees in the manner prescribed by the Rules of Procedure.

2. Voting at the first sitting of a newly elected Parliament shall be held by means of the electronic system. If necessary, voting may be held by ballots.

3. The first sitting of a newly elected Parliament shall, by a decision of the Parliament, in the manner prescribed by the Rules of Procedure, continue until the issues provided for by paragraph 1 of this article have been exhausted.

 

Article 88 – Two-week cycle of a regular session

1. A regular session of the Parliament shall be planned in two-week cycles. The first week, except for the first week of the sittings of a newly elected Parliament, shall be dedicated to plenary sittings, and the second week shall be dedicated to the work of the committees and meetings with the electorate. The offices of factions shall organise meetings with the electorate.

2. Regular plenary sittings of the Parliament, except during a state of emergency and martial law, shall be normally held from 12.00 to 19.00 on Tuesdays, Wednesdays, Thursdays and Fridays of the week of plenary sittings. A break shall be announced from 15.00 to 16.00. A plenary sitting of the Parliament may be prolonged until 21.00 by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament. A plenary sitting may be prolonged during the presentation of the annual report of the President of Georgia, a speech of the Prime Minister of Georgia, political debates, interpellation, the Minister’s hour, a discussion of an issue of confidence in the Government of Georgia, a discussion of the reports of the State Audit Office, the Public Defender of Georgia, the General Prosecutor of Georgia, and the Head of the State Security Service of Georgia, until the issue is exhausted.

3. During the work cycle of a regular session, plenary sittings shall not normally be held on Mondays and on days off and holidays provided for by law. A decision to hold plenary sittings of the Parliament on Mondays and on days off and holidays provided for by law during the week of plenary sittings shall be made by the Bureau of the Parliament.

4. If necessary, the Parliament shall change the schedule of its work by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament.

5. In the year of parliamentary, presidential or municipal body elections, the plenary sittings of the Parliament shall not normally be held for a period of 1 month before the elections. During this period, if it coincides with the week of the plenary sittings of the regular session of the Parliament, if necessary, the plenary sittings shall be convened by the Chairperson of the Parliament on his/her own initiative or on the basis of a request of at least one fourth of the Members of the Parliament. In other cases, plenary sittings shall be convened and held in accordance with the procedure established by Article 82 of the Rules of Procedure for special sittings.

6. The regular sessions of the previous Parliament shall not be held after the election day of a new Parliament, whereas an emergency session, an extraordinary session or a special sitting shall be held only on issues provided for by Article 39(2), Article 44(3), Article 71 and Article 72(2-4) of the Constitution of Georgia. Decisions on said issues shall be made in the manner prescribed by the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 89 – Agenda of a plenary sitting

1. The Bureau of the Parliament shall prepare a draft agenda of the plenary sittings of the session week of the Parliament based on the list of draft laws and other issues to be discussed.

2. The Bureau of the Parliament shall be authorised to put an issue on the draft agenda of a plenary sitting of the Parliament if the conditions and the procedure for committee discussions determined by the Rules of Procedure are not violated.

3. Factions in the parliamentary opposition, and non-faction MPs, shall have the right to request a certain period of time for the consideration of a draft law initiated by them, or a draft decree or other act of the Parliament, during the first half of Friday of the last week of plenary sittings of each month, in the manner prescribed by the Rules of Procedure. The Bureau of the Parliament shall be obliged to put the issue on the agenda of the plenary sitting of the Parliament in the manner prescribed by the Rules of Procedure. The issue referred to in this paragraph shall be considered in accordance with the procedure established by the Rules of Procedure for the consideration of a relevant issue.

4. A chairperson of the plenary sitting of the Parliament shall present a draft agenda, and the Parliament shall approve it by a majority of the votes of those present, by open vote/hand raising. By a decision of a chairperson of a sitting, the sequence of issues may be changed, an extra issue may be discussed, or a joint discussion on issues that are interrelated or alike may be conducted.

5. Each MP shall be given the floor for 3 minutes in relation to the agenda of a plenary sitting of the Parliament. Extending this time shall not be considered.

6. If the Government of Georgia, an MP or a faction requests the addition of an issue to the agenda or the removal of an issue from the agenda of a plenary sitting of the Parliament, the Chairperson of the plenary sitting of the Parliament shall explain the reason why the issue has not been added to, or has been removed from, the agenda, after which it is obligatory to put the issue to the vote. The decision on adding an issue to the agenda or removing an issue from the agenda shall be made without discussion, by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament. However, an issue may be added to the agenda if it has passed the relevant procedures provided for by the Rules of Procedure.

7. Draft laws and applications submitted by the Government of Georgia at a plenary sitting of the Parliament shall be considered without observing the set sequence on the basis of a request from the Government.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 90 – Chairperson of a plenary sitting

1. Plenary sittings of the Parliament shall be normally presided over by the Chairperson of the Parliament. If he/she does not preside over a plenary sitting, one of his/her deputies shall be assigned to chair the sitting by an oral or written order of the Chairperson of the Parliament. A Chairperson of a sitting shall preside over a plenary sitting in a fair and impartial manner.

2. A Chairperson of a plenary sitting shall:

a) notify the Parliament about the opening and the end of the sitting;

b) lead the consideration of issues;

c) ensure compliance with the Rules of Procedure;

d) give the floor to speakers in the manner prescribed by the Rules of Procedure;

e) put issues to vote and announce the results of the voting;

f) sign protocol decisions adopted at the sitting;

g) in cases provided for by Article 224(1-3) of the Rules of Procedure, terminate the speech of a speaker, warn or request an MP or an invited person to leave the sitting hall;

h) in cases provided for by the Rules of Procedure, terminate the sitting, and in individual cases announce a break;

i) when a draft law/other matter is being considered, if necessary, put to vote the issue of ending the consideration and organising a consultative meeting with the participation of the parties involved;

j) conduct a rating survey on individual issues and suggest that the authors withdraw less feasible proposals if there are numerous issues to put to vote or if necessary;

k) exercise other powers granted to him/her by the Rules of Procedure.

3. A Chairperson of a plenary sitting shall have the right to participate in the discussion of issues in the manner prescribed by the Rules of Procedure. After the transfer of his/her powers, the Chairperson of a plenary sitting shall resume the performance of his/her duties once he/she finishes his/her speech.

4. A Chairperson of a plenary sitting shall not have the right to comment on a speech of an MP or interrupt his/her speech for this purpose, or to evaluate a speech of an MP, or to answer a question not addressed to him/her personally, unless an MP violates the requirements of the Rules of Procedure.

 

Article 91 – Registration for plenary sittings. Valid excuse for the non-attendance of sittings

1. A plenary sitting shall be fully constituted if it is attended by a majority of the total number of the Members of the Parliament.

2. The registration of MPs shall be held before the opening of a morning sitting, as well as before voting.

3. After the registration of MPs, if necessary, by a decision of the Chairperson of a plenary sitting, the results of the registration shall be confirmed by the Chief Mandaturi, who is personally responsible for the accuracy of information he/she is providing.

4. If results of registration and information provided by the Chief Mandaturi give rise to doubt, a faction, or a group of at least seven non-faction MPs, shall have the right to request the verification of the results of registration by reading out the names of the persons registered. The Parliament shall decide to hold a new registration only if the number of doubtful votes changes the final results of the registration. In such case, the decision shall be made by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament.

5. If, according to the results of registration held during the opening of a plenary sitting of the Parliament, a sufficient number of MPs are not present in the sitting hall, the Chairperson of the sitting shall hold a new registration for 15 minutes after the registration. If the number of MPs is still not sufficient after a second registration, the Chairperson of the sitting shall hold a new registration for the next 45 minutes. If the number of MPs is still not sufficient after a third registration, another registration shall be held with the same procedure at an evening sitting. In special cases, the Chairperson of a sitting shall be authorised to make a different decision.

6. Before registration during the opening of a morning sitting, the Chairpersons of Factions shall provide the Chief Mandaturi with information in writing about the reasons for non-attendance at the plenary sitting by their members. Before registration, a non-faction MP shall personally notify the Chief Mandaturi in writing of the reason for non-attendance at the plenary sitting by him/her.

7. If persons under paragraph 6 of this article do not submit information to the Chief Mandaturi within the determined time limit, an MP shall be considered to have missed a plenary sitting without good reason.

8. An MP shall register in the manner prescribed by the Rules of Procedure. If an MP registers at least once during the day of a plenary sitting, he/she shall not be considered to have missed the plenary sitting. The violation of the requirements of this article shall result in liability under Article 224(12) and (13) of the Rules of Procedure.

9. An MP shall not be considered to have missed a plenary sitting without good reason if the faction or the non-faction MP refuses to participate in the discussion of issues and decision-making on account of political opinions (a boycott). To this effect, a written application shall be submitted to the Chairperson of a plenary sitting or an oral statement shall be made after the completion of registration.

10. A valid excuse for the non-attendance of a plenary sitting by an MP shall be his/her illness (confirmed by a medical certificate for sick leave), a business trip, or the birth/death/illness of a family member (confirmed by a medical certificate for sick leave). The Chairperson of a Faction shall be informed of any such reasons before the sitting. For the purposes of this paragraph, a ‘family member’ means a spouse, a direct ascendant and descendant relative, a stepchild, a sister, or a brother.

11. An MP shall also not be considered to have missed a plenary sitting without good reason due to meetings with the representatives of delegations of foreign countries on official visits to Georgia, on the basis of a written application from the MP, if there is written consent from the Chairperson of the Parliament.

12. Not later than 3 days after the end of each month, the Chief Mandaturi shall notify the Procedural Issues and Rules Committee of the Parliament data on the registration of the attendance of MPs at plenary sittings and written applications concerning reasons for non-attendance at plenary sittings by MPs.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 92 – Plenary sittings

1. Plenary sittings of the Parliament, except closed sittings, shall be public. Mass media representatives accredited in accordance with established procedures have the right to attend public sittings.

2. Public plenary sittings shall be broadcast live on TV and radio.

3. The President of Georgia, the Prime Minister of Georgia, other members of the Government of Georgia, their deputies, the Chairperson of the Constitutional Court of Georgia, the Chairperson of the Supreme Court of Georgia, the General Auditor, the General Prosecutor of Georgia, the President of the National Bank of Georgia, the Parliamentary Secretary of the President of Georgia, the Parliamentary Secretary of the Government of Georgia and the Public Defender of Georgia shall be authorised to attend plenary sittings of the Parliament on their own initiative.

4. The Chairperson of the Parliament shall have the right to invite representatives of the public and foreign guests to plenary sittings. They shall take specially allocated seats in the sitting hall.

5. When considering issues that require secrecy, the President of Georgia, the Chairperson of the Parliament, the Prime Minister of Georgia, other members of the Government of Georgia, and committees and factions, may raise an issue of declaring a plenary sitting of the Parliament or part thereof closed. A decision to close a plenary sitting or part thereof shall be considered and made behind closed doors. A decision shall be deemed to be adopted if it is supported by a majority of those present at the plenary sitting, but with no less than one third of the total number of the Members of the Parliament.

6. The Chairperson of the sitting shall determine the scope of persons who may attend a closed plenary sitting.

7. A chairperson of a plenary sitting of the Parliament shall notify attendees of the start of the sitting with two strokes of a gavel, and of its end, with three strokes. The start and end of any other procedure shall be marked with one stroke. The Mandaturi Service of the Office of the Parliament shall help the Chairperson of the sitting to keep order in the sitting hall.

8. Except MPs, only Mandaturis, as well as responsible staff of the Office of the Parliament who wear a special badge, shall have the right to be present in the sitting hall during a plenary sitting of the Parliament. A public servant from a committee office responsible for an issue under consideration, and when considering the relevant issue, an initiator of the issue and a speaker/co-speaker, may enter the sitting hall during a plenary sitting.

 

Article 93 – Political debates

1. At the request of one fifth of the total number of the Members of the Parliament, political debates on pre-determined issues shall be scheduled once a month.

2. Unless otherwise provided for by the Rules of Procedure, a faction shall be given for speeches during political debates as many minutes as MPs united in it, but not less than 15 and not more than 75 minutes, and each non-faction MP shall be given 3 minutes. Non-faction MPs nominated by one political party may devote time allocated for their speeches to each other so that the duration of the speech/speeches of the MP/MPs does not exceed a total of 15 minutes. First, speeches shall be delivered by non-faction MPs, followed by the representatives of factions in the parliamentary opposition, and finally the representatives of factions in the parliamentary majority. A faction shall determine the number of speakers during the time allocated to it and the scheme for distributing time among them. The Bureau of the Parliament shall be authorised to otherwise determine the sequence of speakers on the basis of agreement between the subjects referred to in this paragraph. An MP shall not have the right to give the time allocated for his/her speech to another MP, except in cases provided for by this paragraph. Time allocated to speakers shall not be increased.

3. The Chairperson of the Parliament shall have the right to make a 15-minute speech at the end of political debates.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 94 – Political statements

1. On the Tuesday of the week of plenary sittings, except special sittings, after the approval of an agenda, MPs shall be given a total of 30 minutes for statements in the manner prescribed by this chapter. The said time may be extended by not more than 30 minutes by a decision of the Chairperson of the sitting, based on the number of the speakers. The duration of the speech of each speaker shall not exceed 4 minutes. However, an MP may use not more than 1 minute for an additional statement. Time allocated to him/her shall not be increased.

2. To make statements, MPs shall, before the approval of an agenda, personally register in the list of speakers, which is compiled and submitted to the Chairperson of the sitting. MPs shall have the right to personally register in the list of speakers in the course of statements. The order of speakers shall be determined according to the sequence in which they were entered in the list. Observing the sequence of speakers shall be mandatory. A speech shall not be delivered without the permission of the Chairperson of the sitting. An MP may register in the list of speakers only once. If an MP is absent from the sitting when his/her turn to give a speech comes round, he/she shall not have the right to speak later. An MP who has been registered in the list of speakers shall not have the right to give the time allocated for his/her speech to another MP.

3. If, by the time an agenda is approved, none of the MPs applies to the secretariat of the sitting to make a statement, the procedure for statements of MPs at a plenary sitting of the Parliament shall not be carried out, and the Chairperson of the sitting shall notify the plenary sitting thereof.

4. In individual cases, the Chairperson of a sitting shall have the right to allocate time for statements on other days of a session week. In such case, the time allocated for a statement shall not exceed 3 minutes, and the total duration of statements shall not exceed 30 minutes. In addition, an MP shall have the right to make a statement only once.

 

Article 95 – Voting

1. The expected time of commencement of a voting procedure / procedures shall be announced by the Chairperson of a plenary session immediately upon the opening of the plenary session. It shall not be permitted to commence the relevant voting procedure / procedures before the announced expected time.

2. Before the commencement of a voting procedure, the Chairperson of a plenary session shall be entitled to make a statement relating only to a special case. Its duration shall not exceed 10 minutes.

3. Prior to the commencement of a voting procedure, the registration of MPs shall be conducted. If a plenary session is not attended by the number of MPs necessary for voting, the Chairperson of the session shall announce the time of holding the postponed voting.

4. If a proposal on the postponement of voting is submitted, it shall be voted on first. A decision shall be made by a majority of votes of attending members of a parliamentary plenary session, but not less than one fifth of the composition of the parliament.

5. During the conduct of the voting procedure, it shall be permitted to make a one-minute speech only if it is related to procedural issues of voting. In addition, a faction may make a one-minute speech regarding procedural issues twice, and a non-faction MP may make a one-minute speech regarding procedural issues, once.

6. At the request of a faction / factions, a break may be announced only once, for five minutes, before the commencement of the voting procedure.

7. During the voting procedure, an MP may not be permitted to leave the session hall.

8. An MP shall vote personally. The transfer of a right to vote or of a voting card shall be inadmissible.

9. If an MP has not participated in voting, he/she shall not have the right to vote on the matter after the announcement of the voting results.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 96 – Form of voting

1. Voting at a parliamentary plenary session shall be open (raising hands, printing out surnames via the electronic voting system, or through nominative ballots in nominative voting in the cases provided for by the Rules of Procedure) or secret (using the electronic system of voting or voting by ballots in the cases provided for by the Rules of Procedure).

2. Voting shall always be open, except for the cases provided for by the Constitution of Georgia and other legislative acts.

3.Prior to a secret ballot, the Chairperson of the parliamentary plenary session shall announce the form of voting.

 

Article 97 – Counting of votes

1. When holding a secret ballot, a vote counting commission or the Procedural Issues and Rules Committee of the Parliament shall determine the place of voting and the form of ballot papers.

2. Where the electronic system of voting does not receive the signal of the voting card of an MP, his/her vote shall be considered cast if it is verified before the announcement of the voting results. If it is confirmed that the statement was made to falsify the voting results, it shall not have an effect on the voting results. If after the announcement of voting results, it is confirmed that the electronic system of voting did not receive the signal of the voting card of an MP, or a card of another MP was used and such vote is decisive, the voting shall be held anew.

3. A duly motivated statement by a faction or a group of at least seven non – faction MPs questioning the results of voting shall be immediately submitted to the Chairperson of the plenary session who shall transfer the issue to the Chief Mandaturi (Chief Supervisor) for examination. The Chief Mandaturi shall examine the issue and immediately notify Parliament of the opinion. If the falsification of votes is confirmed by the said opinion, voting shall be held anew only when the number of doubted votes changes the final results of voting. It shall be inadmissible to hold another vote until the existing dispute regarding the voting results is resolved. If, as a result of the verification of a statement by a faction or a group of at least seven non – faction MPs on questioning the results of voting, the statement is not confirmed, the relevant faction or a group of at least seven non – faction MPs shall not have the right to request the verification of other voting results on the same day.

4. Parliament shall be notified of all voting results by the Chairperson of the plenary session. They shall be published on the Parliament website.

5. An MP shall immediately notify the Staff of the Parliament about the loss of a voting card. In this case, the MP shall be given a temporary voting card.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 98 – Inadmissibility of amending a final decision of Parliament

It shall be inadmissible to alter or amend a law or a resolution adopted by Parliament after the final voting. Such action shall entail liability as provided for by law.

 

Chapter X – Legislative Process

 

Article 99 – Submission of a legislative initiative

1. The legislative process shall start by the preparation and submission to Parliament of a draft law by a subject having the right of legislative initiative, including by the use of official electronic resources.

2. In accordance with Article 45 of the Constitution of Georgia, the right of legislative initiative shall be granted to: the Government, a Member of Parliament, a parliamentary faction, a parliamentary committee, the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara, and to not less than 25 000 voters.

3. Only the Government of Georgia shall be entitled to present to Parliament draft laws on the State Budget, and the structure and rules of operation of the Government.

4. Only an MP, a committee, and a faction shall be entitled to present to Parliament the draft Rules of Procedure.

5. A draft law, the author of which is the Government of Georgia, or an institution of executive authority, or a legal entity under public law subject to the state control of an executive authority, may not be submitted as a legislative initiative by an MP, a parliamentary faction or a parliamentary committee.

 

Article 100 – Plan of law-making activities of the Government of Georgia

1. The Government of Georgia is obliged to submit to Parliament a short-term plan of its law-making activities, twice a year, for each session period. A short-term plan intended for the spring session shall be submitted to Parliament not later than 31 January, and a short-term plan intended for the autumn session shall be submitted to Parliament not later than 31 August.

2. A legislative initiative of the Government of Georgia, not provided for in the short-term plan of its law-making activities, shall be accompanied by appropriate substantiation of the impossibility of its being provided in the said plan.

 

Article 101 – General procedures for considering a draft law

1. A draft law submitted to Parliament as a legislative initiative shall undergo the following procedures for consideration:

a) the draft law shall be transferred for registration to the Organisational Department of the Staff of the Parliament;

b) the Organisational Department of the Staff of the Parliament shall transfer the draft law to the Legal Department of the Staff of the Parliament and to the Budgetary Office of the Parliament for the preparation of opinions provided for by Article 102(5) of the Rules of Procedure. Afterwards, the Organisational Department of the Staff of the Parliament shall transfer the draft law, in line with the opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament, to the nearest sitting of the Parliamentary Bureau, if it is submitted before Thursday of the week preceding the session of the Bureau;

c) the Parliamentary Bureau shall take a decision on procedures for commencing to consider the draft law at the nearest session. In addition, it shall transfer the draft law to the Leading Committee, other committees, factions, the Legal Department of the Staff of the Parliament, as well as the Government of Georgia. A draft law regulating the activities of representatives of the financial sector shall also be transferred to the National Bank of Georgia;

d) after the draft law has been considered by the Leading Committee and other committees, it shall be transferred to the Parliamentary Bureau in line with appropriate opinions to be considered by first hearing and be put to the vote, to put it on the agenda of the nearest plenary session;

e) after being considered and adopted by first hearing at a parliamentary plenary session, the draft law shall be transferred to the Leading Committee for it to incorporate the comments taken during the first hearing into the draft law, and for its consideration by second hearing at a parliamentary plenary session, and to prepare it for voting;

f) after the draft law has been adopted by first hearing, the Leading Committee shall consider it by sub-paragraphs, paragraphs (parts), articles, chapters and/or sections, in order to prepare it for a second hearing at a parliamentary plenary session;

g) after the draft law has been considered by the Leading Committee, it shall be transferred to the nearest session of the Parliamentary Bureau, in line with appropriate opinions and alternative proposals, for consideration by second hearing and for voting, and to put it on the agenda of the parliamentary plenary session;

h) after the draft law has been considered and adopted by second hearing at a parliamentary plenary session, it shall be transferred to the Leading Committee which shall prepare it for the third hearing;

i) after being adopted by second hearing, the Leading Committee shall incorporate the comments considered by the Parliament during the second hearing into the draft law, and shall consider the draft law and transfer it to the Parliamentary Bureau to be considered by third hearing, and to put it on the agenda of a parliamentary plenary session;

j) the final edited version of the draft law considered by third hearing at a parliamentary plenary session shall be put to the vote to adopt its final version;

k) after being adopted by third hearing, the draft law shall be transferred to the President of Georgia for signature.

2. The Leading Committee determined by the Parliamentary Bureau shall hold a committee session to consider the draft law, and shall manage procedures for parliamentary consideration of the appropriate draft law for the purpose of preparing it for the first, second and third hearings at parliamentary plenary sessions, and shall be responsible for the observance thereof.

3. The initiator of the draft law shall be entitled to withdraw the draft law for adequate reasons before it is adopted by first hearing at a parliamentary plenary session.

4. If the draft law is initiated by two or more MPs, the draft law shall be considered withdrawn from Parliament upon submission of a joint written request by all MPs who are initiators of the draft law.

5. In the case of the early termination of powers of an MP, the Leading Committee shall appoint a speaker for draft laws submitted as legislative initiatives by the said MP, which are under consideration and which were adopted by first hearing. The Leading Committee shall inform the Parliamentary Bureau thereof. Draft laws provided for by this paragraph, which are not adopted by first hearing, shall be considered withdrawn.

6. Parliament may adopt a draft law that increases the expenditure of the State Budget for the current budget year, reduces income, or places the State under new financial obligations, only with the consent of the Government of Georgia, whereas a draft law associated with the following budget year may be adopted by the consent of the Government of Georgia or within the scope of a document of Basic Data and Directions of the country presented by the Government to Parliament.

7. The committee is obliged to consider the draft law submitted by the Government of Georgia, the extraordinary consideration of which is requested by the Government of Georgia, at the nearest session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 102 – Accepting and preparing a draft law for consideration and committee hearing

1. A draft law prepared and submitted to Parliament by a subject having the right of legislative initiative shall be transferred in the form of a material or an easyily processable electronic document to the Organisational Department of the Staff of the Parliament which shall record and register the draft law.

2. The date of registration of the draft law prepared by a subject having the right of legislative initiative by the Organisational Department of the Staff of the Parliament shall be considered the date of submission of the said draft law to Parliament.

3. In accordance with Article 101(1)(b) of the Rules of Procedure of the Organisational Department of the Staff of the Parliament, a draft law transferred to the Parliamentary Bureau shall have attached a draft decision of the Parliamentary Bureau on the commencement of procedures for considering the draft law prepared by the Legal Department and the Organisational Department of the Staff of the Parliament, where the following shall be indicated:

a) the name of the draft law;

b) the initiator of the draft law;

c) the author of the draft law;

d) the date of submission of the draft law to Parliament;

e) the Leading Committee;

f) the expected date of consideration of the draft law at a sitting of a committee;

g) other committees the opinions of which shall be attached to the draft law;

h) the expected date of consideration of the draft law at a parliamentary plenary session.

4. The Parliamentary Bureau shall take a decision on the commencement of procedures for considering the draft law and on matters provided for by paragraph 3 (e) – (h) of this article.

5. The Legal Department of the Staff of the Parliament shall examine the compliance of the submitted draft law with Article 17(1)(a) and (c) – (f) and paragraphs 2 to 4 of the Organic Law of Georgia on Normative Acts, and the Budgetary Office of the Parliament shall examine the compliance of the submitted draft law with Article 17(1)(b) of the Organic Law of Georgia on Normative Acts. If the submitted draft law does not comply with the requirements of the said paragraphs of the Organic Law of Georgia on Normative Acts, the Parliamentary Bureau shall be authorised to return the draft law to its initiator to correct the deficiency, on the basis of the opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament.

6. During the period from the commencement of the procedure for considering the draft law by first hearing, the Budgetary Office of the Parliament shall be authorised to present additional information on matters provided for by Article 17(1)(b) of the Organic Law of Georgia on Normative Acts.

7. If the Government of Georgia requests special consideration of the draft law, the Parliamentary Bureau shall determine the time frames for the parliamentary consideration of the draft law and shall transfer it to the relevant committees.

8. After the Parliamentary Bureau takes a decision on the commencement of procedures for considering a draft law, the draft law shall be transferred for consideration to committees, factions, non-faction MPs, and the Legal Department of the Staff of the Parliament, as well as the Government of Georgia, and shall be published on the website of Parliament.

9. Any person may express his/her opinion/comment regarding the draft law published on the website of Parliament or regarding separate articles/paragraphs of the draft law, in order to receive public consultations.

10. If the draft law is not prepared for parliamentary consideration within the determined time frame, the Parliamentary Bureau shall extend the time frame determined for its consideration, as appropriate.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 103 – Opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament

1. A draft law submitted to a parliamentary plenary session shall have attached information from the Organisational Department of the Staff of the Parliament on the draft law and the opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament.

2. The Legal Department of the Staff of the Parliament shall prepare an opinion regarding the following matters:

a) whether the draft law complies with or contravenes the legislation of Georgia and universally recognised norms of international law;

b) whether or not a new law needs to be adopted;

c) whether the draft law complies with or contravenes the obligations assumed by Georgia under international agreements;

d) whether or not a list of normative acts to be revoked, and a list of draft legislative acts to be amended are exhaustive;

e) whether or not the draft law complies with EU legislation.

3. The Budgetary Office of the Parliament shall prepare an opinion regarding the following matters:

a) the impact of the draft law on the revenue part of the Budget;

b) the impact of the draft law on the expenditure part of the Budget;

c) new financial obligations of the State.

 

Article 104 – Rules for taking decisions on the expediency of continuing procedures for considering draft laws submitted for consideration to a Parliament of previous convocation

1. A Leading Committee, within four months after the first session of a newly elected Parliament, shall compile a list of draft laws submitted for consideration to the Parliament of previous convocation, the continuation of procedures for consideration of which is deemed expedient, and shall submit it to the Parliamentary Bureau.

2. The Parliamentary Bureau shall submit a list of draft laws drawn up by the Leading Committee in accordance with paragraph 1 of this article to the Procedural Issues and Rules Committee of the Parliament. The Procedural Issues and Rules Committee of the Parliament shall develop a draft resolution on the expediency of continuing procedures for considering draft laws submitted to the Parliament of previous convocation in accordance with the lists of draft laws drawn up by the Leading Committees in accordance with paragraph 1 of this article.

3. The Parliament shall take a decision by resolution on the expediency of continuing procedures for considering the draft laws submitted for consideration to the Parliament of previous convocation. A draft law that is not covered by the said resolution shall be deemed withdrawn from Parliament. A draft law shall also be deemed withdrawn from Parliament, the initiator of which has been deemed the Leading Committee which considered the draft law in accordance with paragraph 5 of this article, but such committee, in accordance with the Constitution of Georgia, is not authorised to submit such draft law as a legislative initiative.

4. The Government of Georgia, the Supreme Representative Body of the Autonomous Republic of Abkhazia, and the Supreme Representative Body of the Autonomous Republic of Adjara, shall submit their consent or refusal to Parliament within one month after the adoption of the resolution of Parliament specified in paragraph 3 of this article, with regard to the continuation of participation as the initiator of a draft law in procedures for considering a draft law submitted to the Parliament of previous convocation and provided for in the said resolution. The Parliamentary Committee shall submit such consent or refusal within the same period to the Leading Committee considering the draft law submitted to the Parliament of previous convocation, and provided for by the said resolution, if it is another committee. A member of the Parliament of current convocation shall submit such consent or refusal within the same period to the Leading Committee considering the draft law submitted to the Parliament of previous convocation, and provided for by the said resolution, if it is another committee. If the subject specified in this paragraph does not submit the above consent or refusal, it shall be deemed to have refused to continue participating as the initiator of the draft law in the relevant draft consideration procedure. The Leading Committee shall submit information on the submission or non-submission of the consent or refusal provided for in this paragraph to the Parliamentary Bureau.

5. The initiator of the draft law envisaged by the resolution of Parliament determined by paragraph 3 of this article shall be deemed to be:

a) the subject submitting the draft law through the legislative initiative procedure, if:

a.a) in accordance with paragraph 4 of this article, it has agreed to continue participating in the procedure for considering the said draft law as its initiator;

a.b) the draft law is submitted by electors through a legislative initiative procedure;

b) the Leading Committee considering the draft law, if:

b.a) the draft law has been submitted by the Government of Georgia, the Supreme Representative Body of the Autonomous Republic of Abkhazia, the Supreme Representative Body of the Autonomous Republic of Adjara, or the Parliamentary Committee, as a legislative initiative procedure, and in accordance with paragraph 4 of this article has submitted / refused to continue participating in the procedure for consideration of the mentioned draft law as its initiator;

b.b) none of the members of the Parliament of previous convocation submitting the draft law through the legislative initiative procedure is a member of the Parliament of current convocation or all the members of the Parliament of current convocation submitting the draft law to the Parliament of previous convocation, submitted / refused to continue its participation as an initiator in the procedure for considering the mentioned draft law;

b.c) the draft law is submitted by a parliamentary faction through a legislative initiative procedure.

6. The rules set forth in this article shall also apply to a draft resolution of Parliament, which shall be submitted to Parliament in accordance with the procedures established by the Rules of Procedure for submission of a draft law to Parliament.

Rules of Procedure of the Parliament of Georgia No 167 of 4 February 2021 – website, 4.2.2021

 

Article 105 – Legislative proposal

1. A legislative proposal is a substantiated and duly registered application of a subject not entitled to legislative initiative submitted to Parliament in material or electronic form, on adopting a new law, introducing amendments to a law or on declaring a law invalid.

2. The right to submit a legislative proposal shall be granted to: citizens of Georgia, public bodies (except for institutions of the executive authority of Georgia and legal entities under public law subordinated to the state control of the executive authority), municipality bodies, political and public associations registered in Georgia in accordance with the procedure established by law, and other legal persons.

3. A legislative proposal shall be submitted in the form of main principles or specific proposals of a draft law to be prepared. A legislative proposal shall contain the author’s substantiation regarding its necessity. A legislative proposal shall indicate the reason and essence of the amendments; also, it shall include the signature, address and telephone number of the author of the legislative proposal.

4. A legislative proposal shall be submitted to the nearest session of the Parliamentary Bureau. The Parliamentary Bureau shall transfer the legislative proposal to the Leading Committee (and, as appropriate, to another committee) which shall consider it within 30 days from its transfer. If the legislative proposal is not considered within this period, the Parliamentary Bureau may extend the time frame of consideration for not more than 30 days, upon the request by the Leading Committee. If the legislative proposal is transferred to another committee, it shall submit to the Leading Committee an opinion on the legislative proposal not later than 20 days from the transfer of the legislative proposal.

5. The author of the legislative proposal may be invited to a committee session during the consideration of the legislative proposal. At the committee session, the legislative proposal shall be submitted for consideration by the Chairperson of the session.

6. As the committee considers the legislative proposal, it may be recognised as adopted or rejected based on a reasoned decision. The committee shall inform the nearest session of the Parliamentary Bureau on its decision on the legislative proposal.

7. Regarding the consideration of the legislative proposal, the time frame referred to in paragraph 4 of this article shall be calculated without taking into account the period provided for by Article 88(5) of the Rules of Procedure and the period between the parliamentary sessions.

8. If a legislative proposal is submitted in the form of main principles or specific proposals of the draft law to be prepared and the Leading Committee has recognised it as acceptable, a committee, in agreement with the Parliamentary Bureau, shall develop the draft law in the determined time frame and shall transfer it to the Parliamentary Bureau in accordance with the procedure established by the Rules of Procedure.

9. If a legislative proposal is submitted in the form of a draft law and the Leading Committee has recognised it as acceptable, the draft law shall be transferred to the Parliamentary Bureau in the determined time frame in accordance with the procedure established by the Rules of Procedure.

10. The author of the legislative proposal shall be entitled to withdraw it before its consideration by a committee.

11. If the legislative proposal is adopted, the Leading Committee shall be considered as a subject having the right to legislative initiative.

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 106 – Speaker and co-speaker on a draft law

1. A draft law initiated by an MP shall be submitted to a committee session by an initiator MP; a draft law initiated by the Government of Georgia shall be submitted to a committee session by an authorised representative of the Government; a draft law initiated by a faction or a committee shall be submitted to a committee session by the Chairperson of Faction or committee and/or a representative appointed by the faction or committee, respectively; a draft law initiated by the representative body of the Autonomous Republic of Abkhazia or Ajara shall be submitted to a committee session by a member of the relevant supreme representative body appointed by it; and a draft law initiated by voters shall be submitted to a committee session by a member of the initiative group elected by the initiative group of voters established with regard to such draft law.

2. At a parliamentary plenary session, the Parliamentary Secretary of the Government of Georgia shall present the draft law initiated by the Government of Georgia as a speaker/co-speaker, unless the Government appoints a respective minister or deputy minister/ministers as a speaker/co-speaker on the basis of an appropriate administrative legal act. An appropriate person provided for by paragraph 1 of this article shall be a speaker presenting the draft law initiated by a faction, a committee, an MP, the Supreme Representative Body of the Autonomous Republics of Abkhazia or Ajara, and by voters, whereas a representative of an appropriate committee shall act as a co-speaker presenting a draft law initiated by voters.

3. A person appointed a speaker presenting a draft law initiated by the Government of Georgia may not be an MP.

4. An appropriate representative of the Government of Georgia shall act as a co-speaker presenting a draft law initiated by an MP, a faction or a committee.

5. If a speaker is absent in the session hall after the start of the consideration of a draft law (or another draft act) at a parliamentary plenary session, the draft law (or another draft act) shall be removed from the agenda of the plenary session and shall be transferred to the agenda of the following plenary session. The consideration of the draft law shall not be precluded by the absence of a co-speaker.

6. If the representative of the President fails to appear during the consideration of the reasoned comments of the President of Georgia, the comments shall be considered by omitting the report of the representative of the President and the stages of questions and answers.

 

Article 107 – General procedures for considering a draft law in a committee

1. The Government of Georgia, parliamentary committees, factions, non-faction MPs, and the Legal Department of the Staff of the Parliament, shall transfer their comments on the draft law to the Leading Committee not earlier than 3 days and not later than 3 weeks after making a decision regarding the commencement of the procedure for considering the draft law by the Parliamentary Bureau. If these subjects do not submit their comments on the draft law in the indicated time frame, the draft law shall be deemed accepted by them.

2. The Leading Committee shall convene a committee session (except for the case of considering a draft law in accordance with the accelerated or simplified procedures), not earlier than 3 days and not later than 5 weeks after making a decision on the commencement of the procedure for considering the draft law by the Parliamentary Bureau. A session of the Leading Committee shall be convened after the committees determined by the Parliamentary Bureau, the opinions of which should be attached to the draft law, transfer to the Leading Committee their comments on the draft law within the time frame determined by paragraph 1 of this article.

3. Opinions/comments expressed before the consideration of a draft law at a committee session regarding the draft law published on the website of Parliament or regarding certain articles/paragraphs therein shall be submitted to the Chairperson of the Leading Committee who shall introduce them to committee members during the consideration of the draft law at the committee session, as appropriate. If the committee shares the opinions/comments, it shall be reflected in the opinion of the committee.

4. A comment on a draft law expressed during the consideration of the draft law at a committee session shall be deemed taken into account if a speaker has approved it, or the committee has shared it by means of voting. For the comment to be put to the vote, it shall be presented in the form of an alternative proposal, or presented in accordance with paragraph 3 of this article.

5. After being considered at a committee session, a draft law may be deemed prepared, not duly prepared, or unacceptable for consideration at a plenary session. The deeming of a draft law by a committee as insufficiently prepared or unacceptable shall not preclude the commencement of the consideration of the draft law at a parliamentary session. If, during a regular session, an initiator fails to ensure the submission of the initiative to a committee session convened within the determined time frame and in accordance with the procedure established by the Rules of Procedure for consideration of draft laws by first hearing, the draft law shall be considered withdrawn from Parliament.

6. A draft law may not be submitted to a parliamentary plenary session without the opinion of the Leading Committee, except for the case provided for by paragraph 8 of this article. If the Leading Committee does not hold a session and express its position regarding the draft law within the time frame determined for the consideration of a draft law by the Parliamentary Bureau, the initiator of the draft law shall be entitled to apply to the Leading Committee requesting that they consider the draft law or raise the issue of putting the draft law on the agenda of a parliamentary plenary session before a session of the Parliamentary Bureau, without the opinion of the Leading Committee.

7. If the Leading Committee is unable to hold a committee session and submit its opinion within the time frame determined by this article, the Parliamentary Bureau shall be authorised to determine a new time frame for the committee consideration of the draft law, on the basis of a reasoned proposal of the Chairperson of the committee. If the Leading Committee does not hold a session and express its position regarding the draft law even within the said time frame, the initiator of the draft law shall be entitled to apply to the Leading Committee again and request that they consider the draft law or to raise before the Parliamentary Bureau the issue of putting the draft law on the agenda of a parliamentary plenary session, without the opinion of the Leading Committee. If the Leading Committee violates the time frame determined for consideration of the draft law, the parli Parliamentary Bureau shall be authorised to consider this fact and to raise the question of the liability of the Chairperson of the relevant committee.

8. In the cases provided for by paragraphs 6 and 7 of this article, the Parliamentary Bureau is obliged to put the draft law on the agenda of the nearest parliamentary plenary session. If the initiator of the draft law does not raise the issue of the further consideration of the draft law during an appropriate session, it shall be deemed withdrawn from Parliament. The Parliamentary Bureau shall be informed thereof by the Organisational Department of the Staff of the Parliament.

9. A decision made by the Leading Committee on the draft law shall be reflected in the opinion of the committee, which shall be signed by the Chairperson of the committee.

10. After holding the session of the Leading Committee, the draft law signed by the Chairperson of the committee shall be sent in writing to the Organisational Department of the Staff of the Parliament to put it on the agenda of the nearest session of the Parliamentary Bureau. In addition, each page of the draft law shall be authorised by a person in charge of the draft law from the office of the committee.

11. The draft law submitted to the Parliamentary Bureau shall have attached the opinion of the Leading Committee, as well as the opinions of other committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament, the Budgetary Office of the Parliament and other authorised subjects, as well as a paper reflecting the status of including their comments in the draft law (‘the paper of comments’).

12. After being considered by the Leading Committee, the draft law and a clearly visible version of the comments in the draft law shall be published on the website of Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 108 – Alternative draft law

1. A subject with the right to legislative initiative determined by the Rules of Procedure may submit an alternative draft law through the legislative initiative procedure during the period from making a decision on the commencement of the procedure for considering the draft law by the Parliamentary Bureau to considering the draft law by first committee hearing. The alternative draft law shall be submitted to the Parliamentary Bureau which shall transfer it for consideration to the Leading Committee considering the main draft law. The alternative draft law shall be considered at a committee session in line with the main draft law.

2. The alternative draft law shall be essentially different from the main draft law.

3. The Leading Committee shall make a decision on the submission of a consolidated version for first hearing in agreement with the initiator of the alternative draft law. If agreement cannot be reached, the main draft law and the alternative draft law shall be submitted to a parliamentary plenary session for the first hearing. Parliament shall decide by a resolution to accept or refuse to accept either as a basis for the draft law.

4. When reviewing the issue provided for by paragraph 3 of this article, a speaker presenting the main draft law shall be the first speaker, and the speaker of the alternative draft law shall follow. The speech of each speaker shall not exceed 10 minutes. Afterwards, an appropriate draft resolution shall be put to the vote.

 

Article 109 – Alternative proposal

1. An alternative proposal may be submitted on certain norms of the draft law. The right to submit an alternative proposal shall be exercised by a committee, a faction, and an MP.

2. The alternative proposal on certain norms of the draft law shall be submitted in writing before 18.00 of the day preceding the consideration of the draft law by second hearing by the committee. The alternative proposal shall be submitted to the Leading Committee and the Organisational Department of the Staff of the Parliament.

3. The alternative proposal on a draft law shall be deemed accepted if a speaker agrees thereto. If the speaker does not agree to accept the alternative proposal, the Leading Committee or a parliamentary plenary session shall decide whether to accept or refuse to accept the alternative proposal on certain norms of the draft law by voting. If the Leading Committee refuses the alternative proposal, it shall be sent to the Parliamentary Bureau together with the opinion of the Leading Committee.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 110 – Procedure for considering a draft law by three hearings

1. The Parliament shall consider a draft law by three hearings, except for the cases provided for by the Constitution of Georgia and the Rules of Procedure.

2. During the first hearing of a draft law, the general principles and main provisions of the draft law shall be considered at a parliamentary plenary session.

3. During the second hearing of a draft law, the draft law shall be considered at a parliamentary plenary session according to sub-paragraphs, paragraphs (parts), articles, chapters and/or titles, and shall be put to a vote on its entirety. During the second hearing of the draft law at a parliamentary plenary session, a decision on the form of consideration of the draft law (according to sub-paragraphs, paragraphs (parts), articles, chapters and/or titles) shall be made by the Chairperson of the session, on the basis of the proposal of the Leading Committee.

4. During the third hearing of the draft law, only editorial changes may be introduced to the draft law.

 

Article 111 – Consideration of a draft law by first hearing at a plenary session

1. At a parliamentary plenary session, the consideration of a draft law shall start with its consideration by first hearing, except for the cases provided for by the Rules of Procedure.

2. At a parliamentary plenary session, the consideration of a draft law shall start with the speech of the initiator of the draft law or with the speech of a representative appointed by the initiator.

3. At a parliamentary plenary session, the length of speech of a speaker may last for not more than 20 minutes. Where necessary, the duration of the speech may be extended by not more than 10 minutes by a decision of the Chairperson of the session.

4. During the consideration of a draft law at a parliamentary plenary session, a speaker shall, in line with other matters, remind the session which comment(s) (indicating the author) that was/were made before the consideration of the draft law at the plenary session, was/were or was/were not taken into account and shall specify the reason.

5. After the end of the speech of the speaker, MPs shall be entitled to ask questions regarding the draft law. The time allocated for each author of a question shall not exceed 2 minutes. Moreover, the author of the question may use not more than 1 additional minute to clarify the question. An MP shall be entitled to make a speech once when putting the question and once when making the clarification. The Chairperson of the parliamentary plenary session shall be entitled to make a decision on the termination of asking questions, where required.

6. The speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 20 minutes.

7. After the end of the speech of a speaker, the floor shall be taken by a co-speaker. His/her speech may not last for more than15 minutes. After the end of the speech of the co-speaker, MPs shall be entitled to ask him/her questions regarding the draft law. The time allocated for each author of the question shall not exceed 2 minutes. The co-speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 15 minutes.

8. After the end of the speech of the co-speaker, the floor shall be taken by a representative of the Leading Committee, unless the representative of the Leading Committee is the co-speaker, and representatives of other committees. The representative of the Leading Committee shall speak for not more than 10 minutes, and the representatives of other committees shall speak for not more than 5 minutes.

9. After the speech of the representative of the Leading Committee and representatives of other committees, the floor shall be taken by non-faction MPs. Each speaker shall speak for not more than 3 minutes, and if non-faction MPs elected by the nomination of one political party devote to each other the time allocated for each of them, the duration of the speech / speeches of the respective member / members of parliament shall not exceed 15 minutes in total. To do this, MPs shall personally register in the list of speakers before the end of the speaker’s speech. The order of the MPs shall be determined by the Chairperson of the parliamentary plenary session according to the order of registration of speakers in the list. The order of speakers shall be complied with. A speech without the permission of the Chairperson of the plenary session shall not be allowed. In addition, an MP may be registered in the list of speakers only once. An MP who is registered in the list of speakers and who attends the session at the moment of his/her speech, may not cede the time allocated for him/her to another MP, except for the case provided for by this paragraph. If an MP does not attend the session at the moment of his/her speech, he/she shall no longer have the right to deliver a speech on the matter.

10. After the speeches of MPs are ended, speeches shall be delivered by representatives of factions in the parliamentary opposition, and representatives of factions in the parliamentary majority in this order, and they shall inform the parliamentary plenary session on their positions with regard to the general principles and main provisions of the draft law. For speeches, the faction shall be given the minutes equivalent to the number of MPs included in the faction, but not less than 15 and not more than 75 minutes.

11. A speaker, a co-speaker, representatives of a committee, a faction, shall deliver a speech from the tribune located in front of the presidium in the session hall.

12. After the end of speeches delivered by representatives of a faction, a speaker shall deliver the closing speech which shall last for not more than 10 minutes.

13. A comment made on a draft law during consideration at a parliamentary plenary session shall be considered accepted if a speaker agrees thereto.

14. After the end of the first hearing of the draft law, Parliament shall make one of the following decisions through voting, on:

a) the adoption of the draft law (as a basis of one of the draft laws from alternative draft laws) by first hearing;

b) the development of a new draft law taking into account alternative proposals.

15. A draft law that does not receive by first hearing the number of votes necessary for its adoption shall be considered rejected and a resolution on the rejection of the draft law shall be issued.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 112 – Consideration of a draft law by second hearing

1. After the draft law is adopted by first hearing, it shall be transferred to the Leading Committee for the purpose of including comments made regarding the draft law and preparing it for consideration by second hearing, and the Leading Committee shall consider the draft law within three weeks after the adoption of the draft law by first hearing. At the session of the Leading Committee, the draft law shall be considered according to sub-paragraphs, paragraphs (parts), articles, chapters and/or titles, and shall be jointly put to the vote. Where necessary, alternative proposals shall be put to the vote. If the Leading Committee fails to consider the draft law within the time frame determined by this paragraph, the time frame may be extended on the basis of a reasoned proposal of the Chairperson of the committee, by a decision of the Parliamentary Bureau.

2. A draft law revised according to comments taken into account during parliamentary consideration by first hearing, within four weeks from its adoption by first hearing, shall be sent to the Organisational Department of the Staff of the Parliament in accordance with the procedure established by Article 107(10) of the Rules of Procedure for considering it by second hearing and to put it to the vote at a parliamentary plenary session.

3. A draft by law second hearing submitted to a parliamentary plenary session shall have attached a paper of comments made during the consideration of the draft law by first hearing at a plenary session, the opinions of the Legal Department of the Staff of the Parliament, as well as by alternative proposals submitted to the Leading Committee.

4. The consideration of a draft law by second hearing at a parliamentary plenary session shall be commenced with a speech on the draft law delivered by a speaker who shall introduce to the session the draft law in accordance with the decision made on the basis of Article 110(3) of the Rules of Procedure. In accordance with the decision made on the basis of Article 110(3) of the Rules of Procedure, an MP shall be entitled to deliver a speech once regarding each sub-paragraph, paragraph (part), article, chapter and/or title, once for a question and once for the clarification of the question. The time allocated for each author of a question shall not exceed 2 minutes. Moreover, the author of the question may use not more than 1 additional minute to clarify the question. An MP shall be entitled to make a speech once when putting the question and once when making the clarification. The Chairperson of the session shall be entitled to make a decision on the termination of asking questions, as necessary.

5. The speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 20 minutes.

6. After the speech of a speaker, a co-speaker, if any, shall take the floor. His/her speech shall not last for more than 10 minutes. After the end of the speech of the co-speaker, MPs shall be entitled to ask him/her questions regarding the draft law. The time allocated for the author of each question shall not exceed 1 minute. The co-speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 10 minutes.

7. After the speech of a co-speaker, the floor shall be taken by the MP, the representative of a committee, a faction, whose alternative proposal was presented to the parliamentary plenary session. The author of an alternative proposal shall deliver the speech for not more than 5 minutes. An MP may ask a question to the author of alternative proposal only once, which shall last no more than 1 minute.

8. After the delivery of speeches of the persons referred to in paragraphs 4 to 7 of this article, the floor shall be taken by a representative of the Leading Committee, unless the representative of the Leading Committee is a co-speaker, and representatives of other committees. The representative of the Leading Committee shall speak for not more than 10 minutes, and the representatives of other committees shall speak for not more than 5 minutes.

9. After the speech of the representative of the Leading Committee and representatives of other committees, the floor shall be taken by non-faction MPs. Each speaker shall speak for not more than 3 minutes, and if non-faction MPs elected by the nomination of one political party devote to each other the time allocated for each of them, the duration of the speech / speeches of the respective member / members of parliament shall not exceed 15 minutes in total. For this purpose, MPs shall personally register in the list of speakers before the delivery of a speech is over; the list shall be composed in the secretariat of the parliamentary plenary session and shall be submitted to the Chairperson of the session. The order of the MPs shall be determined by the Chairperson of the session according to the order of their registry in the list of speakers. The order of speakers shall be complied with. It shall not be permitted to deliver a speech without the permission of the Chairperson of the session. In addition, an MP may be registered in the list of speakers only once. An MP who is registered in the list of speakers, and who attends the session at the moment of his/her speech, may not cede the time allocated for him/her to another MP, except for the case provided for by this paragraph. If an MP does not attend the session at the moment of his/her speech, he/she shall no longer have the right to deliver a speech on the matter.

10. After the speeches of MPs have been delivered, the floor shall be given to representatives of factions included in the parliamentary opposition, and representatives of factions included in the parliamentary majority in such order, and they shall notify the parliamentary plenary session of their positions on the submitted draft law. For speeches, a faction shall be given the minutes equivalent to the number of MPs included in the faction, but not less than 15 and not more than 75 minutes.

11. A speaker, a co-speaker, representatives of a committee, a faction, shall deliver a speech from the tribune located in front of the presidium in the session hall.

12. After the end of speeches delivered by representatives of a faction, a speaker shall deliver the closing speech which shall last for not more than 10 minutes.

13. The draft law may be adopted by second hearing, excluding separate articles. Three articles may be introduced during the third hearing.

14. During the second hearing, the draft law shall be put to the vote in its entirety. The alternative proposal shall be put to the vote in the first place. If the author of the alternative proposal is not present in the hall when the matter is under consideration or he/she refuses to consider the alternative proposal, the alternative proposal shall be considered rejected and it shall not be put to the vote.

15. After the end of the second hearing of the draft law, Parliament shall make a decision through voting on the adoption of the draft law by second hearing.

16. A draft law which fails to receive the number of votes necessary for its adoption during voting by second hearing shall be considered failed and a resolution on the non-adoption of the draft law by second hearing shall be issued.

17. If a draft law having failed the second hearing at a parliamentary plenary session is not put to the vote at a plenary session within one month during the session period at the request of its initiator, it shall be considered rejected. Moreover, a draft law failing to receive the necessary number of votes in repeated voting shall be considered rejected.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 113 – Characteristics of considering a legislative package by first and second hearings

1. During the consideration of a legislative package by first and second hearings, the procedures provided for by Article 111(2) to (7) and Article 112(4) to (7) of the Rules of Procedure shall be separately carried out for each draft law included in the package.

2. Speeches provided for by Article 111(8) to (10) and (12) and Article 112(8) to (10) and (12) shall be jointly delivered after the end of the procedures provided for by paragraph 1 of this article for all draft laws included in a legislative package.

 

Article 114 – Considering a draft law by third hearing

1. After adopting a draft law by second hearing, the Leading Committee shall consider it within 10 days for its preparation to be considered by third hearing at a parliamentary plenary session. After holding a session of the committee, a draft law shall be sent to the Organisational Department of the Staff of the Parliament to put it on the agenda of the nearest session of the Parliamentary Bureau in accordance with the procedure established by Article 107(10) of the Rules of Procedure.

2. A draft law submitted to a parliamentary plenary session by third hearing shall have attached a paper of comments taken into account through the voting by second hearing, prepared by the Leading Committee, as well as by opinions of the Leading Committee and the Legal Department of the Staff of the Parliament.

3. During the third hearing, the draft law shall be presented by a speaker who may receive editorial comments regarding the draft law from MPs. Each speech related to editorial comments shall last for not more than 3 minutes. Moreover, a person may deliver a speech on one and the same matter only once.

4. After the end of speeches, the speaker shall take the floor to respond to editorial comments. The response time shall not exceed 10 minutes. After the speech of a speaker, the Chairperson of the parliamentary plenary session shall deem the consideration of the draft law ended and inform MPs about the date of its voting by third hearing.

5. Articles postponed for additional consideration by second hearing shall be put to vote separately. The draft law may be adopted without these articles unless they are principal provisions in the draft law.

6. Before the draft law is put to the vote during the third hearing at a parliamentary plenary session, it shall be mandatory to distribute the final edited version of the draft law reflecting the comments made and taken into account during the third hearing. The title page of this version shall be authorised by the speaker delivering a speech on the draft law, the Chairperson of Leading Committee, a responsible person of the office of Leading Committee, and the Chairperson of the Legal Department of the Staff of the Parliament.

7. During the third hearing, the final edited version of the draft law shall be put to the vote in its entirety. It shall be inadmissible to introduce any amendments into the draft law after the voting by third hearing.

8. A draft law failing to receive the number of votes necessary for its adoption during the voting by third hearing shall be considered failed and a resolution on the non-adoption of the draft law by third hearing shall be issued. The rule established by Article 112(17) of the Rules of Procedure shall apply to the failed draft law.

9. The Parliament shall consider the draft law rejected by second and third hearings if it is submitted as a new legislative initiative.

 

Article 115 – A report and a shorthand record of the plenary session

1. A report and a shorthand record shall be compiled at a parliamentary plenary session. The report and the shorthand record of a parliamentary plenary session, excluding secret items, shall be published on the website of Parliament.

2. Only MPs, authorised representatives of the President of Georgia and the Government of Georgia, as well as representatives of state bodies participating in the working process of the session, shall be entitled to be introduced to the report and the shorthand record of a secret parliamentary plenary session.

 

Article 116 – Returning a draft law to a previous hearing

As needed, when reviewing a draft law at a parliamentary plenary session, on the basis of a reasoned proposal of a speaker or a co-speaker delivering speech on the draft law, Parliament may make a decision by a resolution to return the draft law from a third hearing to a second hearing at a plenary session.

 

Article 117 – Accelerated procedure for adopting a law

1. Parliament may consider and adopt a draft law through the accelerated procedure. The draft law shall be considered through the accelerated procedure if it involves only the introduction of amendments to the law.

2. The consideration and adoption of a draft law through the accelerated procedure entails its consideration and adoption by all three hearings during one week of parliamentary plenary sessions. The draft law may be considered and adopted in 1 day of the plenary session by more than one hearing but by not more than two hearings of the draft law only by a decision of the Parliamentary Bureau. Moreover, the draft law may be considered and adopted by second and third hearings on the same day.

3. A decision on the consideration of the draft law through the accelerated procedure shall be made by the Parliamentary Bureau, on the basis of a written substantiated request of the initiator of the draft law. The decision may be made by the Parliamentary Bureau both during the making of a decision on the commencement of the procedure for considering the draft law, and before the consideration of the draft law by first hearing.

4. In the case of making a decision by the parlia Parliamentary Bureau through the accelerated procedure for considering a draft law, the subjects provided for by the Rules of Procedure shall transfer to the Leading Committee their comments on the draft law within the time frame determined by the Parliamentary Bureau.

5. A draft law may not be considered through the accelerated procedure at a parliamentary plenary session from the day of making a decision on the consideration of the draft law through the accelerated procedure to the next day inclusive.

6. A draft law on which the decision to consider it through the accelerated procedure has been made shall have attached appropriate opinions provided for by the Rules of Procedure during its consideration by the parliamentary session. At a parliamentary plenary session, the draft law shall be considered and voted on through the accelerated procedure in accordance with the procedure provided for by the Rules of Procedure for considering and voting on a draft law.

7. When adopting a draft law through the accelerated procedure, the voting may be held on the same day, after the end of the consideration of the draft law by the appropriate hearing. In addition, Parliament shall put the draft law to the vote by third hearing only if its final edited version is submitted.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 118 – Adopting a law through the simplified procedure

1. A draft law on declaring a law of Georgia invalid, as well as a draft law on introducing amendments to a law, concerning only the amendment of dates (time frames) or terminology provided for by the law, as well as a draft law on introducing amendments to a law, which envisages the amendments to the numeration of the provisions of the law without changing their legal content, may be considered and adopted at a sitting of Parliament through the simplified procedure by one hearing, in accordance with the procedure established by Article 111 of the Rules of Procedure.

2. A decision on considering a draft law through the simplified procedure shall be made by the Parliamentary Bureau, on the basis of a proposal of the initiator of the draft law or the Leading Committee. It shall be inadmissible to consider the draft law at an appropriate sitting of a committee within one week from taking a decision on the commencement of the consideration of the draft law through the simplified procedure. After the expiry of the period, the draft law shall be deemed to comply with the time frame determined for considering a draft law by Article 107 of the Rules of Procedure.

3. If the Parliamentary Bureau makes a decision on considering a draft law through the simplified procedure, the subjects provided for by the Rules of Procedure shall transfer their comments on the draft law to the Leading Committee within the time frame determined by the Parliamentary Bureau.

4. A draft law on which the decision of considering it through the simplified procedure has been made, shall have attached appropriate opinions provided for by the Rules of Procedure during its consideration at a parliamentary plenary session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 119 – Adoption of legislative acts and approval of constitutional agreement

1. A constitutional law shall be deemed adopted if it is supported by at least two thirds of the full composition of Parliament by three hearings. The constitutional law shall be submitted to the President of Georgia for signature within 10 days after its consideration by first hearing by the Parliament of next convocation and after its approval without amendments by at least two third of Parliament's full composition.

2. If a constitutional law is supported by three hearings by at least three fourth of the full composition of Parliament, the constitutional Law shall be submitted to the President of Georgia for signature, within the time frame determined by Article 46 of the Constitution of Georgia.

3. A constitutional law related to the restoration of territorial integrity shall be adopted by a majority of two thirds of the full composition of Parliament and shall be submitted to the President of Georgia for signature, within the time frame determined by Article 46 of the Constitution of Georgia.

4. A constitutional agreement shall be deemed approved if supported by not less than three fifths of the full composition of Parliament.

5. An organic law shall be deemed adopted if supported by a majority of the full composition of Parliament, unless otherwise provided for by the Constitution of Georgia.

6. An organic law related to agricultural lands shall be adopted by a majority of not less than two thirds of the full composition of Parliament.

7. A rule of procedure shall be deemed adopted if supported by a majority of the full composition of Parliament.

8. A law shall be deemed adopted if supported by a majority attending a parliamentary plenary session, but by not less than one third of the full composition of Parliament, unless otherwise provided for by the Constitution of Georgia.

9. The date of adoption of the law shall be the day of its adoption by Parliament in its final version.

 

Article 120 – Procedure for adopting the Organic Law of Georgia on State Symbols of Georgia

The state flag, the coat of arms, and the anthem of Georgia are determined by the Organic Law of Georgia on State Symbols of Georgia, which shall be adopted and revised in accordance with the procedure established for the revision of the Constitution of Georgia.

 

Article 121 – Transfer of a law adopted by Parliament to the President of Georgia

A law adopted by Parliament shall be transferred to the President of Georgia within 10 days after its authorisation by the initiator of the draft law or his/her authorised representative, the Chairperson of the Leading Committee, a responsible person of the Office of Committee and the Head of the Legal Department of the Staff of the Parliament, and after the Chairperson of Parliament signs the relevant application.

 

Article 122 – Reasoned comments of the President of Georgia

1. The President of Georgia shall be authorised not to sign a law, and to return it to Parliament with reasoned comments in the cases and time frame provided for by the Constitution of Georgia.

2. The reasoned comments of the President of Georgia shall be in the form of a draft law.

3. A law returned with the reasoned comments of the President of Georgia shall be considered and adopted at a parliamentary plenary session by one hearing, in accordance with the procedure established by Article 111 of the Rules of Procedure. The law returned with the reasoned comments of the President of Georgia shall be put to the vote first, whereas the initial version of the law shall be put to the vote next.

4. If the Parliament adopts the comments of the President of Georgia, the law shall be transferred to the President of Georgia within five days, who shall sign and promulgate its final version within 5 days.

5. If the Parliament rejects the comments of the President of Georgia, the initial version of the law shall be put to the vote. The law shall be deemed adopted if supported by a majority of the full composition of Parliament. An organic law shall be deemed adopted if supported by a majority of the full composition of Parliament, except for the organic law provided for by Article 19(4) of the Constitution of Georgia, which shall be deemed adopted if supported by at least two thirds of the full composition of Parliament. A constitutional law shall be deemed adopted if supported by not less than three quarters of the full composition of Parliament. The law shall be submitted to the President of Georgia within 3 days, who shall sign and promulgate the law within five days.

6. A constitutional law on the introduction of an amendment into the Constitution of Georgia, which was adopted by Parliament by a majority of two third of the full composition of Parliament, shall be signed and promulgated by the President of Georgia within 5 days after its submission, without the right to return it to Parliament with comments.

7. If the President of Georgia does not promulgate the law within the established time frame, it shall be signed and promulgated by the Chairperson of Parliament within 5 days on the website of LEPL Legislative Herald of Georgia.

8. If in the case provided for by paragraph 3 of this article a draft law fails to receive the necessary number of votes, it shall be deemed rejected.

9. If the President of Georgia returns a law with reasoned comments to Parliament but parliamentary holidays are announced or less than 15 days are left before parliamentary holidays, an extraordinary session may be convened in accordance with the established procedure to consider the comments.

 

Article 123 – A draft constitutional law initiated by MPs

To check the authenticity of signatures, the Parliamentary Bureau shall transfer a draft constitutional law of Georgia submitted by more than half of the full composition of Parliament to the Procedural Issues and Rules Committee, which shall verify signatures and submit results to the Parliamentary Bureau within one week from the transfer of signatures. The Parliamentary Bureau shall put the issue on the agenda of the nearest parliamentary plenary session for the purpose of promulgating the draft constitutional law and establishing a Steering Commission on Public Considerations. At the same session of the Parliamentary Bureau, the draft constitutional law shall be transferred to committees for consideration in accordance with the procedure established by the Rules of Procedure.

 

Article 124 – Draft constitutional law of Georgia initiated by voters

1. For the purpose of exercising the right of submission of a draft constitutional law of Georgia on the initiative of voters, citizens of Georgia with electoral rights may set up an initiative group composed of at least 10 members.

2. The initiative group shall submit an application on registration to the Parliamentary Bureau. The application shall have attached the draft constitutional law of Georgia and the following data on members of the initiative group: the name, the surname, the date of birth, the address, the personal number and the telephone number. These materials shall be submitted to the nearest parliamentary plenary session, which shall transfer them to the Procedural Issues and Rules Committee.

3. The Procedural Issues and Rules Committee of the Parliament shall transfer the registration certificate to the initiative group or shall reasonably refuse its registration within seven days from transferring materials on the registration of the initiative group by the Parliamentary Bureau. The grounds for refusing to register may be a violation of the requirements of paragraph 1 and/or paragraph 2 of this article.

4. The application and the draft law submitted by the initiative group shall be published on the website of Parliament after the registration certificate is transferred to the initiative group.

5. The initiative group shall be entitled to withdraw the application on registration before the receipt of the the registration certificate.

6. From the day of the receipt of the registration certificate, the initiative group shall be entitled to start collecting the signatures of supporters of the draft constitutional law in the following form(s):

a) filling in signature papers;

b) collecting qualified electronic signatures provided for by the Law of Georgia on Electronic Documents and Electronic Trust Services, on the Parliament website.

7. Each paper of the form determined by the Procedural Issues and Rules Committee of the Parliament for collecting signatures shall be signed by not more than 50 voters. To ensure the validity of signatures, a person in charge shall note the following data on a voter: the name, the surname, the day/month/year of birth, the address, the personal number, the telephone number and the date of signature. The voter shall confirm the data by signature. A person in charge of collecting signatures shall confirm each such paper by signature, which person shall be responsible for the validity of the signatures and be liable for the falsification of signatures. The signature of each responsible person shall be certified in a notary bureau. In addition, in one municipality, a single notarial certification of the signature of a person in charge of collecting signatures shall suffice. All other signature papers confirmed by his/her signature shall not need notarial certification in the same municipality.

8. To collect qualified electronic signatures, a draft constitutional law of Georgia shall be placed on the website of Parliament. Before adding a qualified electronic signature, a voter shall electronically indicate a telephone number in the relevant field of the website and add a qualified electronic signature.

9. For the purposes provided for by this article, the Procedural Issues and Rules Committee of the Parliament shall use the following data on a signatory included in the electronic database of the LEPL Public Service Development Agency operating under the Ministry of Justice of Georgia: the name, the surname, the personal number, the date of birth, the address and the citizenship.

10. Within four months after receiving a registration certificate, an initiative group shall apply to the Parliamentary Bureau with an application and shall submit one of the following:

 a) signature papers filled in by at least 200 000 voters;

b) information on collecting qualified electronic signatures of at least 200 000 voters;

c) filled in signature papers and information on collected qualified electronic signatures confirming the signatures of at least 200 000 voters.

11. Filled in signature papers and information on collected qualified electronic signatures shall be submitted to the nearest session of the Parliamentary Bureau, which shall transfer them to the Procedural Issues and Rules Committee of the Parliament to check the authenticity of signatures.

12. The Procedural Issues and Rules Committee of the Parliament shall check the authenticity of signatures and submit results to the nearest session of the Parliamentary Bureau within one month after the receipt of signature papers and information on collected qualified electronic signatures. If it is established that signatures are made in violation of the requirements of the Rules of Procedure, the Parliamentary Bureau shall refuse an initiative group the right to submit a draft constitutional law of Georgia to Parliament for consideration.

13. A signature shall be considered void if:

a) it is made on a paper which is not in a determined form and/or which is not confirmed or verified in accordance with the procedure established by paragraph 7 of this article;

b) where made on a signature paper, it does not include the data determined by paragraph 7 of this article;

c) it is made by deception, intimidation, under pressure or by another person, if the same is confirmed by the voter in writing;

d) it is made by a person who does not meet the requirements established for voters by the Constitution of Georgia;

e) in the case of a qualified electronic signature, it is not made in accordance with the Law of Georgia on Electronic Documents and Electronic Trust Services.

14. If examination shows that the number of authentic signatures is less than 200 000, the right to submit a draft constitutional law of Georgia on the initiative of voters shall be considered rejected.

15. Where an initiative group is not granted the right to submit a draft constitutional law of Georgia, it shall be entitled to apply, within 5 days, to the common courts.

16. A positive opinion of the Procedural Issues and Rules Committee of the Parliament on the authenticity of the signatures of voters and a draft constitutional law of Georgia submitted by at least 200 000 voters shall be submitted to the Parliamentary Bureau, which shall put the issue on the agenda of the nearest parliamentary plenary session on the basis of the opinion of the Procedural Issues and Rules Committee of the Parliament for the purpose of promulgating the draft constitutional law and establishing a Steering Commission on Public Considerations, and the signature papers shall be transferred to the Organisational Department of the Staff of the Parliament. At the same session of the Parliamentary Bureau, the draft constitutional law shall be transferred to committees for consideration in accordance with the procedure established by the Rules of Procedure.

 

Article 125 – General public consideration of a draft constitutional law

1. Parliament shall decide by a resolution to promulgate a draft constitutional law of Georgia and to set up a Steering Commission on Public Considerations.

2. The number of members and the composition of the Steering Commission on Public Considerations shall be determined by Parliament.

3. More than half, but not less than three members, of the Steering Commission on Public Considerations shall be MPs in the parliamentary opposition.

4. It shall not be mandatory to observe the rules on proportional representation of MPs in the Steering Commission on Public Consideration if it is impossible to staff the Commission in accordance with the procedures established by paragraph 3 of this article.

5. The Steering Commission on Public Considerations shall consider materials related to the draft constitutional law of Georgia, within 1 month after the commencement of the consideration of the draft constitutional law, and shall make up a summary protocol after the commencement of consideration.

6. For the purpose of reviewing the draft constitutional law of Georgia, the Steering Commission on Public Considerations shall hold meetings in various administrative territorial units of Georgia, taking into account the principle of maximum awareness raising and the engagement of the population.

7. A schedule of meetings shall be published on the website of Parliament not later than 5 days before the commencement of the meetings of the Steering Commission on Public Considerations. Changes introduced in the schedule of meetings shall be additionally published on the website of Parliament not later than 2 days before a relevant meeting.

8. For the purpose of raising the awareness of the population, brief information about the essence of a draft constitutional law shall be placed on the website of Parliament, and shall be distributed during meetings.

9. Citizens shall express their opinions at a meeting of the Steering Commission on Public Considerations verbally and/or in writing. The verbal opinions of citizens shall be reflected in the minutes of the meeting and in the summary protocol of the Steering Commission on Public Considerations, and opinions submitted in writing and/or in the electronic form shall be attached to the summary protocol.

10. Minutes of meetings shall be published on the website of Parliament not later than 3 days after each meeting, and a summary protocol of the Steering Commission on Public Considerations shall be published within 10 days from the completion of public considerations.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 126 – Consideration and adoption of a draft constitutional law

1. Parliament shall commence consideration of a draft constitutional law of Georgia 1 month after its promulgation. The committees determined by the Parliamentary Bureau shall consider the draft constitutional law not later than within 1 month after the expiry of the aforementioned time frame.

2. The consideration of a draft constitutional law of Georgia shall commence with a report of the Chairperson of the Steering Commission on Public Considerations or a member authorised by the Commission who shall introduce a plenary session with the results of public considerations of the draft constitutional law of Georgia. Thereafter, the draft constitutional law of Georgia shall be presented to the plenary session by a member of the initiative group appointed by the initiative group.

3. A draft constitutional law of Georgia shall be considered and adopted by three hearings by the Parliament of one and the same convocation, in accordance with the procedure established for considering and adopting a draft law by three hearings, unless otherwise provided for by this article.

4. A draft constitutional law provided for by Article 119(1) of the Rules of Procedure shall be presented to the Parliament of successive convocation by the Chairperson of Parliament. After the end of the report, political debates shall be held in accordance with Article 93(2) of the Rules of Procedure.

5. It shall be inadmissible to consider and adopt a draft constitutional law of Georgia through the accelerated or simplified procedures.

6. It shall be inadmissible to submit an alternative draft law or an alternative proposal on certain norms of a draft constitutional law of Georgia.

 

Article 127 – Exercise of the right to legislative initiative by voters

1. For the purpose of exercising the right to submit a draft constitutional law of Georgia on the initiative of not less than 25 000 citizens of Georgia entitled to vote, an initiative group composed of at least 5 members shall be set up.

2. The initiative group shall submit an application on registration to the Parliamentary Bureau. The application shall be accompanied by the draft law and the following data of the members of the initiative group: the name, the surname, the date of birth, the address, the personal number and the telephone number. These materials shall be submitted to the nearest parliamentary plenary session, which shall transfer them to the Procedural Issues and Rules Committee.

3. The Procedural Issues and Rules Committee of the Parliament shall, within five days after the submission of the materials on the registration of the initiative group by the Parliamentary Bureau, submit the registration certificate or refuse to register. The grounds for refusing to register may be a violation of the requirements of paragraph 1 and/or paragraph 2 of this article.

4. The application and the draft law submitted by the initiative group shall be published on the website of Parliament after the registration certificate is transferred to the initiative group.

5. The initiative group shall be entitled to withdraw the application on registration before the receipt of the the registration certificate.

6. From the day of receiving the registration certificate, the initiative group shall be entitled to start collecting signatures of supporters of the draft law in the following form(s):

a) filling in signature papers;

b) collecting qualified electronic signatures, as provided for by the Law of Georgia on Electronic Documents and Electronic Trust Services, on the website of Parliament.

7. Each paper in a form determined by the Procedural Issues and Rules Committee of the Parliament for collecting signatures shall be signed by not more than 50 voters. To ensure the validity of signatures, a person in charge shall note the following data on a voter: the name, the surname, the day/month/year of birth, the address, the personal number, the telephone number and the date of signature. The voter shall confirm the data by signature. A person in charge of collecting signatures shall confirm each such paper by signature, which person shall be responsible for the validity of signatures and be liable for the falsification of signatures. The signature of each responsible person shall be certified by a notary. In addition, in one municipality, a single notarial certification of the signature of a person in charge of collecting signatures shall suffice. All other signature papers confirmed by his/her signature shall not need notarial certification in the same municipality.

8. To collect qualified electronic signatures, a draft law of Georgia shall be placed on the website of Parliament. Before adding a qualified electronic signature, a voter shall electronically indicate a telephone number in the relevant field of the website and add a qualified electronic signature.

9. For the purposes provided for by this article, the Procedural Issues and Rules Committee of the Parliament shall use the following data on a signatory included in the electronic database of the LEPL Public Service Development Agency operating under the Ministry of Justice of Georgia: the name, the surname, the personal number, the date of birth, the address and the citizenship.

10. Within 45 days after receiving the registration certificate, an initiative group shall apply to the Parliamentary Bureau with an application and shall submit one of the following:

a) signature papers filled in by at least 25 000 voters;

b) information on collecting qualified electronic signatures of at least 25 000 voters;

c) filled in signature papers and information on collected qualified electronic signatures confirming the signatures of at least 25 000 voters.

11. Filled in signature papers and information on collected qualified electronic signatures shall be submitted to the nearest session of the Parliamentary Bureau, which shall transfer them to the Procedural Issues and Rules Committee of the Parliament to check the authenticity of signatures.

12. The Procedural Issues and Rules Committee of the Parliament shall check the authenticity of signatures on a random basis and submit the results to the nearest session of the Parliamentary Bureau, within 2 weeks after receiving signature papers and information on collected qualified electronic signatures. Should it be established that signatures have been made in violation of the requirements of this Chapter and this results in the reduction of the number of authentic signatures to less than 25 000, the Parliamentary Bureau shall refuse the initiative group the right to submit the draft law to Parliament for consideration on the basis of a negative opinion of the Procedural Issues and Rules Committee of the Parliament. Accordingly, the exercise of the right to submit a draft law shall be deemed rejected.

13. A signature shall be considered void if:

a) it is made on a paper which is not in a determined form and/or which is not confirmed or verified in accordance with the procedure established by paragraph 7 of this article;

b) where made on a signature paper, it does not include the data determined by paragraph 7 of this article;

c) it is made by deception, intimidation, under pressure or by another person, if the same is confirmed by the voter in writing;

d) it is made by a person who does not meet the requirements established for voters by the Constitution of Georgia;

e) in the case of qualified electronic signature, it is not made in accordance with the Law of Georgia on Electronic Documents and Electronic Trust Services.

14. Where an initiative group is refused the right to submit a draft law, it shall be entitled to apply to a court within 5 days.

15. The opinion of the Procedural Issues and Rules Committee of the Parliament on the authenticity of signatures of voters and the presented draft law shall be submitted to the Parliamentary Bureau, and the signature papers of voters shall be transferred to the Organisational Department of the Staff of the Parliament.

16. Parliament shall consider a draft law submitted on the initiative of at least 25 000 voters in accordance with the procedure established by the Rules of Procedure.

 

Article 128 – Approval of the Constitution of the Autonomous Republic of Ajara

1. For the purpose of approving the Constitution of the Autonomous Republic of Ajara, the Supreme Council of the Autonomous Republic of Ajara shall submit to Parliament as a legislative initiative a draft Organic Law of Georgia on the Approval of the Constitution of the Autonomous Republic of Ajara, and the Constitution of the Autonomous Republic of Ajara adopted by the Supreme Council of the Autonomous Republic of Ajara, in accordance with the established procedure.

2. The Constitution of the Autonomous Republic of Ajara shall be approved by Parliament through the Organic Law of Georgia on the Approval of the Constitution of the Autonomous Republic of Ajara , through the consideration and approval by first hearing, in accordance with the procedure established for considering a draft law by first hearing.

 

Chapter XI − Resolution of Parliament

 

Article 129 – Content of a resolution of Parliament

1. All decisions of Parliament shall be documented by a resolution.

2. A resolution of Parliament may be of individual or normative nature.

3. All matters related to the activities of Parliament, which are not regulated by the Rules of Procedure or another normative act, shall be resolved by Parliament through a resolution.

 

Article 130 – Procedure for adopting a resolution of Parliament

1. A draft resolution of Parliament shall be submitted to Parliament and shall be considered in accordance with the procedure established by the Rules of Procedure for submitting a draft law to Parliament and for its consideration by committee.

2. A draft resolution of Parliament shall be considered at a parliamentary plenary session by one hearing, in accordance with the procedure established for considering a draft law by first hearing.

3. A resolution of Parliament shall be deemed adopted if supported by a majority of members attending a plenary session, but not less than one third of the full composition of Parliament, unless otherwise provided for by a legislative act.

4. The date of adopting the final version of a resolution by Parliament shall be considered the date of its adoption.

 

Article 131 – Promulgation and entry into force of a resolution of Parliament

1. A resolution of Parliament, except for a resolution of normative nature, shall enter into force upon its adoption, unless a different time frame is determined by the said resolution. A resolution of Parliament of a normative nature shall be officially promulgated on the website of the LEPL Legislative Herald of Georgia and shall enter into force upon its promulgation, unless a different time frame is determined by the said resolution.

2. A resolution of Parliament shall be placed on the website of Parliament.

 

Article 132 – Concept

1. A concept is a decision made by Parliament on determining the main directions of state policy, and is approved by Parliament by means of a resolution.

2. A draft concept shall be submitted to Parliament in accordance with the procedure established by the Rules of Procedure for submitting a draft law to Parliament. A draft concept may be initiated by no less than one fifth of all MPs, except for the cases determined by legislative acts of Georgia. Parliament shall approve a concept by resolution in accordance with the procedure established by Article 130 of the Rules of Procedure, unless otherwise provided for by said article.

3. A concept submitted to Parliament shall be transferred to the nearest session of the Parliamentary Bureau, which shall make a decision on the commencement of the procedure for considering the concept and determine a Leading Committee, as well as committees whose opinions shall be attached to the concept. After the Parliamentary Bureau makes a decision, the concept shall be transferred for consideration to the Leading Committee, other committees, factions, non-faction MPs, and the Legal Department of the Staff of the Parliament.

4. Parliamentary committees, factions, non-faction MPs and the Legal Department of the Staff of the Parliament shall consider the concept and submit reasoned opinions regarding the concept to the Leading Committee within not later than 10 days, and the Leading Committee shall transfer the concept and the opinions related thereto to the Parliamentary Bureau to put the concept on the agenda of a parliamentary plenary session.

5. Parliament shall approve a concept by a majority of its full composition.

6. If Parliament does not approve a concept, it shall be considered at a meeting of the Chairperson of Parliament, his/her Deputies, the Chairpersons of committees and factions, the leaders of the majority and the minority, and the initiator of the concept or a person authorised by the initiator, and thereafter it shall be considered again at a parliamentary plenary session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter XII − Budgetary Powers of Parliament

 

Article 133 – Main powers of the Financial and Budgetary Committee of Parliament

Within the scope of competence of Parliament, the process of adoption of the State Budget and the introduction of changes thereto shall be managed by the Financial and Budgetary Committee of Parliament.

 

Article 134 – Consideration of the main macroeconomic forecasts and basic directions of the ministries of Georgia

1. To agree main data and directions with parliamentary committees, in accordance with the Budgetary Code of Georgia, the Government of Georgia shall submit information on the main macroeconomic forecasts and basic directions of the ministries of Georgia to Parliament before 1 June of each year.

2. The consideration and agreement of information on the main macroeconomic forecasts and basic directions of the ministries of Georgia shall be organised by the Financial and Budgetary Committee of Parliament, which is authorised to request and receive necessary information from the Government of Georgia, the ministries of Georgia, other agencies, and other institutions of the executive authority.

3. As a rule, parliamentary committees shall consider information on the main macroeconomic forecasts and basic directions of the ministries of Georgia by their areas and shall prepare appropriate opinions. The opinions shall be submitted to the Financial and Budgetary Committee of Parliament not later than 18 June. The Financial and Budgetary Committee of Parliament shall send the opinions to the Government of Georgia together with its opinion not later than 20 June.

 

Article 135 – Submission of the draft law on the State Budget to Parliament and its availability

1. Not later than 1 October, the Government of Georgia shall submit to Parliament a draft law on the State Budget together with materials provided for by the legislation of Georgia (including a report on the implementation of the State Budget of the current year) and a document of the main data and directions of the country complying with the draft law on the State Budget.

2. The draft law on the State Budget, together with attached materials and a document of the main data and directions of the country complying with the draft law on the State Budget, shall be published on the website of Parliament upon its submission.

3. Materials attached to a draft law on the State Budget (except for a package of legislative amendments necessary for the entry into force of the Annual Budgetary Law) shall be only of an informative nature and need not be approved by Parliament.

 

Article 136 – Commencement of the procedure for consideration of a draft law on the State Budget

1. The Financial and Budgetary Committee of the Parliament shall ensure that a schedule for considering a draft law on the State Budget, a report of the Government of Georgia and a document on the main data and directions of the country is drawn up, within 2 days after receiving the draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget of the current year, and the document on the main data and directions of the country complying with the draft law on the State Budget, after a meeting between the Chairperson of Parliament and the representatives of parliamentary committees and factions.

2. Upon receipt, the draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget, and the document on the main data and directions of the country complying with the draft law on the State Budget, shall be sent to the National Bank of Georgia and the State Audit Office.

3. The draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget, and the document on the main data and directions of the country complying with the draft law on the State Budget, and a schedule of their consideration, shall be sent to parliamentary committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament on the day following the drawing up of the schedule. Only the schedule of the said consideration shall be sent to the Government of Georgia, the National Bank of Georgia and the State Audit Office.

4. The draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget, and the document on the main data and directions of the country complying with the draft law on the State Budget, shall be considered by parliamentary committees (except for the Financial and Budgetary Committee of Parliament), factions, non-faction MPs, the Legal Department of the Staff of the Parliament, and the Budgetary Office of the Parliament, within 2 weeks after they are published on the website of Parliament, and appropriate opinions shall be prepared. The opinions shall be sent to the Financial and Budgetary Committee of the Parliament.

5. Within 2 weeks after transferring the documents referred to in paragraph 1 of this article, the State Audit Office shall submit to Parliament the opinion on the draft law on the State Budget and the relevance and legitimacy of receipts and payables provided for by this draft law, as well as a report on the report of the Government of Georgia on the implementation of the State Budget of the current year, and the National Bank of Georgia shall submit an opinion on the main parameters of the draft law on the State Budget.

6. The review of the documents provided for by paragraph 1 of this article through the established procedure shall be organised by the Financial and Budgetary Committee of Parliament which, where required, shall be authorised to request and receive necessary information from the Government of Georgia, the ministries of Georgia, other agencies, and other institutions of the executive authority. The Financial and Budgetary Committee of Parliament shall submit to the Chairperson of Parliament information on the progress of the process of consideration, once a week.

7. A draft law on the State Budget, a report of the Government of Georgia on the implementation of the State Budget, and a document on the main data and directions of the country complying with the draft law on the State Budget, shall be submitted by the minister or the deputy minister of the relevant ministry, together with the Minister or the Deputy Minister of Finance of Georgia. Their reviews shall be attended by the General Auditor or the Deputy General Auditor.

8. Any part of a draft law on the State Budget related to state secrets shall be considered by a trust group. During the consideration of the draft law on the State Budget, the trust group shall submit to the Financial and Budgetary Committee of Parliament its opinions on issues within its scope of authority which are related to special programmes, and amounts to be provided by the State Budget for the said programmes.

9. The Financial and Budgetary Committee of Parliament shall consider and evaluate the opinions of other committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament, as well as opinions of the National Bank of Georgia and the State Audit Office, and shall prepare a final opinion on the basis of the said opinions, its own comments and opinions, and shall submit it to the Chairperson of Parliament not later than 20 October.

10. The Chairperson of Parliament shall send the opinion of the Financial and Budgetary Committee of the Parliament on the draft law on the State Budget to the Government of Georgia, within 2 days after receipt but not later than 22 October. The comments provided in the opinion of the Financial and Budgetary Committee of Parliament with regard to the 3 budgetary years following the planning provided for by the document on the main data and directions of the country complying with the draft law on the State Budget shall be of a recommendatory nature.

11. The Government of Georgia shall submit revised versions of the law of Georgia on the State Budget (each page of which shall be authorised by a person responsible for its preparation) and the document on the main data and directions of the country to Parliament for consideration not later than 5 November. The draft law shall be attached by information on proposals and comments, indicating to what extent each of them has been taken into account.

12. Proposals and comments with regard to which the Government of Georgia has given its consent shall be included in the draft law on the State Budget.

13. Revised versions of a draft law of the State Budget and a document on the main data and directions of the country shall be published on the website of Parliament upon their receipt by Parliament. In addition, they shall be sent to the National Bank of Georgia and the State Audit Office, and to parliamentary committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament, and the Budgetary Office of the Parliament, within 2 days after their receipt.

14. Within 5 days after the receipt of the documents provided for by paragraph 11 of this article, the State Audit Office shall submit to Parliament an opinion on the revised version of the draft law on the State Budget and the relevance and legitimacy of the receipts and payables provided for by the said draft law, and the National Bank of Georgia shall submit an opinion on the main parameters of the revised version of the draft law on the State Budget.

15. Revised versions of the draft law on the State Budget and the document on the main data and directions of the country shall be considered, and relevant opinions shall be prepared by parliamentary committees participating in the consideration (except for the Financial and Budgetary Committee), factions, non-faction MPs and the Legal Department of the Staff of the Parliament, within 3 days after their transfer. The revised versions of the draft law on the State Budget and the document on the main data and directions of the country shall be also considered, and a relevant opinion prepared, by the Budgetary Office of the Parliament within 3 days after their transfer. The opinions shall be sent to the Financial and Budgetary Committee of the Parliament.

16. The Financial and Budgetary Committee of Parliament shall consider revised versions of the draft law on the State Budget and a document on the main data and directions of the country, and consider and evaluate the opinions of other committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament, and the Budgetary Office of the Parliament, as well as the opinions of the National Bank of Georgia and the State Audit Office, and shall prepare a final opinion on the basis of the said opinions, its own comments and opinions, and shall submit same to the Chairperson of Parliament and the Parliamentary Bureau.

17. After the Financial and Budgetary Committee submits the opinion to Parliament and the Parliamentary Bureau, but not later than 18 November, Parliament shall consider the draft law on the State Budget at a plenary session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 137 – Considering the revised version of the draft law on the State Budget at a plenary session

1. A draft law on the State Budget shall be considered at a parliamentary plenary session by one hearing, in accordance with the procedure established by this Chapter.

2. A draft law on the State Budget and a report on the implementation of the State Budget of the current year shall be submitted by the Prime Minister of Georgia and/or other member(s) of the Government of Georgia, as per the instructions of the Prime Minister of Georgia.

3. When submitting a draft law on the State Budget and a report on the implementation of the State Budget of the current year, a member/members of the Government of Georgia may speak for not more than 60 minutes, which may be extended at the request of the speaker. After the completion of the report of a member/members of the Government of Georgia, a co-speaker, who is a representative of the Financial and Budgetary Committee of the Parliament, shall speak for not more than 30 minutes.

4. A speech on a draft law of the State Budget, that may be no longer than 30 minutes, shall be delivered by:

a) the President of the National Bank of Georgia, who shall present an opinion on main parameters of the revised version of the draft law on the State Budget;

b) the General Auditor, who shall present an opinion on the draft law on the State Budget and the relevance and legitimacy of receipts and payables provided for by the said draft law, as well as a report on the report of the Government of Georgia on the implementation of the State Budget for the current year.

5. After the completion of speeches, consideration shall take place in accordance with the procedure established by the Rules of Procedure for considering a draft law by first hearing.

6. After the completion of consideration, the Chairperson of the parliamentary plenary session shall announce a break during the consideration of the draft law on the State Budget.

7. Within 2 days from announcing the break during the consideration of the draft law on the State Budget, but not later than 20 November, the Chairperson of Parliament shall send to the Government of Georgia the opinion of the Financial and Budgetary Committee of Parliament, together with a shorthand record reflecting the comments made during consideration at the plenary session.

 

Article 138 – Considering the final version of a draft law on the State Budget

1. After transferring the opinion provided for by Article 137(7) of the Rules of Procedure, but not later than 30 November, the Government of Georgia shall submit to Parliament the final versions of the draft law on the State Budget (with each page authorised by a person responsible for its preparation) and a document on the main data and directions of the country, together with information on the status of the proposals and comments offered at the parliamentary plenary session being taken into account, which shall be published on the website of Parliament upon its receipt and shall be sent to the National Bank of Georgia and the State Audit Office.

2. Within 5 days of receipt, the State Audit Office shall submit to Parliament an opinion on the final version of the draft law on the State Budget, and the relevance and legitimacy of receipts and payables provided for by the draft law, and the National Bank of Georgia shall submit an opinion on the main parameters of the final version of the draft law of the State Budget.

3. Before considering a draft law on the State Budget at a parliamentary plenary session, the Financial and Budgetary Committee shall consider the final version of the draft law on the State Budget and shall submit its opinion to the Parliamentary Bureau.

4. Parliament shall consider a draft law on the State Budget at a parliamentary plenary session not earlier than 5 days after the Government of Georgia submits the final version of the draft law. The consideration of the said draft law shall be followed by the speech/speeches of a member/members of the Government of Georgia, which shall last for not more than 60 minutes.

5. Parliament shall consider a draft law on the State Budget at a parliamentary plenary session in accordance with the procedure established by the Rules of Procedure for considering a draft law by first hearing, taking into account paragraphs 4 and 6 of this article.

6. After the completion of speeches, a member/members of the Government of Georgia shall deliver the final speech which shall not last more than 30 minutes.

7. The Parliament shall adopt the Law on the State Budget by a majority of its full composition. A draft law on the State Budget shall be put to the vote not later than the third Friday of December.

8. In Parliament, the draft law on the State Budget may be amended by the consent of the Government of Georgia. In such case, the Government of Georgia shall submit to Parliament an amended draft law complying with the Law on the State Budget. The draft law on the State Budget may be also amended during its consideration at a parliamentary plenary session if a speaker agrees with the comment expressed.

9. If Parliament fails to adopt the Law on the State Budget not later than the third Friday of December, the same version of the draft law on the State Budget or the revised version of the draft law may be put to the vote again with the participation of the Government of Georgia and the Financial and Budgetary Committee of the Parliament, within 10 days but not later than 31 December.

10. The Law on the State Budget shall be promulgated in accordance with the established procedure. The Law on the State Budget and its annexes shall be available to the public.

11. Not later than 1 month after the beginning of a planning year, the Ministry of Finance of Georgia, on the basis of information received from municipalities and autonomous republics, shall ensure the preparation of the final, detailed version of the document on the main data and directions of the country and the submission thereof to the Financial and Budgetary Committee of Parliament in the form of information.

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 139 – Consideration of amendments to the Law on the State Budget in a committee

1. A draft law on introducing an amendment to the Law on the State Budget shall be considered in accordance with Article 136 of the Rules of Procedure unless otherwise provided for by this article.

2. The draft law on introducing an amendment to the Law on the State Budget shall be published on the website of Parliament upon its receipt from the Government of Georgia. Within 2 days after the receipt of the draft law, the Parliamentary Bureau shall review the schedule of consideration of the draft law on introducing an amendment to the Law on the State Budget submitted by the Chairperson of the Financial and Budgetary Committee of Parliament and shall submit it to the Chairperson of Parliament.

3. The schedule of consideration of the draft law on introducing an amendment to the Law on the State Budget shall determine the time frame for considering a draft budget by parliamentary subjects considering the draft budget and the time frame for submitting opinions, as well as an approximate time frame for considering and adopting the said draft budget at a parliamentary plenary session.

4. Within 10 days after the Government of Georgia submits to Parliament the draft law on introducing an amendment to the Law on the State Budget, the Chairperson of Parliament shall send to the Government of Georgia the opinion of the Financial and Budgetary Committee.

5. The Government of Georgia shall submit the revised version of the draft law on introducing an amendment to the Law on the State Budget (each page of which shall be authorised by a person responsible for the preparation of the draft law) to Parliament for consideration not later than 5 days after the receipt of the opinion. The draft law shall be attached by information on submitted proposals and comments, indicating to what extent each of the proposals and comments has been taken into account.

6. The revised version of the draft law on introducing an amendment to the Law on the State Budget shall be published on the website of Parliament upon its submission and shall be sent to the National Bank of Georgia and the State Audit Office within 1 day.

 

Article 140 – Considering an amendment to the Law on the State Budget at a plenary session

1. A draft law on amendments to the Law on the State Budget shall be considered by Parliament at a plenary session in accordance with the procedure established by Articles 137 and 138 of the Rules of Procedure, not later than 7 days from submitting the revised version of the draft law by the Government of Georgia.

2. After the completion of speeches, an authorised person shall deliver a final speech, which shall not last more than 30 minutes.

3. Parliament shall adopt the law on the introduction of amendments to the Law on the State Budget by one hearing, with the participation of the majority of the full composition of Parliament.

4. If Parliament fails to adopt a law on the introduction of amendments to the Law on the State Budget, the same version of the law on the introduction of amendments to the State Budget, or the revised version of the draft law, may be put to the vote repeatedly with the participation of the conciliation committee of the Government of Georgia and the members of the Financial and Budgetary Committee of the Parliament.

5. The law on the introduction of amendments to the Law on the State Budget shall be promulgated in accordance with the established procedure.

 

Article 141 – Consideration of a quarterly report on the execution of the State Budget

1. Parliament shall carry out general and consistent control of the execution of the State Budget through the Financial and Budgetary Committee of the Parliament. As a rule, other committees shall carry out the control of the budget execution according to their fields of competence.

2. Within one month after the end of each quarter, the Ministry of Finance of Georgia shall submit to Parliament a quarterly review of the execution of the State Budget with a cumulative sum.

3. As a rule, during a budgetary year, the review of the execution of the State Budget shall be considered by the Financial and Budgetary Committee of the Parliament, whereas other committees shall consider the review according to their fields of competence. Subjects considering the review shall be entitled to request and receive additional information on the execution of the State Budget from relevant state agencies. Review by committees shall be organised by the Financial and Budgetary Committee of the Parliament. By a decision of the Financial and Budgetary Committee of the Parliament, the results of the consideration shall be submitted to Parliament, and may be considered by Parliament.

 

Article 142 – Considering the annual report on the execution of the State Budget

1. The Government of Georgia shall submit an annual report on the execution of the State Budget to Parliament for approval upon the delivery of information on the completion of the speech about the report by the State Audit Office, but not later than 5 months after the end of the budgetary year. The Staff of the Parliament shall send an annual report on the State Budget execution to the National Bank of Georgia in accordance with the procedure established by the Rules of Procedure.

2. The State Audit Office shall deliver to Parliament a speech on the report within 50 days after transferring an annual report on the execution of the State Budget by the Government of Georgia.

3. A report on the execution of the State Budget and a statement of the State Audit Office on the report shall be considered by:

a) the Financial and Budgetary Committee of the Parliament, whereas other committees, as a rule, shall consider it according to their fields of competence;

b) factions and non-faction MPs.

4. A report on the execution of the State Budget and a statement of the State Audit Office on the said report shall be considered by Parliament not later than the completion of the spring session.

5. The Staff of the Parliament shall transfer copies of the report on the execution of the State Budget and a statement of the State Audit Office on the said report to the Financial and Budgetary Committee of the Parliament, other committees, factions, non-faction MPs, and the Budgetary Office of the Parliament, not later than 3 days after their receipt, and shall send them to the National Bank of Georgia, as well as an annual report on the execution of the State Budget to the State Audit Office. The Financial and Budgetary Committee of the Parliament shall determine the schedule of consideration of the annual report on the execution of the State Budget within 2 days after receiving the report and the statement of the State Audit Office on the the report, and shall send it to parliamentary committees and factions, as well as to the Government of Georgia, the State Audit Office, and the National Bank of Georgia. The Financial and Budgetary Committee of the Parliament, other committees according their fields of competence, factions, and the Budgetary Office of the Parliament, shall consider a report on the execution of the State Budget and the statement of the State Audit Office on the said report for 2 weeks, and shall prepare appropriate opinions.

6. The opinions of the Financial and Budgetary Committee of the Parliament, other committees, and factions, shall be submitted to a parliamentary plenary session. After completion of the consideration of the annual report on the execution of the State Budget, the statement of the State Audit Office on the said report, the reports of parliamentary committees and factions, and those of factions, and after completion of the parliamentary debate carried out in accordance with the procedure determined by the Rules of Procedure for considering draft laws by first hearing, the Parliament shall adopt the resolution on the annual report on the execution of the State Budget. Parliament shall approve the report on the execution of the State Budget if it accurately and completely reflects the receipts and payables of the State Budget of the previous budgetary year, and their legitimacy. Otherwise, Parliament may not approve the annual report on the execution of the State Budget. Parliament shall adopt a resolution on the approval or disapproval of the annual report on the execution of the State Budget before the completion of the spring session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 143 – Formation of the budget of Parliament

1. The formation of the draft budget of Parliament and its submission to the Government of Georgia shall be ensured by Parliament before the start of the budgetary year, namely not later than 15 June.

2. The formation of the draft budget of Parliament shall be generally managed and coordinated by the Chairperson of Parliament. The draft budget of Parliament shall be formed on the basis of proposals of appropriate committees, factions, the Board of Treasurers and the Staff of the Parliament. The draft budget shall be submitted by the Financial and Budgetary Committee to Parliament for approval. In the draft budget of Parliament (programme classification code – 0101), the volume of financing specified for Parliament may be decreased only with the prior consent of Parliament. It shall be mandatory to distribute the draft budget of Parliament during its consideration at a parliamentary plenary session. The draft budget of Parliament shall reflect information on the financial operations of budgetary expenses and non-financial assets according to the main groups of budgetary classification.

3. The volume of allocations designated for Parliament in the State Budget may be decreased compared to the respective volume of previous and current years only with the prior consent of Parliament. Parliament shall make a decision at its sole discretion on the distribution of budgetary funds allocated in the State Budget for Parliament. Unless the volume of budgetary funds exceeds 15% of budgetary funds allocated for Parliament, the decision on the distribution of budgetary funds allocated in the State Budget for Parliament shall be made by the Chairperson of Parliament, whereas in other cases, such decision shall be made by Parliament by a resolution.

4. The decision on administering the savings in the payroll fund shall be taken by the Chairperson of Parliament on the basis of a submission by the Finance Supplies Department of the Staff of the Parliament and a recommendation of the Board of Treasurers of Parliament.

5. A special fund may be established in Parliament within the budgetary allocations, where the amount withheld from the salary of an MP shall be reflected, in the cases provided for by the Rules of Procedure. MPs shall be entitled to cede their salary in favour of the fund. The decision on the disposal of amounts reflected in the said fund shall be taken by the Chairperson of Parliament on his/her initiative or on the basis of a proposal of the Board of Treasurers. The Chairperson of Parliament shall deliver information on his/her decision to the Parliamentary Bureau.

 

Article 144 – Formation of budgets of the State Council of Heraldry operating within Parliament and the National Library of Georgia

1. The budgets of the State Council of Heraldry operating within Parliament and the National Library of Georgia shall be formed and submitted to the Government of Georgia by the Chairperson of Parliament.

2. Before 1 May, the Chairpersons of the State Council of Heraldry operating within Parliament and the National Library of Georgia shall submit to Parliament draft budget statements for the following year on the budget estimates and the maximum number of employees.

3. The submitted draft budget statements, together with an appropriate opinion of the Finance Supplies Department of the Staff of the Parliament, shall be considered by the Financial and Budgetary Committee of the Parliament for 3 weeks, and the latter shall submit an appropriate decision to the Chairperson of Parliament. The Chairperson of Parliament shall send the draft budget statements with an appropriate decision to the Government of Georgia not later than 15 June.

 

Article 145 – Formation of the budget of the Research Centre operating within Parliament

1. The submission of the budget for the following year of the Research Centre operating within Parliament shall be ensured by Parliament.

2. Before 1 May, the Director of the Research Centre operating within Parliament shall submit to Parliament a budget statement for the following year on the budget estimates and the maximum number of employees.

3. The submitted draft budget statement with an appropriate opinion of the Finance Supplies Department shall be considered by the Financial and Budgetary Committee of Parliament for 3 weeks, and the latter shall submit its appropriate decision to the Chairperson of Parliament. The Chairperson of Parliament shall send the draft budget statement with the appropriate decision to the Government of Georgia not later than 15 June.

 

Article 146 – Formation of the budget of the State Audit Office

1. The submission of the budget for the following year of the State Audit Office shall be ensured by Parliament.

2. Before 1 May, the General Auditor shall submit to Parliament a budget statement for the following year on the budget estimates and the maximum number of employees.

3. The Financial and Budgetary Committee of Parliament shall consider the submitted budget statements for 3 weeks and take a decision, which it shall submit to Parliament for consideration. It shall be mandatory to distribute the draft budget of the State Audit Office when considering it at a parliamentary plenary session.

4. After consideration by Parliament, the budget of the State Audit Office shall be submitted to the Government of Georgia not later than 15 June, in order to be included in the draft State Budget.

5. When approving the maximum volume of expenses of the State Audit Office, it shall be taken into account that it may not be less than the volume approved in the previous budgetary year; moreover, the expenses of the State Audit Office compared to the expenses of the previous budgetary year may be reduced on the basis of the prior written consent of the Parliamentary Bureau.

 

Article 147 – Formation of the budget of the CEC

1. The submission of the budget of the CEC for the following year shall be ensured by Parliament.

2. Before 1 May, the CEC shall submit to Parliament a draft budget statement for the following year on the budget estimates and the maximum number of employees.

3. The Financial and Budgetary Committee of Parliament shall consider the submitted budget statements for 3 weeks and take a decision, which shall be submitted to Parliament for consideration.

4. After being considered by Parliament, the budget of the CEC shall be submitted to the Government of Georgia not later than 15 June, in order to be included in the draft State Budget.

 

Chapter XIII − Parliamentary Control

 

Article 148 – Questions of MPs

1. An MP shall be entitled to address with a question the Government of Georgia, other bodies accountable to Parliament, a member of the Government, government bodies of territorial units at any level, and state institutions. Giving timely and complete answers shall be obligatory.

2. A question shall be given in writing. The content of the question shall be related to an issue within the scope of authority of the addressee.

3. The question shall be submitted to the Staff of the Parliament, which shall record it and immediately publish it on the website of Parliament. The Staff of the Parliament shall deliver the question to the addressee not later than 1 day after its submission.

4. Each body or official who has been addressed with a question is obliged to submit to Parliament a complete written answer within 15 days after receiving the question. The time limit for responding to the question by a relevant person may be extended by 10 days, in agreement with the author of the question. The answer to the question shall be signed only by the head of the relevant institution or a relevant member of the Government of Georgia provided for by paragraph 1 of this article.

5. An official shall be entitled not to specify in the answer to a question any information containing a state secret.

6. An MP shall be entitled to withdraw a question at any time.

7. The answer to a question shall be transferred by the Staff of the Parliament to the author of the question and shall be published on the website of Parliament, except for confidential information. Where the time frame for answering the question expires, the fact of expiry of the time frame shall be specified in its publication.

 

Article 149 – Interpellation

1. A group composed of at least 7 MPs, and a faction, shall be entitled to ask a question to the Government of Georgia, other bodies accountable to Parliament, members of the Government (the ‘addressee’) through the procedure of interpellation.

2. The question shall be in writing. The content of the question shall be specific and shall be related to an issue within the scope of authority of the addressee.

3. The question shall be submitted to the Staff of the Parliament, which shall record and transfer it to the addressee within not later than 1 day.

4. The addressee is obliged to answer the question personally at a parliamentary plenary session, and to submit a written answer to the plenary session. The answer to the question shall be signed only by the head of relevant institution or a relevant member of the Government of Georgia provided for by this article.

5. As a rule, the addressee of a question asked through the procedure of interpellation shall appear before Parliament twice during each regular session, respectively, on the Friday of the last week of March and May in the spring plenary session, and of September and November in the autumn plenary session, and shall answer all questions transferred to him/her not later than 10 days before the said time.

6. The author of the question shall be entitled to withdraw the question at any time. In this case, the addressee shall not appear before Parliament.

7. If more than two questions are submitted through the procedure of interpellation, the Parliamentary Bureau shall proportionally reduce the time provided for in paragraphs 8-10 of this article so that the time allocated to all procedures provided for in this article corresponds to the total time for two questions referred to in the same article.

8. At a parliamentary plenary session, the author of the question shall be initially given 10 minutes, whereas, the addressee shall be given 20 minutes, which may be extended for not more than 10 minutes.

9. The author of the question shall be entitled to address the addressee with a clarifying question, for not more than 3 minutes. To clarify the answer, the addressee shall be given not more than 10 minutes.

10. After the completion of the procedure provided for by paragraph 9 of this article, debates shall be held in the following manner: each faction shall be given a number of minutes that are equal to the number of its members, but not less than 15 and not more than 75 minutes, and each non-faction member shall be given 3 minutes. Non – faction MPs nominated by one political party may devote each other's time designated for their speeches so that the duration of the speech / speeches of the respective MP/ MPs does not exceed a total of 15 minutes. First, speeches shall be delivered by non-faction MPs, followed by the representatives of the factions included in the parliamentary opposition, and finally the representatives of the factions included in the parliamentary majority. A faction shall determine the number of speakers during the time allocated for them and the scheme for distributing their time. A speech without the permission of the Chairperson of the plenary session shall not be allowed. The time allocated to speakers may not be increased. After debates, the addressee shall be given 20 minutes for the final speech.

11. After completion of the debates and the final speech of the addressee, a resolution may be adopted.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 150 – Annual report of the Prime Minister of Georgia

1. The Prime Minister of Georgia is obliged to submit to Parliament a report on the implementation of the governmental programme once a year, in the last month of the plenary sessions of the spring session. The said report shall be submitted to Parliament in writing before 1 June.

2. The exact time of presenting a report by the Prime Minister of Georgia shall be determined by the Parliamentary Bureau in agreement with the Prime Minister of Georgia.

3. After the end of the report of the Prime Minister of Georgia, the report shall be considered in accordance with the procedure for the consideration of a draft law by first hearing. After the consideration, a resolution may be adopted.

 

Article 151 – Report of the Prime Minister of Georgia

1. Parliament shall be entitled to request the Prime Minister of Georgia to submit a report on the implementation of a certain aspect of the governmental programme. Parliament shall take a decision on requesting the submission of the report on the basis of a request from a committee or a faction by a majority of votes of members attending a plenary session, but by not less than one third of the full composition of Parliament, which shall be registered in the form of a record of the session and shall be immediately sent to the addressee.

2. The Prime Minister of Georgia shall submit to Parliament the report provided for by paragraph 1 of this article in writing, within 2 weeks after receiving an appropriate request, and shall submit to Parliament the relevant report within not later than 3 weeks. The exact time for submitting to Parliament the report by the Prime Minister of Georgia shall be determined by the Parliamentary Bureau in agreement with the Prime Minister of Georgia.

3. The report referred to in this article shall be considered in accordance with the procedure for considering a draft law by first hearing. After the consideration, a resolution may be adopted.

 

Article 152 – Appearance of an official before a plenary session

1. Parliament, by a majority of votes of members attending a plenary session, but by not less than one third of the full composition of Parliament, shall summon to a plenary session a member of the Government, an official accountable to Parliament, or the head of a body accountable to Parliament, on the basis of a request from a committee or a faction. Said officials are obliged to appear before a plenary session, answer the questions put at the session in accordance with the provisions of this article, and submit a report on performed activities. A decision of Parliament shall be immediately sent to the addressee.

2. As a rule, a person referred to in paragraph 1 of this article shall appear before Parliament on the Friday of the last week of the plenary sessions of each month and shall report on the issues transferred to him/her not later than 10 days before the said time.

3. An official shall be given 30 minutes to deliver a speech regarding an issue determined by paragraph 1 of this article.

4. After the completion of the speech of the official, MPs shall have the right to ask questions for 30 minutes regarding the report, and to hear answers. The time allocated for the author of each question shall not exceed 2 minutes, which may be extended by 30 seconds, without the right to clarification. An MP shall be entitled to ask a question only once. After questions have been asked, the official shall answer each question asked by MPs separately.

5. After the completion of the speech delivered by the official and the process of putting questions and giving answers, political debates shall be held in accordance with the procedure established by Article 93(2) and (3) of the Rules of Procedure. After the debates, the official shall be given 15 minutes for the final speech.

6. After hearing the official, Parliament may adopt a resolution.

 

Article 153 – Ministerial Hour

1. The Ministerial Hour entails the reporting, once a year, by certain members of the Government (except for the Prime Minister of Georgia), before a plenary session of Parliament on respective components of the implementation of the government programme.

2. The schedule of reporting by certain members of the Government of Georgia before Parliament, in agreement with the members of the Government, and taking into account the initiatives of parliamentary committees, shall be determined by the Parliamentary Bureau before the beginning of the spring session. As appropriate, amendments may be introduced to the schedule. The schedule shall be made so that at least one Ministerial Hour is held in at least each two weeks of the plenary sessions (except for the week of hearing the annual report of the Prime Minister of Georgia).

3. The Ministerial Hour shall begin with the speech of a member of the Government of Georgia, who shall be given 45 minutes.

4. The report of the member of the Government of Georgia shall be considered by Parliament in accordance with the procedure for considering a draft law by first hearing as provided for by the Rules of Procedure.

 

Article 154 – Hearing of members of the Government of Georgia and other officials

1. A member of the Government of Georgia, an official accountable to Parliament, the head of a body accountable to Parliament, and the Public Defender of Georgia, shall be heard by Parliament upon request.

2. The officials referred to in paragraph 1 of this article are obliged to submit in writing to the Chairperson of Parliament the issues on which they intend to report to Parliament, not later than 3 days before reporting to Parliament. Through the Staff of the Parliament, the Chairperson of Parliament shall ensure that a written report of an official is immediately sent to faction and non-faction MPs.

3. The speech of an official provided for by this article may not last more than 20 minutes at a parliamentary plenary session. Where required, it may be extended by the Chairperson of the session by 10 minutes.

4. After the completion of the speech of an official, the speech of the official shall be considered in accordance with the procedure for considering a draft law by first hearing, as provided for by the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 155 – Thematic inquiry

1. For the purpose of studying a topical issue and preparing an appropriate draft decision, a thematic inquiry group may be appointed by a decision of a standing council of a committee or Parliament composed of MPs, who shall elect a chief speaker from among its members.

2. A committee member shall be entitled to submit to the committee an issue/issues of thematic inquiry prepared on the basis of an analysis of received applications, current events, public interest and other important factors. A decision on starting an inquiry on the said issue/issues shall be made by a majority of the members of the committee on the list.

3. In accordance with the procedure established by paragraph 2 of this article, depending on the topical issue/issues submitted by the Chairperson of the standing council of Parliament or a member of the council, the standing council shall take a decision on starting an inquiry and appointing a thematic inquiry group.

4. The issue of a thematic inquiry and information on MPs who have confirmed their participation in the inquiry shall be submitted to the Parliamentary Bureau at the nearest session. If it is found that different committees have expressed their desire to carry out the inquiry on one and the same issue, MPs participating in the inquiry may join cause by a decision of the Parliamentary Bureau.

5. A thematic inquiry group is obliged to ensure the placement of information on starting an inquiry on the website of Parliament not later than 5 days after starting the inquiry. The information shall contain the name and a brief description of the issue, information on the MP/MPs working on the issue, as well as the procedures and deadlines for submitting opinions and appropriate documentation by interested persons.

6. A thematic inquiry group working on an issue shall develop a plan and a schedule for carrying out the inquiry on the issue, determine specialists participating in the inquiry, manage the inquiry of the issue, and shall be responsible for processing the issue and preparing a draft decision, and for examining information delivered by interested persons, for which purpose they shall be entitled to request and receive information and relevant explanations from administrative bodies, which are necessary for the proper examination of the issue. Documents obtained during the examination shall be published on the website of Parliament.

7. During the inquiry on the issue, it shall be mandatory to hold a hearing of the issue, where interested persons, specialists and experts in the relevant field, and representatives of an administrative body directly related to the issue, shall be invited. Information on holding a hearing of the issue shall be published on the website of Parliament 1 week prior to the hearing.

8. A thematic inquiry group shall prepare an opinion within three months after starting an inquiry, which shall be submitted to the Parliamentary Bureau or a committee. This time frame, where required, may be extended by 1 month, but not more than three times. The said opinion shall be submitted to the parliamentary bureau if a thematic inquiry group is composed of members of different committees, or a decision on the inquiry on the issue is taken by a standing council of Parliament. The ParliamentaryBbureau shall be authorised to put the issue on the agenda of a plenary session of Parliament. On the basis of the opinion, a relevant committee or Parliament shall develop recommendations or exercise other powers provided for by the Rules of Procedure. Recommendations and/or assignments developed by the committee or Parliament shall be sent to relevant administrative bodies and shall be published on the website of Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 156 – Parliamentary control of the defence and security sector of Georgia

Parliament shall exercise control through the Defense and Security Committee of Parliament, a trust group, and other sectoral specialisation committees, over the activities of the state sub-agency the Special Penitentiary Service, the State Security Service of Georgia, the Georgian Intelligence Service, the Special State Protection Service, and the LEPL Operative-Technical Agency of Georgia operating under the system of the Ministry of Defence of Georgia, the Ministry of Internal Affairs of Georgia, and the Ministry of Justice of Georgia, (‘the agencies operating within the defense and security sector of Georgia’).

Rules of Procedure of the Parliament of Georgia No 4619 of 29 May 2019 – website, 31.5.2019

 

Article 157 – Composition of a trust group

1. For the purpose of exercising parliamentary control over agencies in the defence and security sector of Georgia, a trust group shall be set up in the Defence and Security Parliamentary Committee in accordance with the procedure established by this article.

2. The trust group shall be composed of five members, one of which shall be the Chairperson of Defence and Security Parliamentary Committee, two of which shall be members of the faction (s) included in the parliamentary majority, and two of which shall be members of factions included in the parliamentary opposition.

3. Factions shall present to Parliament persons nominated for membership of the trust group. In the case of the nomination of more than two members for the trust group by factions in the parliamentary opposition, the members of the two factions which have more members than the other factions shall be nominated to the parliamentary plenary session. In the case of an equal number of members of factions, the member of the faction whose party received most votes in the parliamentary elections shall be nominated to the parliamentary plenary session.

31. (Deleted – 1.7.2020, No 6700).

4. (Deleted – 1.7.2020, No 6700).

5. To obtain access to a state secret, before presenting to Parliament, a person nominated for membership of the trust group shall be examined in accordance with the procedure established by the Law of Georgia on State Secrets.

6. The Parliament shall make a note of the composition of the trust group, which shall be documented in the form of a record of the session.

7. The trust group shall be chaired and represented by the Chairperson of Defence and Security Committee of the Parliament.

8. The authority of a member of the trust group nominated by a faction shall be terminated in the case of the nomination of a new candidate by the faction. The authority of the member of the trust group shall be terminated from the moment of the receipt of such notification by Parliament.

Rules of Procedure of the Parliament of Georgia No 4619 of 29 May 2019 – website, 31.5.2019

 

Article 158 – Work procedure of the trust group

1. At a session of the trust group, decisions shall be made by a majority of votes of its members. Sessions of the trust group shall be closed.

2. Sessions of the trust group shall be held as necessary. A session of the trust group shall be convened and chaired by the Chairperson of the trust group. A session of the trust group may be convened by a proposal of any member of the trust group if supported by a majority of the members of the trust group.

3. By a decision of the trust group, when convening a session, other MPs, as well as persons invited from agencies operating in the defence and security sector of Georgia, may attend the session of the trust group.

 

Article 159 – Controlling powers of Parliament in the field of defence and security

1. A trust group shall supervise secret activities and special programmes in the field of the defence and security of Georgia in accordance with the procedure established by the legislation of Georgia, except for aspects related to secret forms and methods of activity.

2. Relevant agencies are obliged, upon a request from the trust group, to submit in a timely manner all information necessary for the trust group to exercise its powers, except for the cases provided for by the legislation of Georgia. The LEPL Operative-Technical Agency shall deliver information to the trust group in accordance with the procedure established by paragraph 9 of this article.

3. Given the interests of national/public safety and the protection of state interests, appropriate agencies shall be entitled to refuse to deliver information related to current cases and measures. Moreover, it shall be restricted for relevant agencies to deliver information (including normative acts) related to secret forms and methods of activity. Within the scope of cooperation determined by international agreements, information shall be delivered to the trust group in accordance with the procedure established by the legislation of Georgia.

4. Where the delivery of information is refused, the relevant agencies are obliged to deliver a substantiated refusal to the trust group in a written form.

5. Relevant agencies shall deliver detailed information on secret state procurement to the trust group if the estimated cost of goods or services exceeds GEL 2 000 000 (two million), and the estimated cost of construction works to be procured exceeds GEL 4 000 000 (four million); moreover, and no less than once a year, they shall deliver information on performed and current secret state procurement.

6. Relevant agencies shall deliver detailed information on non-secret state procurement to the Legal Issues Committee and the Defence and Security Committee of Parliament if the estimated cost of goods or services exceeds GEL 2 000 000 (two million ), and the estimated cost of construction works to be procured exceeds GEL 4 000 000 (four million); moreover, and no less than once a year, they shall deliver information on performed and current non-secret state procurement.

7. The Prime Minister of Georgia, the Government of Georgia, and relevant agencies, are obliged to introduce to the trust group secret normative acts containing the main goals of the structure of an agency and the structural units of an agency, within two weeks after the entry of the act into the secret section of the State Registry of Normative Acts, except for the cases provided for by the legislation of Georgia. Once introduced to the trust group, the normative act shall immediately be returned to the relevant agency.

8. The Prime Minister of Georgia, the Government of Georgia, and relevant agencies, are obliged to submit to the Defence and Security Committee of the Parliament documents reflecting policy, priorities, and strategies in the defence and security field of Georgia, within two weeks after their receipt.

9. Once a year, not later than 15 April, relevant agencies shall submit to the trust group a report on secret activities performed and special programmes implemented in the previous year, and the LEPL Operative-Technical Agency shall submit a statistical and generalised report on activities performed.

10. The chairpersons of relevant agencies, or if agreed with the trust group, persons authorised thereby, shall be entitled, and upon request of the trust group, are obliged, to attend sessions of the trust group, answer questions, and submit appropriate materials and reports on performed activities.

11. With the consent of the Chairperson of the trust group, a member/members of the trust group shall be authorised to visit relevant agencies regarding issues falling within the scope of authority of the trust group. During a visit, a member/members of the trust group shall be entitled to interview employees of the agency and become familiar with information related to issues falling within the scope of authority of the trust group. In this regard, a decision of the Chairperson of the trust group shall be sent to the relevant agency prior to the visit.

12. The trust group shall be entitled to make a decision on the inspection of the LEPL Operative-Technical Agency and inspect it not more than twice a year. For the purpose of examining the activity of the said agency, the trust group shall select a member/members of the trust group in accordance with the procedure established by the Rules of Procedure.

13. The trust group is obliged to apply to the investigation authority and to attach available materials to the application, if elements of an offence are detected during the exercise of its powers.

14. If, on the basis of secret information delivered during the exercise of its powers, the trust group considers that a relevant agency or its manager has violated the legislation of Georgia, or if the information has been unlawfully or groundlessly classified as secret, it shall apply to the State Security Service of Georgia in writing for the issue of a reasoned instruction provided for by Article 12(1) of the Law of Georgia on State Secrets. If the State Security Service of Georgia considers that the granting of security classification does contravene principles of lawfulness and substantiation, the trust group shall apply to the Prime Minister of Georgia in accordance with Article 17(6) of the Law of Georgia on State Secrets, with a proposal to remove the security classification from the information in question, which shall have attached the relevant opinion of the State Security Service of Georgia.

15. The trust group shall be entitled to submit recommendations to agencies operating in the defence and security sector of Georgia.

16. An issue to be considered by Parliament that falls within the scope of authority of the trust group shall require an opinion from the trust group.

 

Article 160 – Vote of confidence in the Government of Georgia

1. Within 2 weeks after the Government of Georgia relinquishes its authority, or after the resignation of the Prime Minister or the termination of his/her authority otherwise, Parliament shall hold a vote of confidence in the Government of Georgia, proposed by a candidate for the office of Prime Minister as nominated by the political party that secured the best results in the parliamentary elections. A Government programme shall be presented to Parliament together with the composition of the Government of Georgia.

2. The composition of Government of Georgia and a Government programme presented by a candidate for the office of Prime Minister shall be submitted not later than 9 days after the Government of Georgia relinquishes its authority or the Prime Minister resigns or his/her authority is otherwise terminated.

3. Parliamentary committees and factions shall consider a Government programme according to sectoral specialisation, and the issue of holding a vote of confidence in the Government of Georgia, and shall submit appropriate opinions to the Parliamentary Bureau. Only two hearings may be held per day to consider the issues provided for by this paragraph. An opinion of a parliamentary committee shall be adopted by a secret ballot, by a majority of votes of the attending members of the committee.

4. On the basis of the opinions of parliamentary committees and factions, the Parliamentary Bureau shall put the issue of holding a vote of confidence in the composition of the Government of Georgia and a government programme on the agenda of a parliamentary plenary session.

5. At a plenary session, Parliament shall consider and put to the vote the issue of holding a vote of confidence in the composition of the Government of Georgia by first hearing, in accordance with the procedure established by the Rules of Procedure.

6. A vote of confidence from Parliament shall be achieved by a majority of the full composition of Parliament.

7. If the Government of Georgia does not receive a vote of confidence within the time frame determined by Article 56(2) of the Constitution of Georgia, within 2 weeks after the expiry of the said time frame, Parliament, by a majority of its full composition, shall hold a vote of confidence in the Government of Georgia presented by a candidate for the office of Prime Minister as nominated by more than one third of the full composition of Parliament. If there are two or more candidates for the office of Prime Minister, Parliament shall consider the candidate for Prime Minister as nominated by most MPs, and in the case of an equal number of nominators, the candidate who was nominated earlier.

8. If the presentation of the composition of the Government of Georgia coincides with the parliamentary holidays or a week when parliamentary sessions are not held, an extraordinary session or an extraordinary sitting shall be convened in accordance with the procedure established by the Rules of Procedure.

 

Article 161 – Vote of no confidence in the Government of Georgia

1. Parliament shall be entitled to hold a vote of no confidence in the Government of Georgia. More than one third of the full composition of Parliament may hold a vote of no confidence.

2. Together with the motion of no confidence, a candidate nominated by initiators for the office of Prime Minister, a new composition of Government of Georgia, and a Government programme, shall be presented to Parliament.

3. If Parliament passes a vote of no confidence in a new Government of Georgia by a majority of its full composition not earlier than 7 days and not later than 14 days after the call for a vote of no confidence, the vote of no confidence shall be deemed passed.

4. Rules established by Article 160(3) to (5) of the Rules of Procedure shall apply to the procedure for holding a vote of no confidence in the Government of Georgia.

5. If Parliament does not pass a vote of no confidence in the Government of Georgia, it shall be inadmissible for the same MPs to propose a vote of no confidence within the next six months.

 

Article 162 – Vote of confidence in the Government of Georgia on the initiative of the Prime Minister of Georgia

1. The Prime Minister shall have the right to present the issue of confidence in the Government of Georgia before Parliament.

2. The issue of confidence shall be put to the vote not earlier than 7 days and not later than 14 days after its being presented.

3. Procedures established by Article 160(3) to (5) of the Rules of Procedure shall apply to the procedure for holding a vote of confidence on the initiative of the Prime Minister of Georgia.

4. If Parliament fails to pass a vote of confidence in the Government of Georgia within the time frame determined by Article 58(2) of the Constitution of Georgia, Parliament shall be entitled to hold a vote of confidence in the Government of Georgia presented by a candidate for the office of Prime Minister as nominated by more than one third of the full composition of Parliament, by a majority of its full composition, within 7 days after the expiry of this time frame. A Government programme shall be presented to Parliament together with the composition of the Government of Georgia.

5. Procedures established by Article 160(3) to (5) of the Rules of Procedure shall apply to the procedure for holding a vote of confidence in the Government of Georgia as referred to in paragraph 4 of this article.

 

Article 163 – Supervision of the status of the protection of human rights and freedoms in the country

1. Once a year, in March of the calendar year, the Public Defender of Georgia shall submit to Parliament a report on the status of the protection of human rights and freedoms in the country. Moreover, also once a year, at a spring session, he/she shall submit a report regarding an annual report, based on the review of which Parliament shall adopt an ordinance or a resolution. The resolution of Parliament shall contain the evaluation of the report of the Public Defender of Georgia on the status of the protection of human rights and freedoms in the country, as well as the assignments of Parliament and deadlines for monitoring their implementation.

2. A relevant parliamentary committee shall submit information on the enforcement of the resolution referred to in paragraph 1 of this article to the Parliamentary Bureau. By a decision of the Parliamentary Bureau, such information shall be submitted to a parliamentary plenary session which shall be entitled to take an appropriate decision.

 

Article 164 – Controlling the management of public funds by Parliament

Parliament shall control the management of public funds through the State Audit Office.

 

Article 165 – Reports and statements of the State Audit Office and the procedure for their consideration

1. The Parliament of Georgia shall control the activity of the State Audit Office in accordance with the procedures determined by the Constitution of Georgia and other legislative and subordinate normative acts.

2. When submitting a preliminary report and a complete report on the execution of the State Budget, the State Audit Office shall submit a statement on the report of the Government of Georgia twice a year.

3. Once a year, not later than 1 June of the next reporting year, the State Audit Office shall submit to Parliament a report on its activities. The results of the financial audit of the State Audit Office shall be attached to the report in the form of an annex. The report shall be published on the website of Parliament.

4. After considering the report referred to in paragraph 3 of this article, Parliament shall adopt an appropriate resolution. The resolution of Parliament may reflect recommendations developed by the audit group of the Financial and Budgetary Committee and adopted by the committee, indicating the period of their performance. At a plenary session, this issue shall be reported by the Financial and Budgetary Committee.

5. The Financial and Budgetary Committee of shall supervise the enforcement of the resolution referred to in paragraph 4 of this article, and as needed, shall deliver information on enforcement to the Parliamentary Bureau, through an audit group. By a decision of the Parliamentary Bureau, this information may be delivered to a parliamentary plenary session and become the subject of consideration.

6. For the purpose of performing the functions provided for by Article 164 of this Rules of Procedure, the Financial and Budgetary Parliamentary Committee shall create a standing audit group from members of the committee operating on the committee to consider the reports of the State Audit Office. The number and composition of the audit group shall be determined by a decision of the Financial and Budgetary Committee. In addition, the Financial and Budgetary Committee shall coordinate the consideration of reports of the State Audit Office by parliamentary committees.

7. An audit group shall be accountable to the Financial and Budgetary Committee. The statute of the audit group shall be approved by a decision of the said committee.

8. The main activity of the audit group referred to in paragraph 6 of this article shall be the consideration of reports provided for by Article 24 of the Organic Law of Georgia on State Audit Office and the submission of appropriate recommendations to the Financial and Budgetary Committee.

9. The State Audit Office shall immediately submit reports as provided for by paragraph 8 of this article to Parliament. In addition, twice a year, before 10 September and before 10 February of the following year, the State Audit Office shall also submit written information on reports that are specially important from the said reports.

10. The audit group is obliged to submit to the Financial and Budgetary Committee a report on its activities, at least, once during the next parliamentary session.

11. Sessions of the audit group shall be open. The audit group is obliged to convene a sessio, at least once a month during the following parliamentary session.

12. The audit group shall develop a draft decision of the Financial and Budgetary Committee in line with appropriate recommendations, and submit them to the said committee.

13. When drawing up a plan of its activities, the State Audit Office shall take into account the proposals of parliamentary committees, temporary investigation commissions, and temporary commissions.

14. The state Audit Office shall be authorised, and upon request is obliged, to transfer audit materials to a relevant parliamentary committee and a temporary investigation commission.

15. On the basis of an application from Parliament or from a temporary investigation commission, the State Audit Office shall conduct an extraordinary audit and inspection.

16. The State Audit Office shall conduct financial audits in accordance with Article 2(f.a), (f.c) and (f.d) of the Organic Law of Georgia on the State Audit Office and international standards, and an audit firm shall be selected in accordance with the rules established by Article 166(9) to (12) of the Rules of Procedure.

 

Article 166 – Supervision of the activities of the National Bank of Georgia

1. Parliament shall control the activities of the National Bank of Georgia and high officials of the National Bank of Georgia in accordance with the rules established by the Constitution of Georgia, and other legislative and subordinate normative acts.

2. Each year, not later than 4 months after the end of the financial year, the National Bank of Georgia shall submit to Parliament a report on its activities and a report on the implementation of its financial, credit, currency and supervisory policies as provided for by Articles 60 and 61 of the Organic Law of Georgia on the National Bank of Georgia. The reports shall be considered and approved by Parliament.

3. Where a report of the National Bank of Georgia is not approved, Parliament shall take a decision on the evaluation of the activities of the National Bank of Georgia.

4. Before the start of the new financial year, not later than 1 October, the National Bank of Georgia shall submit to Parliament a draft of the main directions of monetary policy for the next three years.

5. As a rule, the draft of the main directions of monetary policy shall be considered and appropriate opinions shall be prepared by the Financial and Budgetary Committee and/or economic committees. The committees shall be entitled to request and receive necessary information from the National Bank of Georgia, the ministries of Georgia, other agencies, and other institutions of executive authority, where necessary.

6. Parliament shall consider the draft of the main directions of monetary policy by first hearing in accordance with the procedure established by the Rules of Procedure for considering a draft law.

7. Parliament shall approve the main directions of monetary policy by a resolution before the end of the current year.

8. As appropriate, Parliament shall be entitled to request from the National Bank of Georgia information on the enforcement of the resolution of Parliament on the main directions of monetary policy, during a financial year. The National Bank of Georgia is obliged to submit information to a parliamentary plenary session within the determined time frame.

9. To conduct external audits of reports of the National Bank of Georgia, the Financial and Budgetary Committee shall submit to Parliament a list of the four largest audit firms in the world after internal auditing is completed, not later than 1 September, and Parliament shall select from the list an external audit firm on the basis of a tender or a competition, not later than 1 November. The contract with the audit firm shall be signed for not less than 2 and not more than 4 years. The expenses of the external audits of the reports of the National Bank of Georgia shall be covered by the National Bank of Georgia.

10. For an external audit firm to be selected by Parliament, the Chairperson of the Parliament shall put the issue, based on an appropriate recommendation of the Financial and Budgetary Committee, on the agenda of the nearest session of the Parliamentary Bureau. To ensure that the selection form (tender/competition) of the audit firm, the composition of the tender/competition commission, and the time frames for conducting the tender/competition, are determined, the issue shall be transferred by the Parliamentary Bureau to the Financial and Budgetary Committee for consideration. The Financial and Budgetary Committee shall consider the issue within two weeks.

11. If the Financial and Budgetary Committee considers it reasonable that Parliament shall select an audit firm on the basis of a tender, it shall submit its decision in line with an appropriate draft resolution to the Parliamentary Bureau. The Parliamentary Bureau shall put the said issue on the agenda of the nearest parliamentary plenary session. The Parliament shall approve the composition of the tender commission by a resolution. The tender conditions, requirements, rules and the statute of the tender commission shall be approved by the Parliamentary Bureau on the recommendation of the Financial and Budgetary Committee.

12. If the Financial and Budgetary Committee considers it reasonable that Parliament should select an audit firm on the basis of a competition, it shall submit its decision in line with an appropriate draft resolution to the Parliamentary Bureau. The draft resolution shall determine the composition of the commission (not more than 9 members), issues of developing and approving the statute of the competition commission, measures implemented in the name of Parliament, and the time frame for submitting to Parliament the audit firm selected through the competition.

 

Article 167 – Supervision of the activities of the Pension Agency

1. Each year, not later than 1 October, the Pension Agency shall submit to Parliament a review of activities performed during the 6 months of the current year, and not later than 1 June, an annual report on activities performed. The said review/report shall be considered by Parliament in accordance with the procedures established by Article 176(2) to (5) and (9) of the Rules of Procedure. After considering the review/report referred to in this article, Parliament shall adopt an appropriate resolution. The resolution of Parliament may specify recommendations and proposals related to the eradication of certain deficiencies and/or the improvement of the activities of the Pension Agency.

2. Parliament shall be entitled to request from the Pension Agency that it deliver information on the implementation of the resolution of Parliament during a financial year, as required. The Pension Agency is obliged to submit information to a parliamentary plenary session within the determined time frame.

3. To conduct external audits of the reports of the Pension Agency, the Financial and Budgetary Committee of Parliament shall submit to Parliament a list of the four largest audit firms in the world after internal auditing is completed by not later than 1 October, and Parliament shall select from the list an external audit firm on the basis of a tender or competition by not later than 1 December. The contract with the audit firm shall be signed for at least 3 years. The expenses of the external audits of the reports of the Pension Agency shall be covered by the Pension Agency.

4. Parliament shall select an audit firm in accordance with Article 166(10) to (12) of the Rules of Procedure.

 

Article 168 – Audit of the execution of the budget of the National Communications Commission of Georgia and the budget of the Georgian National Energy and Water Supply Regulatory Commission

Parliament shall be entitled to decide that audits of the execution of the budget of the National Communications Commission of Georgia and the budget of the Georgian National Energy and Water Supply Regulatory Commission are conducted not more than once a year. In such case, Parliament shall select an internationally recognised auditor on the basis of a tender. The composition of the tender commission shall be approved by Parliament by a resolution, on the recommendation of the Sector Economy and Economic Policy Committee of the Parliament.

 

Article 169 – Annual report of the State Inspector’s Service

1. Once a year, not later than 31 March, the State Inspector shall submit to Parliament a report on the status of personal data protection in Georgia, the performance of secret investigative actions, and the control of activities performed in the central bank of identification data of electronic communication, as well as on the status of criminal investigations related to the State Inspector’s Service, and on activities performed by the State Inspector’s Service in the said fields. The report of the State Inspector’s Service shall be considered by Parliament in accordance with the procedure established by Article 176(2) to (5) and (9) of the Rules of Procedure.

2. Moreover, once a year, the State Inspector’s Service shall submit to Parliament a report on the results of control of investigative actions as provided for by Articles 136 to 138, and secret investigative actions as provided for by Article 1431 (a) and (b) of the Criminal Procedure Code of Georgia. The Parliamentary Bureau shall transfer the said report to a relevant parliamentary committee and a trust group.

 

Article 1691 – Annual report of the Chief Labour Inspector

Once a year, not later than 6 months after the end of the calendar year, the chief labour inspector shall submit a report to Parliament on the activities of the Labour Inspection Service. The annual report of the Chief Labour Inspector shall be considered by Parliament in accordance with the procedure established by Article 176 (2)(5) and (9) of the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 7187 of 29 September 2020 – website, 5.10.2020

 

Article 170 – Report on activities of the Legal Aid Service

1. Each year, not later than 1 March, the Director of the LEPL Legal Aid Service (‘the Legal Aid Service’) shall submit to Parliament a report on the activities of the Legal Aid Service performed during the previous year.

2. It shall be mandatory to consider the report on the activities of the Legal Aid Service at a parliamentary plenary session. The said report shall be considered by Parliament in accordance with the procedure established by Article 176(2) to (5) and (9) of the Rules of Procedure. After hearing the report on the activities of the Legal Aid Service, Parliament shall approve the report by a resolution or request the Legal Aid Service to eradicate certain deficiencies and/or improve its activities.

 

Article 171 – Public report of the State Security Service of Georgia

1. The Head of the State Security Service of Georgia or his/her deputy shall, once a year, not later than 15 April, submit to the Parliament a public report on the activities performed the previous year by the Service. The said report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (9) of the Rules of Procedure.

2. After the consideration of the report on the activities performed by the Service, the Parliament shall assess the activities of the Service by a decree. Recommendations and proposals related to the remedying of certain shortcomings and/or the improvement of the activities of the State Security Service of Georgia may be included in the decree of the Parliament.

3. The implementation of the decree referred to in paragraph 2 of this article shall be overseen by the Defence and Security Committee of the Parliament.

4. The Head of the State Security Service of Georgia shall have the right, and when required, shall be obliged, to attend the Parliament, committee, or commission sittings, answer the questions raised at the sittings, and present a report on the activities performed. Upon request, the Head of the State Security Service of Georgia is obliged to submit a report on the activities performed, within two weeks after the request.

 

Article 172 – Report on the activities of the Prosecutor's Office of Georgia

1. The General Prosecutor of Georgia shall, once a year, not later than 15 May, submit to the Parliament a report on the activities performed the previous year by the Prosecutor’s Office of Georgia regarding the implementation of criminal law policies, the assessment of the general crime situation in the country, including statistical data on offences with an indication of their categories and trends, the protection of human rights and freedoms during proceedings, the prioritised areas of the activities of the Prosecutor’s Office, and professional training and development programmes for prosecutors. The report shall not include issues related to a specific investigation, and/or a court hearing, and/or the circumstances of a case. The said report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (9) of the Rules of Procedure.

2. After the consideration of the report on the activities performed by the Prosecutor’s Office of Georgia, the Parliament shall assess the activities thereof by a decree. Recommendations and proposals related to the remedying of identified shortcomings and/or the improvement of the activities of the Prosecutor’s Office may be included in the decree of the Parliament.

3. The implementation of a decree referred to in paragraph 2 of this article shall be overseen by the Legal Issues Committee of the Parliament.

4. The General Prosecutor of Georgia, his/her first deputy, or deputy, shall have the right, and when required, shall be obliged, to attend the Parliament, committee, or commission sittings, answer the questions raised at the sittings, and present a report on the activities performed. Such request shall include detailed information on an issue/issues to be considered. The General Prosecutor of Georgia, his/her first deputy, or deputy, shall have the right not to speak about issues that they were not aware of in advance. Moreover, the General Prosecutor, his/her first deputy, or deputy, may not be asked questions on issues related to a specific criminal investigation, and/or a court hearing, and/or the circumstances of a case.

5. Upon request, the General Prosecutor of Georgia, his/her first deputy, or deputy, shall submit a report on the activities performed, within two weeks after the request.

 

Article 173 – Supervision over the implementation of the recommendations of the United Nations Universal Periodic Review

1. The Government of Georgia shall submit to the Parliament draft recommendations about Georgia, presented to Georgia within the framework of the Universal Periodic Review by a working group of the Universal Periodic Review of the United Nations Human Rights Council, within one week of its official submission to the Government of Georgia.

2. The Government of Georgia shall submit to the Parliament the final version of the recommendations about Georgia, presented to Georgia within the framework of the Universal Periodic Review by a working group of the Universal Periodic Review of the United Nations Human Rights Council, not later than one week of its official submission to the Government of Georgia.

3. The Government of Georgia shall submit to the Parliament an interim report (if any) on the implementation of the recommendations adopted within the framework of the Universal Periodic Review of the United Nations, not later than two months before submitting it to the United Nations Human Rights Council.

4. The Government of Georgia shall submit to the Parliament a draft final report on the situation in terms of the protection of human rights in Georgia within the framework of the Universal Periodic Review of the United Nations, not later than two months before submitting it to the United Nations Human Rights Council.

5. The documents referred to in paragraphs 1-4 of this article shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

6. The documents referred to in this article shall be considered at the plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

7. In the case of the consideration of the documents referred to in paragraphs 1-4 of this article at a plenary sitting, the Parliament shall adopt a decree.

 

Article 174 – Reports of the supervisory bodies of the United Nations in respect of Georgia

1. The Government of Georgia shall, within the time limit set by the relevant committee of the United Nations, submit a draft report to the Parliament not later than two months before the submission of a report on the implementation of the founding treaty of the same committee.

2. The relevant committee of the Parliament shall, upon request, hear the information provided by the Government of Georgia on the implementation of the recommendations set forth in the relevant reports of Georgia by the United Nations supervisory bodies.

3. The Government of Georgia shall submit to the Parliament annually, not later than 1 April of the respective year, a report on the progress of the implementation of the decisions adopted by the relevant committee of the United Nations on individual complaints against Georgia.

4. The documents referred to in this article shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

5. The documents referred to in this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

6. In the case of the consideration of the documents referred to in paragraphs 1-3 of this article at a plenary sitting, the Parliament shall adopt a decree.

 

Article 175 – Supervision over the execution of the decisions of the European Court of Human Rights

1. The Government of Georgia shall submit to the Parliament once a year, not later than 1 April:

a) a report on the execution of judgements/decisions of the European Court of Human Rights in cases where a final resolution of the Committee of Ministers of the Council of Europe has been adopted in the previous year (if any);

b) an action plan for the execution of judgements/decisions of the European Court of Human Rights in relation to ongoing cases, as well as decisions and interim resolutions (if any) of the Committee of Ministers of the Council of Europe on such cases.

2. The documents referred to in paragraph 1 of this article shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

3. In order to prepare the issues covered by this article for discussion by a committee, the leading committee shall be informed of the opinions and assessments of interested person(s) about the state of execution of judgements/decisions of the European Court of Human Rights.

4. The documents referred to in this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

5. In the case of the consideration of the documents referred to in paragraph 1 of this article at a plenary sitting, the Parliament shall adopt a decree.

 

Article 1751 – Report on planning and implementation of employment policy

1. Once a year, not later than 1 April, the Government of Georgia shall submit to the Parliament a report on the planning and implementation of employment policy (a report of the previous year and a plan for the following year). The report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

2. The report referred to in paragraph 1 of this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

3. In the case of the consideration of the report referred to in paragraph 1 of this article at a plenary sitting, the Parliament shall adopt a decree.

Rules of Procedure of the Parliament of Georgia No 6822 of 14 July 2020 – website, 21.7.2020

 

Article 1752 – Supervision over the exercise of fundamental rights and freedoms by persons with disabilities

1. Once a year, not later than 1 April, the Government of Georgia shall submit a report to the Parliament on the exercise of fundamental rights and freedoms by persons with disabilities, including on the implementation of measures to ensure social rights. The report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

2. The report referred to in paragraph 1 of this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

3. In the case of the consideration of the report referred to in paragraph 1 of this article at a plenary sitting, the Parliament shall adopt a decree.

Rules of Procedure of the Parliament of Georgia No 7083 of 3 September 2020 – website, 4.9.2020

 

Article 176 – Consideration of reports submitted to the Parliament

1. A report submitted to the Parliament, except for the cases provided for by these Rules of Procedure, shall be considered by the Parliament in accordance with the procedure established by this article.

2. The Organisational Department of the Office of the Parliament shall submit a report to the next sitting of the Bureau of the Parliament.

3. At the next sitting, the Bureau of the Parliament shall decide on the initiation of the procedure for considering the report, and determine the leading committee and the time limit for the consideration of the report by the Parliament. The report shall then be submitted to the leading committee, other committees, and factions, for consideration.

4. The committees and factions of the Parliament shall submit their comments on the report to the leading committee within the time limit set by the Bureau of the Parliament.

5. The leading committee shall consider the report, prepare an opinion, and submit it to the Bureau of the Parliament within the time limit set by the Bureau of the Parliament.

6. The consideration of the report at a plenary sitting of the Parliament shall be mandatory if the relevant law provides for the participation of the Parliament in the composition of a body submitting the report.

7. If the relevant law does not provide for the participation of the Parliament in the composition of a body submitting the report, the submitted report shall be considered at a plenary sitting of the Parliament at the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

8. The issue of the mandatory consideration of the report at a plenary sitting of the Parliament shall be mentioned in the opinion of the leading committee.

9. The report shall be considered at a plenary sitting of the Parliament in accordance with the procedure established for the first reading of a draft law.

10. The report shall be presented at a plenary sitting of the Parliament usually by a speaker appointed by the leading committee.

11. After the consideration of the report, the Parliament shall take note of the report or be authorised to adopt a decree.

12. In the cases provided for by law and the Rules of Procedure, the report, review or information of a relevant state body/official shall be considered in accordance with the procedure established by this article.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 177 – Procedure for the consideration of reports on public information

1. Before the end of the spring session, the Human Rights and Civil Integration Committee of the Parliament shall prepare and submit to the Bureau of the Parliament a unified opinion on the reports submitted to the Parliament by public institutions in accordance with Article 49 of the General Administrative Code of Georgia. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. The Parliament shall consider the issue as provided for by the Rules of Procedure for the first reading of a draft law, and shall adopt a decree on the evaluation of reports on public information, and on the relevant recommendations.

2. The Human Rights and Civil Integration Committee of the Parliament shall be authorised to refer reports submitted to the Parliament by public institutions to the relevant committees of the Parliament according to their sectoral specialisation, for the preparation of a respective opinion. The committees of the Parliament shall be authorised to prepare opinions on those reports.

3. The Human Rights and Civil Integration Committee of the Parliament shall publish information on commencing the consideration of reports referred to in paragraph 1 of this article on the website of the Parliament. The Human Rights and Civil Integration Committee of the Parliament shall examine the statements by citizens and organisations that have been passed to the Parliament concerning the reports and the information included in them.

 

Article 178 – Raising the issue of removal from office through impeachment

1. At least one third of the total number of the Members of the Parliament shall have the right to raise the issue of the removal from office through impeachment of the President of Georgia, a judge of the Supreme Court of Georgia, a Government member, the General Prosecutor, the General Auditor, or a member of the Board of the National Bank of Georgia.

2. A written request on raising the issue of removal from office through impeachment shall include:

a) the description of an action which, in the opinion of the initiators of the issue, constitutes a ground for impeachment;

b) the provisions of the Constitution of Georgia which, in the opinion of the initiators of the issue, have been violated by an official, and/or an article/articles of the Criminal Code of Georgia, when the crime provided for therein has been committed by an official;

c) evidence which, in the opinion of the initiators of the issue, confirms the merits of a constitutional submission.

3. After drawing up a constitutional submission for raising the issue of the removal of an official from office through impeachment, within 3 days after filing the relevant submission to the Procedural Issues and Rules Committee of the Parliament, the said Committee shall verify the authenticity of the signatures and draw up a relevant opinion.

4. The initiators of the issue of the removal of an official from office through impeachment shall submit a constitutional submission for an opinion to the Constitutional Court of Georgia within 7 days after raising such issue.

5. The Parliament may not consider charges against the President of Georgia, or take a decision, during a state of emergency or war. In such case, the Parliament shall start/continue the consideration of the charges filed against the President of Georgia at the first sitting of the next (regular or extraordinary) session after the lifting of the state of emergency or martial law.

6. If an official, the issue of whose removal from office through impeachment was raised, has resigned or has been removed from office, the impeachment procedure against him/her shall be terminated.

 

Article 179 – Considering the issue of removal from office through impeachment

1. After the Parliament has received an opinion of the Constitutional Court of Georgia on the actions of an official as referred to in Article 178(1) of the Rules of Procedure, the said fact shall be immediately, but not later than 3 hours, communicated to the Chairperson of the Parliament, the initiators of the issue of the removal of the official from office through impeachment, the factions, and non-faction MPs.

2. If the Constitutional Court of Georgia confirms the violation of the Constitution of Georgia by an official as referred to in Article 178(1) of the Rules of Procedure, or the presence of the elements of a crime in his/her actions, and a regular or extraordinary session of the Parliament is being held when receiving the opinion of the said Court, the Parliament shall adopt a decree on the consideration of the opinion and on the voting schedule, within not later than 5 calendar days after receiving the opinion.

3. If the Constitutional Court of Georgia confirms the violation of the Constitution of Georgia by an official, or the presence of the elements of a crime in his/her actions, and a regular or extraordinary session of the Parliament is not being held when receiving the opinion of the said Court, the Chairperson of the Parliament shall submit to the President of Georgia a request to convene an extraordinary session, within not later than 24 hours after receiving the opinion.

4. If the Constitutional Court of Georgia confirms the violation of the Constitution of Georgia by an official as referred to in Article 178(1) of the Rules of Procedure, or the presence of the elements of a crime in his/her actions, the Parliament shall, within two weeks after receiving the opinion of the said Court, consider and vote at a plenary sitting on the issue of the removal of the official from office through impeachment. By a decision of the Parliament, such plenary sitting may be declared closed.

5. At the invitation of the Parliament, the official referred to in Article 178(1) of the Rules of Procedure, or in the case of the inability of the official, his/her representative, may participate in the parliamentary consideration of the charge against the official.

6. If the Constitutional Court of Georgia confirms neither the violation of the Constitution of Georgia by an official as referred to in Article 178(1) of the Rules of Procedure, nor the presence of the elements of a crime in his/her actions, an impeachment procedure against the official shall be terminated.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 180 – Making a decision on impeachment

1. The President of Georgia shall be considered removed from office through impeachment if at least two thirds of the total number of the Members of the Parliament support the decision.

2. A judge of the Supreme Court of Georgia, a member of the Government of Georgia, the General Prosecutor, the General Auditor and a member of the Board of the National Bank of Georgia, shall be considered removed from office through impeachment if the decision is supported by a majority of the total number of the Members of the Parliament.

3. Voting on the issue of the removal from office through impeachment of an official provided for by this article shall be carried out by secret ballot.

4. The decision of the Parliament shall be immediately notified to the official whose removal from office was being considered.

5. If the Parliament does not vote on the issue of the removal of an official from office through impeachment within the time limit determined by Article 179(4) of the Rules of Procedure, or if such decision is not supported by the number of the MPs determined by the Constitution of Georgia, the issue shall be deemed withdrawn, and the same charges may not be brought against the official in question.

 

Article 181 – Dismissal of the State Inspector

1. In the case provided for by Article 9(1) of the Law of Georgia on the State Inspector Service, the powers of the State Inspector shall be deemed terminated from the moment when relevant circumstances occur, regarding which the Chairperson of the Parliament shall immediately notify the Parliament. The Parliament shall terminate the powers of the State Inspector on the basis of taking note of the information received from the Chairperson of the Parliament.

2. The State Inspector shall enjoy immunity. Bringing criminal proceedings against the State Inspector, his/her arrest or detention, the search of his/her place of residence, vehicle, place of work, or any personal search, shall be permitted only with the consent of the Parliament. An exception may be made if the State Inspector is caught at the crime scene, in which case the Parliament shall be notified immediately. Unless the Parliament gives its consent within 48 hours, an arrested or detained State Inspector shall be released immediately. The General Prosecutor of Georgia shall submit to the Parliament a proposal to conduct investigative actions. The Procedural Issues and Rules Committee of the Parliament shall examine and consider the validity of the submitted proposal within 5 days, and submit a written opinion to the Bureau of the Parliament. The Bureau of the Parliament shall raise the issue for consideration at the next plenary sitting of the Parliament. After the consideration of the issue at a plenary sitting of the Parliament, a decision shall be made by a decree. Where the State Inspector is caught at the crime scene during a period between sessions of the Parliament, the issue shall be considered as provided for by Article 44(2) of the Constitution of Georgia.

3. If the Parliament gives its consent to the arrest or detention of the State Inspector, his/her term of office shall be suspended by a decree of the Parliament until a decree/ruling on the termination of the criminal prosecution has been passed, or a court decision enters into legal force.

 

Article 182 – Dismissal of the director of the Legal Aid Service

1. The Parliament shall be authorised to adopt a decree on the early termination of the powers of the director of the Legal Aid Service after hearing a report on the activities of the Legal Aid Service, as well as on the basis of the submission of at least one third of the members of the Legal Aid Council, or of information received from other sources, if it concludes that grounds exist for the early termination of the powers of the director of the Legal Aid Service as provided for by Article 13(7)(d) and (e) of the Law of Georgia on Legal Aid.

2. If grounds for the early termination of the powers of the director of the Legal Aid Service as provided for by Article 13(7)(d) and (e) of the Law of Georgia on Legal Aid are identified during the hearing of the report on the activities of the Legal Aid Service, at least one fifth of the total number of the Members of the Parliament shall have the right to raise the issue of the early termination of the powers of the director of the Legal Aid Service, within 3 days after the hearing of the report. The issue of the early termination of the powers of the director of the Legal Aid Service shall be considered by the Parliament at the next plenary sitting.

3. The submission of at least one third of the members of the Legal Aid Council, or information received from other sources, as provided for by paragraph 1 of this article, on the early termination of the powers of the director of the Legal Aid Service shall be submitted to the Chairperson of the Parliament in writing, who shall present it at the next sitting of the Bureau of the Parliament. The Bureau of the Parliament shall determine the committee that shall consider the early termination of the powers of the director of the Legal Aid Service, and the time limit for such consideration. Such committee shall consider the issue in question and present a reasoned opinion to the Bureau of the Parliament. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. If, during the plenary sitting, the Parliament considers that there are grounds for the early termination of the powers of the director of the Legal Aid Service under Article 13(7)(d) and (e) of the Law of Georgia on Legal Aid Service, it shall adopt a decree thereon.

 

Article 183 – Dismissal of the Head of the State Security Service of Georgia

1. After hearing a report on the activities of the State Security Service of Georgia, at least one third of the total number of the Members of the Parliament shall have the right to raise the issue of the dismissal of the Head of the State Security Service of Georgia, if the report provides for the necessity of making such a decision. In such case, the initiators shall indicate the reasons/grounds for raising such issue. The Parliament shall consider the issue of the dismissal of the Head of the State Security Service of Georgia and vote at the next plenary sitting, not earlier than two days after the issue has been raised. The relevant decision shall be made by secret ballot, by a majority of the total number of the Members of the Parliament.

2. Within two weeks after the suspension of the powers of the Head of the State Security Service of Georgia and the adoption of an ordinance of the Government of Georgia on the submission to the Parliament of a request for the early termination of his/her powers, the Parliament shall, on the basis of the opinion of the Defence and Security Committee of the Parliament, as provided for by the Rules of Procedure, consider the issue of the early termination of the powers of the Head of the State Security Service, and make a decision thereon by secret ballot, by a majority of the total number of the Members of the Parliament. If voting does not take place within the said period, and the last day of that period coincides with a day on which a regular plenary sitting of the Parliament is not held, the voting shall be held at the next plenary sitting. If the Parliament does not make a decision on the early termination of the powers of the Head of the State Security Service of Georgia within the period determined under the above procedure, the ordinance of the Government of Georgia on the suspension of the powers of the Head of the State Security Service shall be considered annulled.

3. If the grounds provided for by Article 10(1)(b) and (e) of the Law of Georgia on State Security Service exist, on the basis of the opinion of the Defence and Security Committee of the Parliament, the Parliament shall be authorised, within 2 weeks after the submission of the said opinion to the Parliament, as provided for by the Rules of Procedure, to consider the issue of the early termination of the powers of the Head of the State Security Service, and to make a decision thereon by secret ballot, by a majority of the total number of the Members of the Parliament. If voting does not take place within the said period and the last day of that period coincides with a day on which a regular plenary sitting of the Parliament is not held, the voting shall be held at the next plenary sitting. If voting does not take place again, the issue shall be deemed removed from the agenda.

4. If the grounds provided for by Article 10(1)(a), (c), (d), (f), or (h) of the Law of Georgia on State Security Service exist, the Procedural Issues and Rules Committee of the Parliament shall, within one week after such fact is identified or information thereon is received, under Article 6(3) and (9)-(11) of the Rules of Procedure, examine the issue of the authenticity thereof and submit a relevant opinion at the next plenary sitting of the Parliament. The Parliament shall take note of the information indicated in the opinion, which shall be recorded in the minutes of the plenary sitting. From the moment of taking note of the said information, the powers of the Head of the State Security Service of Georgia shall be terminated.

5. If, in the cases provided for by paragraphs 1-3 of this article, the Parliament does not make a decision on the early termination of the powers of the Head of the State Security Service of Georgia, the issue of the early termination of his/her powers for the same reason/on the same ground may not be raised for the following 6 months.

 

Article 184 – Vote of no confidence in the Board of Trustees of the Public Broadcaster and early termination of powers of a member of the Board of Trustees of the Public Broadcaster

1. The Parliament shall be authorised to pass a vote of no confidence in the Board of Trustees of the Public Broadcaster if:

a) programme priorities identified by the Board of Trustees on the basis of and taking into consideration the requirements of the Law of Georgia on Broadcasting have not been fulfilled, and the Board of Trustees has not taken effective measures to have them fulfilled;

b) the budget approved on the basis of the Law of Georgia on Broadcasting has not been implemented, and the Board of Trustees has not taken effective measures for the implementation thereof.

2. At least one third of the total number of the Members of the Parliament shall have the right to raise the issue of passing a vote of no confidence in the Board of Trustees of the Public Broadcaster. A decision to pass a vote of no confidence in the Board of Trustees of the Public Broadcaster shall be considered taken if it is supported by at least three fifths of the total number of Members of the Parliament. If not supported by three fifths of the total number of Members of the Parliament, the issue of a vote of no confidence shall not be raised for a period of 1 year.

3. At least one fifth of the total number of the Members of the Parliament shall have the right to raise the issue of the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster, if the member of the Board of Trustees of the Public Broadcaster violates the rules of conflict of interest established by the Law of Georgia on Broadcasting, fails to exercise the powers of a member of the Board of Trustees of the Public Broadcaster for 2 consecutive months without an excusable cause, or fails to exercise the powers of a member of the Board of Trustees of the Public Broadcaster for more than 3 months in 1 calendar year.

4. By a decree of the Parliament adopted by a majority of votes of the members present at a plenary sitting, but by not less than one third of the total number of the Members of the Parliament, the powers of a member of the Board of Trustees of the Public Broadcaster shall be terminated early in the case provided for by paragraph 3 of this article. The powers of a member of the Board of Trustees of the Public Broadcaster shall be also terminated early in the case provided for by Article 27(1)(a) of the Law of Georgia on Broadcasting.

5. The Parliament shall consider and put to a vote at a plenary sitting the issue of the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster, within 30 calendar days after the submission of the request for the early termination of the powers of the member of the Board of Trustees of the Public Broadcaster, or if that period coincides with a period between sessions of the Parliament, within 10 calendar days after the resumption of the next session.

6. The issue of the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster shall not be raised twice on the basis of the same facts.

7. Under Article 27(1)(e) and (f) of the Law of Georgia on Broadcasting, the Parliament shall take note of the information on the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster.

 

Article 185 – Dismissal of a member of the Georgian National Communications Commission

1. If a legally effective court judgment of conviction against a member of the Georgian National Communications Commission imposes a restriction of liberty, a fixed term imprisonment, or a life imprisonment as a sentence, or if a court declares him/her missing or a beneficiary of support, unless otherwise provided for by a court decision, or unless the said member of the Commission resigns or dies, the Parliament shall, within 1 month from the moment of the occurrence of the said circumstance, make a decision on his/her dismissal.

2. Procedures established in Article 9 of the Rules of Procedure for the early termination of the powers of an MP shall apply in the case of the occurrence of the circumstances referred to in paragraph 1 of this article. A member of the Georgian National Communications Commission shall be deemed dismissed if such decision is supported by a majority of the total number of the Members of the Parliament present at a plenary sitting of the Parliament.

3. At least one third of the total number of the Members of the Parliament may initiate the procedure for the dismissal of a member of the Georgian National Communications Commission if:

a) the rules related to conflict of interest determined by the Law of Georgia on Broadcasting have been violated;

b) the member of the Georgian National Communications Commission fails to perform his/her duties for 15 consecutive days or for more than 2 months in a year without an excusable cause.

4. The MPs who have initiated the procedure for dismissal of a member of the Georgian National Communications Commission shall provide documentary evidence of specific grounds for his/her dismissal.

5. Within 30 days after collecting the signatures of the MPs, the Parliament shall, by a majority of the total number of the Members of the Parliament, put the issue of the dismissal of a member of the Georgian National Communications Commission on the agenda of a plenary sitting of the Parliament.

6. Within 30 days after putting the issue of the dismissal of a member of the Georgian National Communications Commission on the agenda of a plenary sitting, the Parliament shall put the issue to a vote. The consent of more than three fifths of the total number of the Members of the Parliament shall be required to dismiss a member of the Commission.

7. If the number of votes is not enough, or if the Parliament fails to vote within the period determined by paragraph 6 of this article, the procedure for the dismissal of a member of the Georgian National Communications Commission shall be terminated.

8. The issue of the dismissal of a member of the Georgian National Communications Commission shall not be raised twice on the basis of the same fact.

 

Article 186 – Dismissal of a member of the Georgian National Energy and Water Supply Regulatory Commission

If a member of the Georgian National Energy and Water Supply Regulatory Commission violates the requirements of the Law of Georgia on Conflict of Interest and Corruption in Public Institutions and/or fails to perform his/her official duties for 4 consecutive months, the Parliament shall make a decision on the dismissal of the member of the Commission by a majority of the total number of the Members of the Parliament.

 

[Article 186 1    Dismissal of a member of the Board of the Legal Entity under Public Law called the Georgian National Competition Agency

1. If a member of the Board of the Legal Entity under Public Law (LEPL) called the Georgian National Competition Agency violates the requirements of the Law of Georgia on Conflict of Interest and Corruption in Public Institutions, fails to perform his/her official duties for 3 consecutive months without an excusable cause, or has a conflict of interest under Article 17 1 (22) of the Law of Georgia on Competition, the Parliament shall make a decision on the dismissal of the member of the Board of the LEPL Georgian National Competition Agency by a majority of the total number of the Members of the Parliament.

2. In the cases provided for by paragraph 1 of this article, at least one third of the total number of the Members of the Parliament may initiate the procedure for the dismissal of a member of the Board of the LEPL Georgian National Competition Agency. The initiating MPs shall substantiate by documentary evidence the specific grounds for the dismissal of a member of the Board of the LEPL Georgian National Competition Agency.

3. Within 30 days after collecting the signatures of the MPs, the Parliament shall, by a majority of the total number of the Members of the Parliament, put the issue of the dismissal of a member of the Board of the LEPL Georgian National Competition Agency on the agenda of a plenary sitting of the Parliament.

4. Within 30 days after putting the issue of the dismissal of a member of the Board of the LEPL Georgian National Competition Agency on the agenda of a plenary sitting, the Parliament shall put the issue to a vote. The consent of a majority of the total number of the Members of the Parliament shall be required for the dismissal of a member of the Board of the LEPL Georgian National Competition Agency.  (Shall become effective from 1 January 2023)]

Rules of Procedure of the Parliament of Georgia No 7136 of 16 September 2020 – website, 21.9.2020

Rules of Procedure of the Parliament of Georgia No 527 of 28 May 2021 – website, 28.5.2021

 

Article 187 – Dismissal of a member of the Investment Board of the Pension Agency

1. If the grounds for the dismissal of a member of the Investment Board of the Pension Agency provided for by Article 12(9)(a)-(d) of the Law of Georgia on Funded Pensions exist, the Procedural Issues and Rules Committee of the Parliament shall, within 1 week after such fact is identified or information thereon is received, as provided for by Article 6(3) and (9)-(11) of the Rules of Procedure, examine the issue of the authenticity thereof and submit a relevant opinion at the next plenary sitting of the Parliament. The Parliament shall take note of the information indicated in the opinion, which shall be recorded in the minutes of the plenary sitting. From the moment of taking note of the said information, the member of the Investment Board of the Pension Agency shall be dismissed.

2. If the grounds provided for by Article 12(9)(e) or (f) of the Law of Georgia on Funded Pensions exist, at least one third of the total number of the Members of the Parliament may initiate the procedure for the dismissal of a member of the Investment Board of the Pension Agency. The initiating MPs shall substantiate by documentary evidence the specific grounds for the dismissal of a member of the Investment Board of the Pension Agency.

3. The submission of at least one third of the total number of the Members of the Parliament on the dismissal of a member of the Investment Board of the Pension Agency, and the documentary evidence provided for by paragraph 2 of this article, shall be presented to the Chairperson of the Parliament in writing, who shall present them to the next sitting of the Bureau of the Parliament. The Bureau of the Parliament shall determine the committee that shall consider the issue of the dismissal of a member of the Investment Board of the Pension Agency. The relevant committee shall consider the issue in question within 2 weeks and submit a reasoned opinion to the Bureau of the Parliament. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. The decision of the Parliament on the dismissal of a member of the Investment Board of the Pension Agency shall be deemed adopted if it is supported by a majority of the total number of the Members of the Parliament.

4. The issue of the dismissal of a member of the Investment Board of the Pension Agency shall not be raised twice on the basis of the same facts.

 

Chapter XIV −  International Relations of the Parliament. Ratification, Denunciation and Annulment of International Treaties

 

Article 188 – Official parliamentary delegations of Georgia and of other states

1. The highest representative of the Parliament in foreign relations shall be the Chairperson of the Parliament.

2. The official parliamentary delegations of Georgia shall be headed by the Chairperson of the Parliament, or upon his/her assignment, by his/her deputy or an MP.

3. A report on an official visit to another state shall be submitted by an MP, and a report on an official visit of an official parliamentary delegation to another state and on the results of work performed therein, shall be submitted by the head of the official parliamentary delegation to the Bureau of the Parliament within 14 days after the visit. Such issue may become a subject of consideration at a plenary sitting of the Parliament upon the request of a group of non-faction MPs consisting of at least 7 persons, a committee, and a faction.

4. The entry of the official delegation of another state into the sitting hall, and its composition, shall be notified to the Parliament by the chairperson of a plenary sitting, or upon his/her assignment, by a Mandaturi.

5. The Parliament shall be authorised to make a decision on the consideration of issues raised by the official delegation of another state by a majority of votes of the members present at the plenary sitting. Upon the decision of the Chairperson of the Parliament, an official delegation of another state, or a member thereof, shall have the right to attend the consideration of issues by the Parliament.

6. If the chairpersons of parliaments of other states, the heads of states and governments, or the heads of delegations so wish, by a decision of the Chairperson of the Parliament, they may give a speech at a plenary sitting of the Parliament.

7. At the initiative of the Chairperson of the Parliament, a group of non-faction MPs consisting of at least 7 persons, a committee, and a faction, the Parliament may adopt a resolution or make another decision at the next plenary sitting on the results of the visit of an official delegation of another state.

8. The Parliament shall be authorised to conclude cooperation agreements with the parliaments of other states, as well as international inter-parliamentary and other organisations.

9. The Parliament shall make a decision by a decree on joining an international parliamentary assembly or on participating in the creation of a new assembly.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 189 – Standing parliamentary delegations

1. The Parliament shall, by a decree, decide on forming a standing parliamentary delegation for keeping regular relations with international inter-parliamentary organisations.

2. The composition of standing parliamentary delegations shall be determined on the basis of the quotas of proportional representation. Such quotas shall be determined by the Procedural Issues and Rules Committee of the Parliament.

3. A standing parliamentary delegation shall be authorised to make decisions on behalf of the Parliament on issues falling within its scope of authority.

4. The activities of a standing parliamentary delegation shall be led by the head of the delegation, who shall submit a report on performed activities to the Bureau of the Parliament and the Foreign Relations Committee of the Parliament within not later than 14 days after the commencement of the spring session of each year. The Bureau of the Parliament shall put a report on the agenda of a plenary sitting of the Parliament after the head of the delegation presents a report at the sitting of the Foreign Relations Committee. When presenting a report at the plenary sitting, a speaker shall be the head of the delegation, and a co-speaker shall be the Foreign Relations Committee of the Parliament. The report shall be read at the plenary sitting of the Parliament in accordance with the procedure established for the first reading of a draft law. After reading a report at the plenary sitting of the Parliament, the Parliament shall make a relevant decision. Under such decision, the composition of a delegation may be changed.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 190 – Friendship groups

1. In order to establish regular relations with the parliaments of other states, friendship groups shall be formed at the Parliament by a decree. The composition of friendship groups shall be approved by the same decree of the Parliament.

2. The activities of friendship groups shall be coordinated by the Foreign Relations Committee of the Parliament, that shall submit to the Bureau of the Parliament an annual report on performed activities.

3. The head of a friendship group shall submit information and a report on the results of the work performed during the visit of a friendship group to another state, and the opinions on the visit, to the Bureau of the Parliament within not later than 10 days after the visit. Such issue may become a subject of consideration at a plenary sitting of the Parliament upon the request of a group of non-faction MPs consisting of at least 7 persons, a committee, and a faction.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 191 – Considering recommendations of the Inter-Parliamentary Union

The Parliament shall consider the recommendations of the Inter-Parliamentary Union and make a decision on their execution. The relevant committee shall, based on the request of the head of a delegation, consider those recommendations in advance and submit to the Bureau of the Parliament appropriate opinions and recommendations. The Bureau of the Parliament shall be authorised to make a decision on putting the issue on the agenda of a plenary sitting of the Parliament.

 

Article 192 – Procedure for the consideration of the ratification, denunciation, or annulment of international treaties

1. The Government of Georgia shall apply to the Parliament for the ratification, denunciation, or annulment of international treaties.

2. An international treaty submitted for ratification, denunciation, or annulment shall be accompanied by a copy of the official text certified in accordance with the established procedure, and documents containing:

a) a substantiation of the appropriateness of the ratification, denunciation, or annulment thereof;

b) a determination of the compliance thereof with the legislation of Georgia;

c) the evaluation of possible financial, economic, and other consequences thereof.

3. Together with other committees, the Foreign Relations Committee of the Parliament shall consider in advance an international treaty submitted for ratification or denunciation, and draw up a relevant opinion.

4. Depending on the content of an international treaty, the Bureau of the Parliament shall determine a leading committee to prepare the international treaty for ratification, denunciation, or annulment, and submit to it the annexed documents for an opinion.

5. Upon a decision of the Bureau of the Parliament, other committees may also participate in the preparation of an international treaty for ratification, denunciation, or annulment.

6. Together with a leading committee, the preparation of an international treaty for ratification, denunciation, or annulment shall be organised by the Foreign Relations Committee of the Parliament, if the latter is not a leading committee.

7. A leading committee and/or the Foreign Relations Committee of the Parliament may request from other state institutions information regarding the preparation of an international treaty for ratification, denunciation, or annulment. An international treaty that entails financial expenses shall be agreed in advance with the Budget and Finance Committee of the Parliament and the Foreign Relations Committee of the Parliament.

8. Within the powers granted by the Constitution of Georgia, the Parliament shall, as provided for by the Rules of Procedure, ratify the treaties concluded with other states, international financial organisations, or bodies of other states, in relation to external credits or state guarantees regarding credits.

9. A leading committee and/or the Foreign Relations Committee of the Parliament shall submit to the Parliament any information regarding an international treaty.

10. The Committee shall consider an issue related to an international treaty with the mandatory participation of an authorised person from the Government of Georgia. The failure of such person to participate shall not hinder the consideration of the issue, unless the Committee deems it necessary to consider the issue with his/her participation. In that case, the consideration of the issue shall be postponed to the next sitting of the Committee.

11. The individual articles of an international treaty shall not be ratified, denounced, or annulled, unless it is carried out by reservation.

12. An opinion of a leading committee shall contain a recommendation about the ratification or the refusal of ratification of an international treaty, a proposal concerning necessary ratification, a denunciation, an annulment, or a reservation, as well as the recommendations to be adopted by the Parliament in this regard.

13. If a leading committee believes that the ratification, denunciation, or annulment of an international treaty shall be necessarily carried out by reservation, it must be agreed with the Government of Georgia. Upon the consent of the Government of Georgia, the ratification, denunciation, or annulment of an international treaty shall be carried out by an appropriate reservation, or in the case of its refusal, the issue shall be reconsidered by the leading committee at the next sitting. If the leading committee still believes the reservation to be necessary, the issue shall be considered at a plenary sitting of the Parliament by reservation.

14. The consideration by the Parliament of the issue of the ratification, denunciation, or annulment of an international treaty shall be attended by the heads of the Foreign Relations Committee of the Parliament and the Ministry of Foreign Affairs of Georgia, and other relevant officials.

15. An authorised person of the Government of Georgia shall present, at a plenary sitting of the Parliament, a report in relation to the ratification, denunciation, or annulment of an international treaty. When presenting a report, the chairperson of the leading committee, assigned by the Parliament in relation to the issue under consideration, and the chairperson of the Foreign Relations Committee of the Parliament, may be co-speakers.

16. The Parliament shall consider at a plenary sitting an international treaty submitted for ratification, denunciation, or annulment, in accordance with the procedure established for the first reading of a draft law, and shall make an appropriate decision by a majority of the total number of its members, except for international treaties related to the territorial integrity of the State or the alteration of the state border.

17. International treaties related to the territorial integrity of the State or the alteration of the state border shall be ratified, denounced, or annulled by the Parliament by a majority of three quarters of the total number of its members.

18. If a decision on the ratification, denunciation, or annulment of an international treaty is not made, it shall be deemed that the issue failed to pass through the respective procedure and it shall be returned to a leading committee for reconsideration. Within 1 month, the leading committee shall decide on the issue of resubmitting the international treaty to a plenary sitting of the Parliament.

19. The Parliament shall be authorised to make a decision on postponing the consideration of the issue of the ratification, denunciation, or annulment of an international treaty. If the Parliament makes a decision on postponing the consideration of the respective issue related to an international treaty, such decision shall be reasoned, substantiated, and adopted by a decree.

20. If a constitutional claim has been filed with the Constitutional Court of Georgia regarding the constitutionality of an international treaty, the consideration of the issue of its ratification shall be postponed until the Constitutional Court of Georgia delivers its decision.

21. An international treaty that is concluded and signed on behalf of the Government of Georgia, as well as a treaty not requiring ratification which has been acceded to on behalf of the Government of Georgia, shall be annulled by the Parliament by a majority of the total number of its members upon the recommendation of the Government of Georgia, except for international treaties related to the territorial integrity of the State or the alteration of the state border. International treaties related to the territorial integrity of the State or the alteration of the state border shall be annulled by the Parliament by a majority of three quarters of the total number of its members, upon the recommendation of the Government of Georgia.

 

Article 193 – Participation of the Parliament in the process of concluding international treaties

1. The Foreign Relations Committee of the Parliament and the Ministry for Foreign Affairs of Georgia shall notify the Parliament of the conclusion of international treaties not requiring ratification within 1 month after their conclusion, and submit to it such international treaties. Such information shall be provided to the Bureau of the Parliament, which shall take note of it. The Bureau of the Parliament shall be authorised to put the issue for consideration on the agenda of a plenary sitting of the Parliament.

2. The Parliament shall submit recommendations on the conclusion of international treaties to the Government of Georgia.

3. The recommendations of the Parliament on the conclusion of international treaties shall include a substantiation of the appropriateness of their conclusions.

 

Article 194 – Consideration of the issue of the accession of Georgia to an international treaty

If the issue of the accession of Georgia to an international treaty is submitted to the Parliament, the Parliament shall consider such issue and make a decision in accordance with Article 47 of the Constitution of Georgia and Article 192 of the Rules of Procedure.

 

Chapter XV –  Special Procedures

 

Article 195 – Annual report of the President of Georgia

As a rule, in accordance with the Constitution of Georgia, at the first plenary sitting of the spring session, the Parliament shall hear an annual report of the President of Georgia on the most important state-related issues. Other issues shall not be considered at the plenary sitting on that day. After the President of Georgia finishes his/her speech, the chairpersons of factions shall give speeches. Firstly, the chairpersons of the smaller factions shall give speeches, followed by the chairpersons of larger factions. The duration of a speech of a faction chairperson shall not exceed 10 minutes. After the end of the speeches, the President of Georgia shall be authorised to make a closing statement. After the completion of the procedure determined by this article, the plenary sitting of the Parliament shall be closed.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 196 – Procedure for giving consent for the suspension of activities or dismissal of the representative body of a territorial unit

1. Upon the recommendation of the Government of Georgia, the President of Georgia shall apply to the Parliament to obtain its consent for the suspension of activities or dismissal of the representative body of a territorial unit.

2. The application determined by paragraph 1 of this article shall be referred by the Bureau of the Parliament to a leading committee, other committees, and factions, which shall consider it within not later than 10 days and submit their opinions to the Bureau of the Parliament to put them on the agenda of the next plenary sitting of the Parliament.

3. The Parliament shall consider the issue provided for by paragraph 1 of this article at a plenary sitting in accordance with the procedure established for the first reading of a draft law, and shall adopt a decree by a majority of the total number of its members.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 197 – Making decisions on issues of the administrative and territorial organisation of local self-government

Under the Constitution of Georgia and the Organic Law of Georgia, decisions on establishing or annulling a municipality, or on altering the borders of a municipality, as well as on determining and changing the administrative centre of a municipality, shall be made by the Parliament by a decree, upon the recommendation of the Government of Georgia.

 

Article 198 – Approval of the number of defence forces

1. The number of defence forces shall be submitted to the Parliament for approval by the Government of Georgia, together with a draft Law of Georgia on the State Budget.

2. The issue of the approval of the number of defence forces shall be referred for consideration to the appropriate committees determined by the Bureau of the Parliament, which shall consider the issue and prepare their opinions.

3. A reasoned opinion of a leading committee shall be submitted to the Bureau of the Parliament before the consideration of and voting on the final version of the draft Law of Georgia on the State Budget, in order to put it on the agenda of a plenary sitting of the Parliament. After parliamentary consideration of the issue, the Parliament shall approve the number of defence forces by a decree. Such decree shall be deemed adopted if it is supported by a majority of the total number of the Members of the Parliament.

4. If the number of defence forces is not approved by the Parliament, a conciliation committee may be established by a decree, which shall, within 10 days but not later than 31 December, submit a final version of a decision to be approved by the Parliament.

 

Article 199 – Raising the issue of a referendum

1. Based on an appropriate substantiation, one fifth of the total number of the Members of the Parliament may raise at the Parliament the issue of calling a referendum on a matter determined by the Constitution of Georgia and the Organic Law of Georgia, in a written form approved by signatures under Article 178(3) of the Rules of Procedure.

2. The issue shall be considered at a plenary sitting of the Parliament within not later than 20 days after it has been raised. The Parliament shall, by a majority of the total number of its members, adopt a request for calling a referendum and submit it to the President of Georgia.

3. If the issue of calling a referendum is not decided on by the Parliament, it shall be deemed removed and it shall not be put to a vote for the following 6 months.

4. The Parliament may, by a majority of the total number of its members, withdraw its request for calling a referendum, before the President of Georgia makes a decision on holding a referendum.

5. If, upon the request of the Government of Georgia or 200 000 voters, the President of Georgia puts to a referendum the same issue as submitted for consideration to a plenary sitting of the Parliament, such issue shall be removed from the agenda of the plenary sitting.

 

Article 200 – Verification of authenticity of signatures of MPs on a constitutional claim

1. One fifth of the Members of the Parliament shall be authorised to submit a constitutional claim or a constitutional submission to the Constitutional Court of Georgia, according to the procedure established by the Constitution of Georgia and the Organic Law of Georgia on the Constitutional Court of Georgia.

2. The authenticity of signatures of the MPs on a constitutional claim or a constitutional submission of MPs submitted to the Constitutional Court of Georgia shall be verified under Article 178(3) of the Rules of Procedure.

 

Article 201 – Letters of interested persons and communication with voters

1. An MP shall provide to the respective committee/committees any information obtained during meetings with voters.

2. Committees shall analyse the received information once in 3 months, and notify the Chairperson of the Parliament of the results of response. Such information shall be published on the website of the Parliament.

3. MPs, committees, and other entities of the Parliament shall consider the letters and applications of interested persons, and within the scope of their authority, provide answers to the authors within one month, unless otherwise provided for by the legislation of Georgia.

 

Article 202 – Bureau of an MP elected through the majoritarian system

1. In order for an MP to participate in the organisation of work with the citizens, and communication with respective public institutions, and the resolution of local matters, the bureau of an MP elected through the majoritarian system (‘a majoritarian MP’) shall be established locally. The functions, and the procedures for the organisation and operations of such bureau, as well as the procedures for and amounts of its funding, shall be determined by its statute, which shall be approved by the Bureau of the Parliament upon the recommendation of the Procedural Issues and Rules Committee of the Parliament.

2. The expenses related to the activities of the bureau of a majoritarian MP shall be covered from the budget of the Parliament, and shall be subject to writing-off upon the transfer of such funds to the bank account of the bureau of the majoritarian MP. Once a year, during the period from 15 December to 15 January, majoritarian MPs shall provide information to the Procedural Issues and Rules Committee of the Parliament on the expenses incurred by their bureaus.

 

Article 203 – Petition

1. A petition is an application of at least 300 persons regarding an issue related to a national and/or social problem.

2. A petition application shall be submitted to the Chairperson of the Parliament in a written and/or electronic form, and shall be registered with the respective registry. In order to submit a petition in an electronic form, an interested person shall fill in the electronic form of a petition, as determined by an order of the Chairperson of the Parliament, which shall be available on the website of the Parliament, and certify it with his/her qualified electronic signature.

3. A petition application shall be published on the website of the Parliament within 3 days after its submission to the Chairperson of the Parliament, unless it:

a) contains content which encourages the overthrow or forcible change of the constitutional system of Georgia, or violates the independence or territorial integrity of the country, or encourages war, hatred or discrimination, or provokes national, provincial, religious, or social strife, or poses an apparent threat of committing an action provided for by this sub-paragraph;

b) does not concern an issue related to a national and/or social problem;

c) contains offensive or indecent content.

4. A petition application shall collect at least 300 supporters within one month after its publication on the website of the Parliament. A person shall certify his/her support only once, by putting his/her first name and surname on the petition application. If, within 1 month, a petition application fails to collect the number of supporters necessary for submitting the petition as provided for by this paragraph, it shall not be considered, which shall be notified to the person submitting the petition application, or if there is more than one person, to the person specified as the author of the petition application. If a petition application collects at least 300 supporters within 1 month or before the expiry of that period, upon the application of the author of the petition application, the Chairperson of the Parliament shall submit the petition to the next sitting of the Bureau of the Parliament.

5. A petition submitted in a written form, which has at least 300 supporters at the moment of its submission, shall be registered with a respective registry without publication on the website of the Parliament for the purpose of collecting supporters. The Chairperson of the Parliament shall refer the petition to the next sitting of the Bureau of the Parliament.

6. The Bureau of the Parliament shall refer the petition to a relevant committee for examination and consideration. A sitting of the Bureau of the Parliament may decide to transfer the petition to an interim committee for examination and consideration. Such interim committee shall be established and shall examine the issue as provided for by these Rules of Procedure.

7. A respective committee shall make one of the following decisions:

a) to deem it appropriate to examine and consider the petition by itself;

b) to refer the petition to an appropriate line ministry, or to another agency;

c) to deem it inappropriate to examine and consider the petition.

8. A decision provided for by paragraph 7 of this article shall be notified to the author of a petition and shall be published on the website of the Parliament within 2 weeks.

9. In the case of making a decision determined by paragraph 7(a) of this article, the respective committee shall consider a petition within 1 month after submission, and shall submit its opinion, accompanied by the full text of the petition, to the Bureau of the Parliament. Based on a written application of the committee, the above time limit may be extended by the Bureau of the Parliament by not more than 2 months. If necessary, based on the opinion of the committee, the Bureau of the Parliament shall put the issue for consideration on the agenda of a plenary sitting of the Parliament.

10. A ministry, or another agency, shall reply to the author of a petition and a respective committee within 1 month. Upon the consent of the respective committee, the above time limit may be extended by not more than 1 month. If a ministry, or another agency, fails to reply to the author of a petition within the established time limit, the Parliament shall make a respective decision.

11. After the consideration of a petition at a plenary sitting of the Parliament, the Parliament shall adopt a decree.

12. A decision on a petition shall be published on the website of the Parliament and shall be notified to the author of the petition.

 

Chapter XVI –  Appointment of Officials

 

Article 204 – Basic rules for electing or approving the appointment of officials to positions for which a parliamentary competition is not announced

1. The Parliament shall elect officials determined by the Constitution of Georgia and other legislative acts.

2. To the Parliament:

a) the President of Georgia shall nominate candidates for the following positions:

a.a) a member of the Georgian National Communications Commission;

a.b) a member of the Georgian National Energy and Water Supply Regulatory Commission;

a.c) a member of the Board of the National Bank of Georgia;

a.d) seven members of the CEC, such that two candidates are nominated per one vacant position;

a.e) the CEC chairperson, such that two candidates are nominated per one vacant position;

b) the Chairperson of the Parliament shall nominate a candidate for the position of the General Auditor;

c) the Chairperson of the Parliament, a faction, or a group of non-faction MPs consisting of at least 7 persons, shall nominate a candidate for the position of a member of the Constitutional Court of Georgia;

d) a faction, or a group of non-faction MPs consisting of at least 7 persons, shall nominate a candidate for the position of the Public Defender of Georgia;

e) the High Council of Justice of Georgia shall nominate candidates for the following positions:

e.a) a judge of the Supreme Court of Georgia;

e.b) the chairperson of the Supreme Court of Georgia;

f) the Prime Minister of Georgia shall nominate:

f.a) two candidates for the position of the State Inspector;

f.b) at least eight candidates for the five vacant positions of members of the Board of the Legal Entity under Public Law called the National Statistics Office of Georgia – Geostat (‘Geostat’), or if there are less than five vacant positions, the number of candidates which exceeds by one the total number of vacant positions;

[ f.c) a candidate for a member of the Board of the LEPL Georgian National Competition Agency;  (shall become effective from 1 January 2023) ]

g) the Government of Georgia shall nominate a candidate for the Head of the State Security Service of Georgia;

h) the Prosecutorial Council shall nominate a candidate for the General Prosecutor of Georgia.

3. The Parliament shall elect officials whose term of office is not determined by the Constitution of Georgia, and shall approve the appointment of the officials, whose term of office is not determined by the Constitution of Georgia, for the following terms of office:

a) a member of the Georgian National Communications Commission – for a term of 6 years;

b) a member of the Georgian National Energy and Water Supply Regulatory Commission – for a term of 6 years. A person shall not be elected as a member of the said Commission for more than two terms. If a position of a member of the said Commission becomes vacant earlier, the Parliament shall elect a new member for the remaining term of office according to the procedure established for that position;

c) the State Inspector – for a term of 6 years;

d) the Head of the State Security Service of Georgia – for a term of 6 years;

e) members of the CEC – for a term of 5 years if elected by at least two thirds of the total number of the Members of the Parliament, or in other cases – for a term of 6 months;

e1) the CEC chairperson – for a term of 5 years if elected by at least two thirds of the total number of the Members of the Parliament, or in other cases – for a term of 6 months;

f) a member of the Board of Geostat – for a term of 4 years;

[g) a member of the Board of the LEPL Georgian National Competition Agency – for a term of 5 years. If the position of a member of the Board of the LEPL Georgian National Competition Agency becomes vacant earlier, the Parliament shall elect a new member for a term of 5 years according to the procedure established for that position.  (Shall become effective from 1 January 2023)]

4. The Parliament shall:

a) by a majority of three fifths of the total number of its members, and at the same time, by more votes than another candidate, elect the Public Defender of Georgia and three members of the Constitutional Court of Georgia;

b) by a majority of the total number of its members, elect the Chairperson of the Supreme Court of Georgia, a judge of the Supreme Court of Georgia, the General Prosecutor of Georgia, a member of the Board of the National Bank of Georgia, the General Auditor, the Head of the State Security Service of Georgia, a member of the Georgian National Communications Commission, and a member of the Georgian National Energy and Water Supply Regulatory Commission;

c) by at least two thirds of the total number of its members, or by a majority of the total number of its members, elect a CEC member or the CEC chairperson as provided for by the Rules of Procedure;

d) by a majority of the total number of its members, and at the same time, by more votes than another candidate, elect the State Inspector;

e) by a majority of the votes of MPs attending a plenary sitting, but by not less than one third of the total number of its members, approve the appointment by the Prime Minister of Georgia of a member of the Board of Geostat;

[f) by a majority of the total number of its members, elect a member of the Board of the LEPL Georgian National Competition Agency.  (Shall become effective from 1 January 2023)]

5. When electing officials, a secret ballot shall be used only for the election of three members of the Constitutional Court of Georgia, the Head of the State Security Service of Georgia, the General Prosecutor of Georgia, and the Public Defender of Georgia, as well as for the approval of the appointment of a member of the Board of Geostat by the Prime Minister of Georgia.

6. The following rules shall be observed when electing officials:

a) the same candidate may be nominated only twice for the position of the General Auditor, the Head of the State Security Service of Georgia, a member of the Constitutional Court of Georgia, a member of the CEC, and the CEC chairperson;

a1) the same candidate may be nominated for the election of a judge of the Supreme Court of Georgia only twice during the same term of office of the Parliament;

b) the same candidate may be nominated for the position of the Public Defender of Georgia only twice during one cycle of election;

c) if a candidate nominated for the position of the chairperson of the Supreme Court of Georgia, or for the position of the General Prosecutor of Georgia, fails to obtain the required number of votes provided for by the Constitution of Georgia and the Rules of Procedure, a new candidate shall be nominated to the Parliament.

7. As a rule, the Parliament shall elect the officials determined by this article within 2 weeks after the nomination of the candidates, unless otherwise provided for by a legislative act of Georgia.

Rules of Procedure of the Parliament of Georgia No 4528 of 1 May 2019 – website, 2.5.2019

Rules of Procedure of the Parliament of Georgia No 5202 of 18 October 2019 – website, 18.10.2019

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 7136 of 16 September 2020 – website, 21.9.2020

Rules of Procedure of the Parliament of Georgia No 527 of 28 May 2021 – website, 28.5.2021

Rules of Procedure of the Parliament of Georgia No 705 of 28 June 2021 – website, 29.6.2021

Rules of Procedure of the Parliament of Georgia No 1170 of 17 December 2021 – website, 20.12.2021

 

Article 205 – Procedure for electing or approving the appointment of the officials determined by Article 204 of the Rules of Procedure

1. The Bureau of the Parliament shall determine a committee/committees to consider the issue of electing or approving the appointment of officials provided for by Article 204 of the Rules of Procedure. The committee considering the issue of the election of the officials provided for by Article 204(2)(e) of the Rules of Procedure shall be the Legal Issues Committee of the Parliament.

2. A committee as referred to in this article shall determine the compliance of a candidate nominated for an official with the requirements of the Constitution of Georgia and/or other laws. For that purpose, the candidate shall provide the committee with complete information as required. The committee shall be authorised, in its turn, to obtain/verify all necessary information on a respective candidate for an official, including his/her biographical data, work experience, and professional expertise. In order to facilitate the determination of the compliance of candidates for the chairperson and a judge of the Supreme Court of Georgia with the requirements of the Constitution of Georgia and/or other laws, the Legal Issues Committee of the Parliament shall form a working group under Article 46 of the Rules of Procedure.

21. The Legal Issues Committee of the Parliament shall form a working group under Article 46 of the Rules of Procedure within 3 days after it receives a submission from the Bureau of the Parliament on the nomination of a candidate for a judge of the Supreme Court of Georgia.

22. The Legal Issues Committee of the Parliament shall, within 1 week after it receives a submission from the Bureau of the Parliament on the nomination of a candidate for a judge of the Supreme Court of Georgia, make available to all members of the Committee the submission and the attached documents. Upon request, the submission and the attached documents shall be provided to other MPs as well.

3. Once the compliance of candidates with the legislation of Georgia has been established, the respective committee of the Parliament shall hear each candidate at a sitting.

31. In order to establish the compliance of the candidates for a judge of the Supreme Court of Georgia with the legislation of Georgia, the Legal Issues Committee of the Parliament shall hear each candidate at a public sitting not earlier than 1 week after forwarding to all members of the Committee the documents referred to in paragraph 22 of this article. Candidates shall be heard and question-and-answer session shall be held individually for each candidate.

32. The procedure for hearing candidates for a judge of the Supreme Court of Georgia at a public sitting of the Legal Issues Committee of the Parliament shall be determined by the Committee chairperson in agreement with the Committee.

4. After hearing candidates at a Committee sitting, the Committee shall prepare an opinion. The Committee shall make a decision regarding the opinion by a majority of its members on the list. If a person is elected by the Parliament by secret ballot, the Committee shall make a decision by secret ballot as well. The opinion of the Committee shall include a recommendation of the Committee in relation to a candidate for an official referred to in Article 204 of the Rules of Procedure. The opinion of the Committee shall be submitted to the Bureau of the Parliament for the purpose of putting it on the agenda of a plenary sitting of the Parliament, and shall be published on the website of the Parliament.

5. Upon the recommendation of a respective committee of the Parliament, by a decision of the Bureau of the Parliament, the Parliament shall consider and hear at a plenary sitting each candidate nominated for each particular position referred to in Article 204 of the Rules of Procedure, in accordance with the procedure established for the first reading of a draft law, except for candidates for the chairperson or a judge of the Supreme Court of Georgia, or a member of the Constitutional Court of Georgia.

6. Before voting, the chairperson of the plenary sitting shall introduce to the Parliament a list of candidates and their written consent. After the completion of consideration at the plenary sitting, each candidate for a member of the CEC, a member of the Constitutional Court of Georgia, a judge of the Supreme Court of Georgia, the Public Defender of Georgia, and the State Inspector, shall be put to a vote separately.

7. When the Parliament elects a member of the CEC, each candidate for CEC membership shall be put to a vote separately. A candidate who is supported by not less than two thirds of the total number of the Members of the Parliament shall be deemed elected. If the number of candidates exceeds the number of candidates to be elected, the candidates with the best results shall be deemed elected. If a successful candidate cannot be identified due to an equal number of votes received by the candidates, they shall be put to a vote immediately in order to identify a successful candidate. If all the vacancies are not filled as a result of the voting, each of the remaining candidates supported by a majority of the total number of the Members of the Parliament during the last voting, shall be put to a vote immediately. A candidate who is supported by a majority of the total number of the Members of the Parliament shall be deemed elected as a result of the repeated voting. If the number of candidates exceeds the number of candidates to be elected, the candidates with the best results shall be deemed elected. If a successful candidate cannot be identified due to an equal number of votes received by the candidates, they shall be put to a vote immediately in order to identify a successful candidate. If the vacancy is not filled as a result of the repeated voting, the President of Georgia shall, within three days, nominate to the Parliament of Georgia, two candidates from among other candidates participating in the competition. If, nonetheless, the vacancy is not filled, a competition shall be announced for the remaining vacancies within not later than 3 days, and the nomination procedure shall start over.

8. The CEC chairperson shall be elected according to the procedure established by the Rules of Procedure for the election of a member of the CEC.

9. If, from among the candidates nominated for a vacant position of a member of the Board of Geostat, the necessary number of votes is received by more candidates than the number of vacant positions, it shall be deemed that the number of candidates with the best results among them, that corresponds to the number of vacant positions, were approved.

10. If the number of candidates with the best results, identified under paragraph 9 of this article, is more than the number of vacant positions due to an equal number of votes received by them, the candidates shall be repeatedly put to a vote and the successful candidate(s) shall be identified by a relative majority of votes.

11. If a candidate nominated for a vacant position of a member of the Board of Geostat is not approved by the Parliament, the Prime Minister of Georgia shall, within 21 days, nominate to the Parliament other candidates selected through competition for the vacant position. The said candidates shall be approved according to the procedure established by this article. Otherwise, a repeated competition shall be held. The candidates selected through a repeated competition shall be approved according to the procedure established by this article and Article 204 of the Rules of Procedure.

12. If three candidates participated in the election of three members of the Constitutional Court of Georgia, and any of them failed to receive the necessary number of votes, the Chairperson of the Parliament, a faction, or a group of non-faction MPs consisting of at least 7 persons, shall be authorised to nominate to the Parliament the same candidate after 10 days from the voting. If more than three candidates participated in the election, but the necessary number of candidates was not elected, a repeated round of voting shall be held. In that case, three candidates shall be put to a vote who, in the first round, received more votes than other candidates.

13. If more than one candidate receives the number of votes necessary for the election of the Public Defender of Georgia, but the successful candidate cannot be identified due to an equal number of votes received, such candidates shall be put to a vote together. A candidate who receives more votes, but not less than three fifths of the total number of the Members of the Parliament, shall be deemed elected. If, again, the candidates receive an equal number of votes, the voting procedure shall continue until a successful candidate is identified. If none of the candidates receives a sufficient number of votes, the voting procedure shall start over not earlier than 7 and not later than 14 days after the voting.

Rules of Procedure of the Parliament of Georgia No 4528 of 1 May 2019 – website, 2.5.2019

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 705 of 28 June 2021 – website, 29.6.2021

Rules of Procedure of the Parliament of Georgia No 1170 of 17 December 2021 – website, 20.12.2021

 

Article 206 – Procedure for selecting the Public Defender of Consumers Interests

1. The Sector Economy and Economic Policy Committee of the Parliament shall establish a competition commission under the auspices of the national regulatory body for the selection of the Public Defender of Consumers Interests, which shall make a decision on the selection of the Public Defender of Consumers Interests by a majority of the total number of its members.

2. The Sector Economy and Economic Policy Committee of the Parliament shall establish a competition commission comprising not less than 12 members. The competition commission shall comprise representatives from factions and non-faction MPs, public and non-governmental sectors, the Public Defender of Georgia, and an appropriate national regulatory body. The competition commission shall make a decision on the election of the chairperson of the competition commission by a majority of the total number of its members.

3. The statute of the competition commission for the selection of the Public Defender of Consumers Interests, and the competition conditions, shall be approved by the Chairperson of the Parliament upon the recommendation of the Sector Economy and Economic Policy Committee of the Parliament.

4. The Sector Economy and Economic Policy Committee of the Parliament shall notify the Bureau of the Parliament of the decisions made by the Committee and the competition commission.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 207 – Procedure for electing the members of the Prosecutorial Council

1. Five Members of the Prosecutorial Council, including two members from among MPs, shall be elected according to the procedure established by the Organic Law of Georgia on the Prosecutor’s Office, and this article.

2. (Deleted – 1.7.2020, No 6700).

3. Two members of the Prosecutorial Council from among MPs shall be elected by the Parliament by a majority of the total number of its members. One of the elected members of the Prosecutorial Council shall be a representative of the parliamentary majority, and the other elected member shall be a representative of the parliamentary opposition. Each faction and group of non-faction MPs consisting of at least 7 persons shall have the right to nominate one candidate for a member of the Prosecutorial Council. A candidate for a member of the Prosecutorial Council shall be nominated to the Bureau of the Parliament not later than 15 calendar days before the expiry of the term of office of the member of the Prosecutorial Council, or in the case of the early termination of powers, within not later than 15 calendar days from the date of the early termination of powers. The Bureau of the Parliament shall put the issue of election of a member of the Prosecutorial Council on the agenda of the next plenary sitting of the Parliament. If, after having held both rounds of voting under paragraph 10 of this article, the vacant position is not filled, the election procedure shall be carried out again within 1 month, as provided for by this paragraph. In that case, candidates for members of the Prosecutorial Council shall be nominated to the Bureau of the Parliament within 2 weeks.

4. The Parliament shall elect two members of the Prosecutorial Council through competition. The candidates for members of the Prosecutorial Council shall be selected from among professors and researchers working at higher education institutions of Georgia, members of the Georgian Bar Association, and/or persons nominated by Georgian non-entrepreneurial (non-commercial) legal entities, based on the nomination of the collegial management bodies of such organisations. One of the areas of activities of the said non-entrepreneurial (non-commercial) legal entity shall be, for at least two years prior to the competition being held, participation in court proceedings with representative powers. Each of the above organisations shall be authorised to nominate to the Parliament not more than three candidates for the members of the Prosecutorial Council. A Member of Parliament, a judge, or a prosecutor may not be nominated as a candidate for a member of the Prosecutorial Council.

5. The Parliament shall elect one member of the Prosecutorial Council upon the nomination of the Minister of Justice of Georgia, by a majority of the total number of the Members of the Parliament. The Minister of Justice of Georgia shall be authorised to nominate to the Parliament not more than three candidates for a member of the Prosecutorial Council. The Parliament may elect as a member of the Prosecutorial Council a person who has higher education in law with a Master’s or equivalent academic degree, and at least five years of work experience in the practice of law.

6. In the case provided for by paragraph 4 of this article, the Parliament may elect as a member of the Prosecutorial Council a citizen of Georgia who has higher education in law with a Master’s or equivalent academic degree/diploma of higher education, at least five years of work experience in the practice of law, and good reputation, and who is a recognised specialist in the field of law. A candidate for a member of the Prosecutorial Council shall give his/her prior written consent to be elected as a member of the Prosecutorial Council.

7. In the cases provided for by paragraphs 4 and 5 of this article, the nomination of a candidate for a member of the Prosecutorial Council shall be accompanied by a letter of reference, the professional biography of the candidate, a copy of an identity card or a passport, copies of documents certifying higher education in law and at least five years of work experience in the practice of law, a list of papers published on matters of law (if any), the written consent of the candidate, or if the candidate is nominated by a non-entrepreneurial (non-commercial) legal entity, documents certifying the fulfilment of the requirement determined by paragraph 4 of this article, as well.

8. In the cases provided for by paragraphs 2, 4 and 5 of this article, a new member of the Prosecutorial Council shall be elected not earlier than 30 calendar days before and not later than 7 calendar days after the expiry of the term of office of a respective member of the Prosecutorial Council, or in the case of the early termination of powers of a member of the Prosecutorial Council, not later than 2 months from the date of early termination of powers. If, in the case of election by the Parliament of a new member of the Prosecutorial Council, the above time limit fully or partially coincides with a period between sessions of the Parliament, the election process shall be started or resumed immediately upon the commencement of a regular session, or at an extraordinary session before the commencement of a regular session.

9. In the cases provided for by paragraphs 4 and 5 of this article:

a) a candidate for a member of the Prosecutorial Council shall be nominated to the Parliament:

a.a) not earlier than on the 60th and not later than on the 40th calendar day before the expiry of the term of office of a member of the Prosecutorial Council;

a.b) in the case of the early termination of powers, not later than 10 calendar days from the date of the early termination of powers;

b) the time limit for nominating candidates for a member of the Prosecutorial Council shall be published on the website of the Parliament by the Chairperson of the Parliament;

c) appropriate documents submitted to the Parliament shall be immediately forwarded to the Legal Issues Committee of the Parliament, which shall complete their consideration thereof in order to determine compliance with the requirements of this article within the following period after the expiry of the time limit for nominating candidates for the member of the Prosecutorial Council:

c.a) within 10 calendar days in the case provided for by sub-paragraph (a.a) of this paragraph;

c.b) within 4 calendar days in the case provided for by sub-paragraph (a.b) of this paragraph;

d) after the completion of the consideration of the documents referred to in sub-paragraph (c) of this paragraph, the Legal Issues Committee of the Parliament shall submit to the Bureau of the Parliament a list of candidates for the members of the Prosecutorial Council who meet the requirements of this article, together with the appropriate documents. The Bureau of the Parliament shall immediately forward to factions the list of candidates for the members of the Prosecutorial Council and the attached documents;

e) factions shall have the right to consider the nominated candidates for members of the Prosecutorial Council within the following period after the submission to the Bureau of the Parliament of the list of candidates for the members of the Prosecutorial Council:

e.a) within 2 weeks in the case provided for by sub-paragraph (a.a) of this paragraph;

e.b) within 1 week in the case provided for by sub-paragraph (a.b) of this paragraph;

f) the Bureau of the Parliament shall put the issue of the election of a member of the Prosecutorial Council on the agenda of the following plenary sitting after the expiry of the time limit for the consideration of candidates by the factions. Before voting, a representative from the Legal Issues Committee of the Parliament shall provide to the Parliament the data about the nominated candidates.

10. In the cases provided for by paragraphs 3-5 of this article:

a) the Parliament shall cast votes for the election of the members of the Prosecutorial Council without consideration of the candidates for the members of the Prosecutorial Council at a plenary sitting. The candidates for members of the Prosecutorial Council shall be put to a vote individually. The sequence of voting shall follow alphabetical order based on the candidates’ surnames;

b) the candidates for members of the Prosecutorial Council who are supported by a majority of the total number of the Members of the Parliament shall be deemed elected in the first round of voting. If the number of such candidates exceeds the number of candidates to be elected, the appropriate number of candidates with the best results shall be deemed elected. If an elected candidate cannot be identified due to an equal number of votes received by more than one candidate, the candidates shall be repeatedly put to a vote and a candidate with the better results, who is supported by not less than the majority of the total number of the Members of the Parliament, shall be deemed elected;

c) if all the vacancies are not filled as a result of the first round of voting, a second round of voting shall be held on the same day or at the following plenary sitting of the Parliament, during which the remaining candidates with the best results in the first round shall be put to a vote. The number of such candidates shall not exceed two times the number of the vacant positions. If the number of the candidates exceeds such number, as they have received an equal number of votes, all such candidates shall be put to a vote. A candidate elected in the second round of voting shall be identified as provided for by sub-paragraph (b) of this paragraph;

d) if the number of candidates in the first round of voting does not exceed the number of vacant positions, and if all the vacancies are not filled, a second round of voting shall not be held.

11. If, in the cases provided for by paragraphs 4 and 5 of this article, all the vacancies are not filled as provided for by paragraph 10 of this article, the election procedure shall be carried out again within 70 calendar days, according to the procedure established by this article. In that case, the time limit for nominating candidates for members of the Prosecutorial Council shall be determined and published on the website of the Parliament by the Chairperson of the Parliament, on condition that the time limit shall not be less than 14 calendar days, and that the Legal Issues Committee of the Parliament and the factions shall consider the candidates within the time limits determined by paragraph 9(c.a) and (e.a) of this article.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 208 – Procedure for electing members of the High Council of Justice of Georgia and members of the Disciplinary Committee of Judges of Common Courts of Georgia

1. The Parliament shall elect five members of the High Council of Justice of Georgia and two members of the Disciplinary Committee of Judges of Common Courts of Georgia through competition, by secret ballot. A new member of the High Council of Justice of Georgia and a new member of the Disciplinary Committee of Judges of Common Courts of Georgia shall be elected by the Parliament not earlier than 30 calendar days before and not later than 7 calendar days after the expiry of the term of office of a respective member of the stated body, or in the case of the early termination of powers, not later than 1 month after the date of the early termination of powers. If those time limits fully or partially coincide with a period between sessions of the Parliament, the time limits established for the election of new members under this paragraph shall be extended by the respective period.

2. The candidates for a member of the High Council of Justice of Georgia and for a member of the Disciplinary Committee of Judges of Common Courts of Georgia shall be selected from among professors and researchers working at higher education institutions in Georgia, members of the Georgian Bar Association, and/or persons nominated by Georgian non-entrepreneurial (non-commercial) legal entities, based on the recommendations of the collegial management bodies of such organisations. Each of the above organisations shall be authorised to nominate to the Parliament not more than three candidates for a member of the High Council of Justice of Georgia, and not more than one candidate for a member of the Disciplinary Committee of Judges of Common Courts of Georgia, according to the procedure and within the time limits determined by paragraph 6 of this article. An MP, a judge, or a prosecutor may not be nominated as a candidate for the above purposes.

3. A non-entrepreneurial (non-commercial) legal entity, as referred to in paragraph 2 of this article, shall have the right to nominate a candidate for a member of the High Council of Justice of Georgia if one of the areas of its activities, for the two years prior to the competition, was participation in court proceedings with representative powers.

4. The Parliament may elect as a member of the High Council of Justice of Georgia a citizen of Georgia who has higher education in law with a Master’s or equivalent academic degree/diploma of higher education, at least five years of work experience in the practice of law, and good reputation, and who is a recognised specialist in the field of law. The Parliament may elect as a member of the Disciplinary Committee of Judges of Common Courts of Georgia a citizen of Georgia who has higher education in law, at least 10 years of work experience in the practice of law, and good reputation, and who is a recognised specialist in the field of law.

5. The nomination of a candidate shall be accompanied by a letter of reference, the professional biography of the candidate, a copy of an identity card or a passport, copies of documents certifying higher education in law and at least 10 years of work experience in the practice of law, a list of papers published on matters of law (if any), the written consent of the candidate, or if the candidate is nominated by a non-entrepreneurial (non-commercial) legal entity, documents certifying the fulfilment of the requirement determined by paragraph 3 of this article, as well.

6. The candidates referred to in paragraph 2 of this article shall be nominated to the Parliament:

a) not earlier than on the 60th and not later than on the 40th calendar day before the expiry of the term of office of a member of the High Council of Justice of Georgia/Disciplinary Committee of Judges of Common Courts of Georgia;

b) in the case of the early termination of powers, not later than 10 calendar days from the date of early termination of powers of a member of the High Council of Justice of Georgia/Disciplinary Committee of Judges of Common Courts of Georgia.

7. The time limits for the nomination of candidates shall be published on the website of the Parliament by the Chairperson of the Parliament.

8. The documents submitted to the Parliament shall be immediately forwarded to the Legal Issues Committee of the Parliament,which shall complete their consideration thereof in order to determine compliance with the requirements of paragraphs 2-5 of this article within the following period after the expiry of the time limit for nominating candidates:

a) within 10 calendar days in the case provided for by paragraph 6(a) of this article;

b) within 4 calendar days in the case provided for by paragraph 6(b) of this article.

9. After the completion of consideration under paragraph 8 of this article, the Legal Issues Committee of the Parliament shall submit to the Bureau of the Parliament a list of candidates who have been nominated by the persons referred to in paragraph 2 of this article and who meet the requirements of this article, together with the appropriate documents. The opinion of the Committee shall also name the candidates, from among the candidates referred to in this paragraph, who are recommended by the Committee for the appointment to the positions determined by this article. The Bureau of the Parliament shall immediately forward to factions the list of the candidates and the attached documents.

10. The factions shall be authorised to consider the nominated candidates within the following period after the submission of a list of candidates to the Bureau of the Parliament:

a) within 2 weeks in the case provided for by paragraph 6(a) of this article;

b) within 1 week in the case provided for by paragraph 6(b) of this article;

11. The Parliament shall, without consideration, start voting for the election of a member of the High Council of Justice of Georgia/Disciplinary Committee of Judges of Common Courts of Georgia at the next plenary sitting after the expiry of the time limit for consideration by the factions. The candidates shall be put to a vote individually. The sequence of voting shall follow alphabetical order based on the candidates’ surnames. Before voting, a representative from the Legal Issues Committee of the Parliament shall provide to the Parliament the data about the nominated candidates.

12. The election by the Parliament of the members of the High Council of Justice of Georgia shall be held in three rounds, if necessary. The candidates elected as the members of the High Council of Justice of Georgia shall be identified by a majority of at least three fifths of the total number of the Members of the Parliament, as provided for by this paragraph and paragraphs 13 and 15 of this article.

13. The candidates who are supported by at least three fifths of the total number of the Members of the Parliament shall be deemed elected as a result of the first round of voting. If the number of such candidates exceeds the number of available vacant positions, the appropriate number of candidates with the best results shall be deemed elected. If a candidate cannot be elected due to an equal number of votes received by more than one candidate, the candidates shall be repeatedly put to a vote and a candidate with the best results, who is supported by at least three fifths of the total number of the Members of the Parliament, shall be deemed elected.

14. If all the vacancies are not filled as a result of the first round of voting, a second round of voting shall be held on the same day or at the following plenary sitting of the Parliament, during which the remaining candidates with the best results in the first round shall be put to a vote, whose number shall not exceed two times the number of the available vacant positions. If the number of the candidates exceeds such number, as they have received an equal number of votes, all such candidates shall be put to a vote. A candidate who receives the necessary number of votes as provided for by paragraph 13 of this article shall be deemed elected.

15. If all the vacancies are not filled as a result of the second round of voting, a third round of voting shall be held after 2 days, during which the remaining candidates with the best results in the second round of voting shall be put to a vote, and the elected candidates shall be identified as provided for by paragraph 14 of this article.

16. If, after having held all three rounds of voting, a vacant position is not filled, the election procedure shall be carried out again within 70 calendar days as provided for by this article. In that case, the time limit for nominating candidates shall be determined and published on the website of the Parliament by the Chairperson of the Parliament, on condition that the time limit shall not be less than 14 calendar days, and that the Legal Issues Committee of the Parliament and the factions shall consider the candidates within the time limits determined by paragraph 8(a) and paragraph 10(a) of this article.

17. The election by the Parliament of the members of the Disciplinary Committee of Judges of Common Courts of Georgia shall be held in two rounds, if necessary. The candidates elected as the members of the Disciplinary Committee of Judges of Common Courts of Georgia shall be identified by a majority of the total number of the Members of the Parliament, as provided for by this paragraph, and paragraphs 18 and 19 of this article.

18. If, as a result of the first round of voting, the number of candidates who are supported by a majority of the total number of the Members of the Parliament exceeds the number of available vacant positions, the appropriate number of candidates with the best results shall be deemed elected. If a candidate cannot be elected due to an equal number of votes received by more than one candidate, the candidates shall be repeatedly put to a vote, and a candidate with the best results shall be deemed elected.

19. If all the vacancies are not filled as a result of the first round of voting, a second round of voting shall be held on the same day or at the following plenary sitting of the Parliament, during which the remaining candidates with the best results in the first round shall be put to a vote, whose number shall not exceed two times the number of the available vacant positions. If the number of the candidates exceeds such number, as they have received an equal number of votes, all such candidates shall be put to a vote. The elected candidates shall be identified as provided for by paragraphs 17 and 18 of this article.

20. If, after having held both rounds of voting, a vacant position is not filled, the election procedure shall be carried out again within 70 calendar days as provided for by this article. In that case, the time limit for nominating candidates shall be determined and published on the website of the Parliament by the Chairperson of the Parliament, on condition that the time limit shall not be less than 14 calendar days, and that the Legal Issues Committee of the Parliament and the factions shall consider the candidates within the time limits determined by paragraph 8(a) and paragraph 10(a) of this article.

 

Article 2081 – Making a decision on the nomination of a candidate for the election of judges of the International Criminal Court

1. In compliance with the Rome Statute of the International Criminal Court (‘the Rome Statute’), the Parliament shall, as provided for by this article, make a decision on the nomination of one candidate for the election of judges of the International Criminal Court. For that purpose, the Government of Georgia shall nominate to the Parliament one or more candidates selected by the Government of Georgia (‘a candidate for a judge selected by the Government of Georgia’).

2. The nomination of a candidate for a judge selected by the Government of Georgia shall be transferred to the next sitting of the Bureau of the Parliament, together with the attached documents.

3. The Bureau of the Parliament shall determine a committee/committees considering the issue of the nomination of a candidate for a judge selected by the Government of Georgia as a candidate for the election of judges of the International Criminal Court.

4. The committee determined under this article shall hear a candidate for a judge selected by the Government of Georgia at a public sitting of the committee and establish his/her compliance with the the Rome Statute. A candidate for a judge selected by the Government of Georgia shall provide to the committee the complete information necessary for establishing his/her compliance with the Rome Statute. The committee shall be authorised to verify the provided information and/or obtain other necessary information.

5. After hearing at a committee sitting a candidate for a judge selected by the Government of Georgia, the committee shall prepare an opinion. The opinion of the committee shall be adopted by secret ballot, by a majority of its members on the list. The opinion shall contain a recommendation of the committee in relation to a candidate for a judge selected by the Government of Georgia. The opinion of the Committee shall be submitted to the Bureau of the Parliament for the purpose of putting it on the agenda of a plenary sitting of the Parliament, and shall be published on the website of the Parliament.

6. The Parliament shall put to a vote a candidate for a judge selected by the Government of Georgia at a plenary sitting, without consideration. The voting shall take place by secret ballot. Before voting, the chairperson of the plenary sitting shall introduce to the Parliament the identity of a candidate for a judge selected by the Government of Georgia, and his/her written consent. A candidate for a judge selected by the Government of Georgia shall be nominated as a candidate for the election of judges of the International Criminal Court if, at the voting, he/she is supported by a majority of the total number of the Members of the Parliament. If more than one candidate for a judge selected by the Government of Georgia is nominated to the Parliament, they shall be put to a vote individually, and a candidate for a judge selected by the Government of Georgia shall be nominated as a candidate for the election of judges of the International Criminal Court who, at the voting, receives more votes of MPs, but not less than a majority of the total number of MPs. If more than one candidate for a judge selected by the Government of Georgia equally receive the highest number of votes of MPs, and at the same time, more than half of the votes of the total number of MPs, such candidates shall be repeatedly put to a vote. A candidate for a judge selected by the Government of Georgia shall be nominated as a candidate for the election of judges of the International Criminal Court who, at the voting, receives more votes of MPs, but not less than a majority of the total number of the MPs.

7. If, as a result of the voting under paragraph 6 of this article, none of the candidates for a judge selected by the Government of Georgia receive the number of votes of MPs that is required for the nomination as a candidate for the election of judges of the International Criminal Court, the procedure determined by this article shall start over based on a respective submission of the Government of Georgia.

8. A candidate for a judge selected by the Government of Georgia may, at any time during the procedure determined by this article, refuse in writing to be nominated as a candidate for the election of judges of the International Criminal Court. In that case, the procedure determined by this article shall be terminated in relation to such candidate, or if he/she was the only candidate, the procedure shall start over based on a respective submission of the Government of Georgia.

9. To make a decision on the nomination of a candidate for the election of judges of the International Criminal Court, the same candidate may be nominated to the Parliament only twice during the same term of office of the Parliament.

Rules of Procedure of the Parliament of Georgia No 5859 of 19 March 2020 – website, 19.3.2020

 

Article 2082 – Nomination of candidates for a member of the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment under the Georgian quota

1. The standing parliamentary delegation of Georgia in the Parliamentary Assembly of the Council of Europe shall nominate to the Council of Europe for further consideration and selection three candidates, under the Georgian quota, for a member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, established under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

2. A candidate for a member of the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment may be a legally competent citizen of Georgia, who meets the following requirements:

a) has a higher education;

b) has at least three years of work experience in the area of protection of human rights or education on human rights;

c) knows English or French;

d) has no criminal record.

3. The procedure for holding a competition for the selection of candidates under the Georgian quota for a member of the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as well as the composition of the competition commission and the claims commission, shall be approved by the Chairperson of the Parliament.

4. The competition commission shall comprise seven members. The members of the competition commission shall be, according to their ranks, the head of the standing parliamentary delegation of Georgia in the Parliamentary Assembly of the Council of Europe and the chairperson of the Human Rights and Civil Integration Committee of the Parliament, and the other members of the competition commission (three members from among the members of the parliamentary majority, and two members from among the members of the parliamentary opposition) shall be appointed by the Chairperson of the Parliament based on prior consultations with the respective entities. The chairperson of the competition commission shall be appointed from among its members by the Chairperson of the Parliament.

Rules of Procedure of the Parliament of Georgia No 709 of 28 June 2021 – website, 29.6.2021

 

Article 209 – Procedure for the election of a member of the Board of Trustees of the Public Broadcaster

1. A candidate for a member of the Board of Trustees of the Public Broadcaster, a trustee, shall be selected through open competition.

2. 30 calendar days before the expiry or within 10 calendar days after the termination of the powers of a trustee, the Chairperson of the Parliament shall issue an order on announcing a competition, which shall specify a period of not more than 15 calendar days for the submission of applications by the candidates for a trustee.

3. Within not later than 10 days after the announcement of a competition, a competition commission composed of nine members shall be set up by a decree of the Parliament. After the consultations with the factions, non-faction MPs, the Supreme Council of the Autonomous Republic of Ajara, and the Public Defender of Georgia, the Chairperson of the Parliament shall nominate to the Parliament for approval the candidates for the members of the competition commission. The representatives from civil society and the academic community may also be members of the competition commission. The competition commission shall be headed by a chairperson elected by the competition commission. The competition commission shall draw up a statute, which shall be approved by the Bureau of the Parliament and which shall determine the criteria for evaluating the candidates for a trustee and the concepts for the development of the Public Broadcaster proposed by them.

4. The Parliament shall approve the composition of a competition commission by a majority of the total number of its members.

5. Anyone may nominate a candidate for a trustee. A list of candidates shall be published on the website of the Parliament on the following day after the expiry of the time limit for submitting applications by the candidates for a trustee.

6. A competition commission shall select candidates for a trustee in two stages, within 10 calendar days after the expiry of the time limit for nominating the candidates. At the first stage, candidates shall be selected according to the qualification requirements determined by the Law of Georgia on Broadcasting. Additional selection criteria for candidates shall be determined by the statute of the competition commission. At the second stage, candidates shall be selected on the basis of a review of the concepts for the development of the Public Broadcaster proposed by them, and the interviews held with them. After the selection of candidates, the competition commission shall nominate to the factions, the Public Defender of Georgia, and the Supreme Council of the Autonomous Republic of Ajara, at least three times the number of candidates than the number to be elected.

7. The competition commission shall ensure a public review of the concepts for the development of the Public Broadcaster proposed by the selected candidates for a trustee. A candidate shall submit to the competition commission a concept for the development of the Public Broadcaster which shall be made public, and participate in public debates, which shall be held before the election of trustees by the Parliament and shall be broadcast by the Public Broadcaster.

8. From among the candidates for trustees selected by the competition commission, two candidates shall be nominated by the Public Defender of Georgia, three candidates shall be nominated by the faction/factions of the parliamentary majority, three candidates shall be nominated by the factions of the parliamentary opposition, which comprise the highest number of MPs, and one candidate shall be nominated by the Supreme Council of the Autonomous Republic of Ajara, to the Parliament for election. The above entities shall select and nominate candidates in the following sequence: the Public Defender of Georgia shall be first to nominate candidates, followed by the Supreme Council of the Autonomous Republic of Ajara, the factions of the parliamentary opposition, and the faction/factions of the parliamentary majority. A decision on the nomination of candidates selected by the Public Defender of Georgia shall be signed by the Public Defender of Georgia. Decisions on the nomination of candidates selected by factions shall be signed by the chairpersons of the factions. A decision on the nomination of a candidate selected by the Supreme Council of the Autonomous Republic of Ajara shall be signed by the Chairperson of the Supreme Council of the Autonomous Republic of Ajara.

9. (Deleted – 1.7.2020, No 6700).

10. (Deleted – 1.7.2020, No 6700).

11. Within not later than 3 calendar days after the selection of candidates for a trustee by the competition commission, the entities referred to in paragraph 8 of this article shall nominate their candidates to the Parliament.

12. Within not later than 10 days after the selection of candidates for a trustee by the competition commission, the Parliament shall, by a majority of the total number of its members, individually elect the candidates nominated by the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the faction/factions of the parliamentary majority, and the factions of the parliamentary opposition. If there is more than one vacant position to be filled under the quotas of the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the parliamentary majority, and the parliamentary opposition, at first, a candidate under the quota of the Public Defender of Georgia shall be elected, followed by a candidate under the quota of the Supreme Council of the Autonomous Republic of Ajara, then a candidate under the quota of the parliamentary opposition and, lastly, a candidate under the quota of the parliamentary majority.

13. If a candidate for a trustee fails to receive sufficient votes to be elected, the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the faction/factions of the parliamentary majority, and the factions of the parliamentary opposition, shall nominate new candidates to the Parliament within 10 calendar days.

14. The entities authorised to nominate candidates for a trustee may nominate to the Parliament three candidates from among the candidates selected by the competition commission. The same candidate may be nominated twice.

15. If none of the candidates receive sufficient votes to be elected, a candidate who receives the highest number of votes, but not less than the votes of one third of the total number of the Members of the Parliament, shall be deemed elected. A candidate who receives the highest number of votes shall be elected under the quotas of the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the parliamentary majority, and the parliamentary opposition.

16. If none of the candidates receives at least one third of votes of the total number of the Members of the Parliament, and if the Board of Trustees of the Public Broadcaster cannot be composed of nine members, a new competition shall be held for the remaining vacant positions.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 210 – Procedure for the appointment of members of the commission selecting candidates for members of the Investment Board of the Pension Agency

1. Three members of the commission selecting candidates for members of the Investment Board of the Pension Agency, as determined by the Law of Georgia on Funded Pensions, shall be appointed from among MPs, according to the procedure established by this article.

2. Two members of the commission selecting candidates for members of the Investment Board of the Pension Agency shall be appointed by a faction of the parliamentary majority, which comprises the highest number of MPs, from among its members, according to the procedure established by it, and one member of the commission shall be appointed by a faction of the parliamentary opposition, which comprises the highest number of MPs, from among its members, according to the procedure established by it. If the faction of the parliamentary opposition fails to appoint a member of the commission selecting the candidates for the members of the Investment Board of the Pension Agency, the right to appoint a member of the selection commission shall be granted, successively, to the factions of the parliamentary opposition, which comprise a higher number of MPs than other factions. In the case of equal number of faction members, preference shall be given to the faction whose party has received more votes in the elections. 

3. A new member of the commission selecting candidates for members of the Investment Board of the Pension Agency shall be appointed within not later than 30 calendar days after the recognition of the authority of a Parliament of new convocation, or in the case of early termination of the powers of the respective MP, within not later than 30 calendar days after the date of the early termination of his/her powers. If the time limits determined by this article for the appointment of a new member of the selection commission fully or partially coincide with a period between sessions of the Parliament, the time limits shall be extended by the respective period.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 211 – Procedure for the election of members of the Investment Board of the Pension Agency

1. The Parliament shall elect five members of the Investment Board of the Pension Agency, as determined by the Law of Georgia on Funded Pensions, for a term of 5 years.

2. The commission selecting candidates for members of the Investment Board of the Pension Agency, as determined by the Law of Georgia on Funded Pensions, shall nominate to the Parliament candidates for a member of the Investment Board from among the persons selected as a result of a competition. One candidate shall be nominated per one vacant position of a member of the Investment Board.

3. A candidate for a member of the Investment Board of the Pension Agency shall be nominated to the Parliament:

a) not earlier than on the 60th and not later than on the 40th calendar day before the expiry of the term of office of the member of the Investment Board;

b) in the case of dismissal of a member of the Investment Board, not later than on the 60th calendar day after his/her dismissal;

c) in the case of the announcement of a repeated competition under paragraph 5 of this article, not later than on the 60th calendar day after the announcement of the repeated competition.

4. The Parliament shall, within 21 days after the nomination of the candidates/candidate for a member of the Investment Board of the Pension Agency, elect the members/member of the Investment Board of the Pension Agency by secret ballot, by a majority of the total number of its members. The procedure for the election of the members/member of the Investment Board of the Pension Agency shall be carried out under Article 205(1)-(6) of the Rules of Procedure. If the time limit determined by this paragraph fully or partially coincides with a period between sessions of the Parliament, the time limit shall be extended by the respective period.

5. If all the vacancies are not filled as a result of voting, the commission selecting the candidates for the members of the Investment Board of the Pension Agency shall nominate to the Parliament, within 15 days, other candidates selected for the respective vacant position through competition. Such candidates shall be selected according to the procedure established by this article. Otherwise, a repeated competition shall be announced. A candidate selected through the repeated competition shall be elected according to the procedure established by this article.

 

Article 212 – Procedure for the resignation of officials or termination of their powers otherwise

1. In the case of the resignation of the General Auditor, the Parliament shall take note of his/her resignation, and that fact shall be recorded in the minutes of a plenary sitting of the Parliament. The General Auditor shall be deemed resigned from the date of the submission of a respective application to the Parliament.

2. In the cases provided for by Article 10(1)(b) and (e) of the Organic Law of Georgia on the Public Defender of Georgia, the powers of the Public Defender of Georgia shall be terminated by a decision of the Parliament, which shall be made by at least three fifths of the total number of the Members of the Parliament.

3. A member of the Board of the National Bank of Georgia may resign if he/she submits a written application in this regard to the Chairperson of the Parliament within not later than 2 months before resignation. The member of the Board of the National Bank of Georgia shall be deemed resigned from the date indicated in his/her application.

4. A member of the High Council of Justice of Georgia, elected by the Parliament, may be dismissed by the Parliament as provided for by the Organic Law of Georgia on Common Courts. When any of the circumstances referred to in Article 48(1)(a)-(g) of the Organic Law of Georgia on Common Courts arise, the Parliament shall take note of the existence of such circumstances without making a decision, or when any of the circumstances referred to in Article 48(1)(h)-(k) of the same Law arise, the Parliament shall put to a vote a decision on the termination of the powers of the member of the High Council of Justice of Georgia. The Parliament shall make the said decision by secret ballot, by a majority of the total number of its members.

5. A decision on the termination of powers of a member of the Disciplinary Committee of Judges of Common Courts of Georgia elected by the Parliament shall be made by the Parliament, by a majority of the total number of its members.

6. A committee determined by the Bureau of the Parliament shall examine the grounds for terminating the powers of a member of the Disciplinary Committee of Judges of Common Courts of Georgia. Such committee shall be authorised to invite to a sitting the member of the Disciplinary Committee of Judges of Common Courts of Georgia and to hear his/her opinion. The opinion of the committee shall be submitted to the Bureau of the Parliament for putting it on the agenda of the next plenary sitting of the Parliament. When any of the circumstance referred to in Article 7519(6)(a)-(f) of the Organic Law of Georgia on Common Courts arise, the Parliament shall take note of the existence of such circumstances without making a decision, or when any of the circumstances referred to in Article 7519(6)(g)-(j) of the same Law arise, the Parliament shall put to a vote a decision on the termination of the powers of the member of the High Council of Justice of Georgia.

 

Chapter XVII –  Office and Security Service of the Parliament

 

Article 213 – Authority of the Office of the Parliament

1. The Office of the Parliament shall provide legal, organisational, analytical, documentary, informational, financial, and material and technical support for the activities of the Parliament.

2. The authority of the Office of the Parliament shall also include the administration of the budget of the Parliament and the representation of the Parliament in economic, labour, legal and other relations, the exercise of its powers and the performance of its obligations within its competence.

3. The structure, authority and rules of operation of the Office of the Parliament shall be determined by these Rules of Procedure and the regulations of the Office of the Parliament.

4. The regulations of the Office of the Parliament shall be approved by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

 

Article 214 – Management of the Office of the Parliament

1. The Office of the Parliament shall be headed by the Chief of the Office of the Parliament.

2. The Chief of the Office of the Parliament shall be appointed and may be dismissed by the Chairperson of the Parliament.

3. The Chief of the Office of the Parliament may not be an MP.

4. The Chief of the Office of the Parliament is a parliamentary official.

5. The Chief of the Office of the Parliament shall have not more than three deputies. The number of deputies of the Chief of the Office of the Parliament shall be determined by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

6. A Deputy Chief of the Office of the Parliament shall be appointed and may be dismissed by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

 

Article 215 – Structure of the Office of the Parliament

1. The structural units of the Office of the Parliament shall be the Departments, the Mandaturi Service, the Cabinet of the Chairperson of the Parliament, the offices of the committees of the Parliament, the offices of the parliamentary factions, the secretariats of the First Deputy and the deputies of the Chairperson of the Parliament, the secretariats of the Boards and the State Commissions, and the Parliamentary Budget Office of Georgia.

2. The office of the committee of the Parliament shall be a standing structural unit of the Office of the Parliament subordinated to the committee, which is established in order to support the activities of the committee.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 216 – Regulations and procedure

1. The regulations of the Office of the Parliament, the Departments, the Mandaturi Service, and the Cabinet of the Chairperson of the Parliament, shall be approved by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

2. The regulations of the office of a committee of the Parliament shall be approved by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament, after it is agreed with the committee chairperson by the Chief of the Office of the Parliament.

3. The structure and staff list of the Office of the Parliament shall be approved by the Chairperson of the Parliament, upon the recommendation of the Chief of the Office of the Parliament.

4. The heads of the Office of the Parliament, the Departments, the Mandaturi Service, and the Cabinet of the Chairperson of the Parliament, shall be appointed and may be dismissed by the Chairperson of the Parliament, according to the procedure established by the Law of Georgia on Public Service.

5. The public servants of the Office of the Parliament (except for the public servants referred to in paragraph 4 of this article, and the Head of the Parliamentary Budget Office of Georgia) shall be appointed and may be dismissed by the Chief of the Office of the Parliament, according to the procedure established by the Law of Georgia on Public Service. Other persons employed in the Office of the Parliament shall be appointed and may be dismissed by the Chief of the Office of the Parliament, according to the procedure established by the Organic Law of Georgia Labour Code of Georgia.

6. The qualification requirements for the persons employed in the Office of the Parliament shall be determined by the legislation of Georgia and a legal act of the Chairperson of the Parliament.

7. The rights and obligations of the qualified public officers of the Office of the Parliament shall be determined by the legislation of Georgia, the regulations of the Office of the Parliament, the regulations of the respective structural units, and the job descriptions.

8. The rights and obligations of the persons employed under agreements under public law and labour agreements shall be determined by the said agreements.

9. Job descriptions shall be approved by the Chief of the Office of the Parliament in agreement with the head of a respective structural unit, or in the case of the offices of the committees, in agreement with the chairperson of the respective committee.

10. It shall be permitted to gain practical experience and do internships in the Office of the Parliament. The duration of an internship in the Office of the Parliament shall be 6 months. An internship in the Office of the Parliament shall be announced twice a year. The procedure for practical experience and internships in the Office of the Parliament shall be approved by the Chairperson of the Parliament, upon the recommendation of the Chief of the Office of the Parliament.

11. The Chief of the Office of the Parliament shall approve the procedure for arranging excursions at the Palace of the Parliament.

 

Article 217 – Parliamentary Budget Office of Georgia

1. In order to provide the Parliament, the committees of the Parliament, the factions, the non-faction MPs, and the Office of the Parliament with financial, budgetary and other analytical information of an economic nature, the Parliamentary Budget Office of Georgia shall be established within the structure of the Office of the Parliament.

2. The Head of the Parliamentary Budget Office of Georgia shall be appointed for a term of 5 years and may be dismissed by the Chairperson of the Parliament, upon the recommendation of the chairperson of the Budget and Finance Committee of the Parliament. The same person may be appointed as the Head of the Parliamentary Budget Office of Georgia consecutively only twice.

3. The employees of the Parliamentary Budget Office of Georgia, except for the persons referred to in paragraph 2 of this article, shall be appointed and may be dismissed by the Chief of the Office of the Parliament, according to the procedure established by the Law of Georgia on Public Service.

4. The structure and the rules of operation of the Parliamentary Budget Office of Georgia shall be determined by the regulations of the Parliamentary Budget Office of Georgia, which shall be approved by the Chairperson of the Parliament upon the recommendation of the Head and/or the Supervisory Board of the Parliamentary Budget Office of Georgia.

5. The activities of the Parliamentary Budget Office of Georgia shall be coordinated by the Supervisory Board of the Parliamentary Budget Office of Georgia. The Supervisory Board of the Parliamentary Budget Office of Georgia shall comprise, according to their ranks, the Chairperson of the Parliament and the chairperson of the Budget and Finance Committee of the Parliament, and the other members of the Supervisory Board shall be appointed by the Chairperson of the Parliament based on prior consultations with the factions and non-faction MPs, so that at least one member of each faction is represented on the Supervisory Board. The Supervisory Board of the Parliamentary Budget Office of Georgia shall be headed by the Chairperson of the Parliament. The authority and rules of operation of the Supervisory Board of the Parliamentary Budget Office of Georgia shall be determined by the Chairperson of the Parliament.

6. The Parliamentary Budget Office of Georgia shall be accountable to the Supervisory Board of the Parliamentary Budget Office of Georgia, to which it shall submit an annual report of its activities. The Parliamentary Budget Office of Georgia shall, twice a year, within 10 days after the completion of the spring session and the autumn session, submit to the Budget and Finance Committee of the Parliament written information on the activities performed during the session period.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 218 – Health and life insurance of the employees of the Office of the Parliament

1. Health and life insurance of the employees of the Office of the Parliament shall be mandatory.

2. A decision on the health and life insurance of the employees of the Office of the Parliament shall be made by the Chairperson of the Parliament, upon the recommendation of the Board of Treasurers of the Parliament.

 

Article 219 – Security service of the Parliament

1. The security of the Parliament and MPs shall be ensured by the Special State Protection Service of Georgia according to the procedure established by the legislation of Georgia.

2. The Office of the Parliament shall, together with the security service of the Parliament, develop the security regime in the Palace of the Parliament and in the adjacent territory, which shall be approved by the Chairperson of the Parliament.

3. Upon the assignment of the Chairperson of the Parliament, a respective committee of the Parliament shall examine and review the activities of the Special State Protection Service of Georgia in terms of ensuring the security of the Parliament.

4. It is inadmissible at the Palace of the Parliament, including for MPs, to carry firearms or melee weapons. Exceptions to this rule shall be determined by the legislation of Georgia, and the security regime in the Palace of the Parliament and the adjacent territory.

5. To move around the Palace of the Parliament, the members of the Government of Georgia, the officials elected by the Parliament, as well as the officials whose appointment has been approved by the Parliament, shall be provided with passes according to a template approved by the signature of the Chairperson of the Parliament.

6. In order to ensure the observance of the security regime in the Palace of the Parliament and the adjacent territory, the Parliament shall be entitled to check, in the electronic database of the Legal Entity under Public Law called Public Service Development Agency, the following personal data about a person: name, surname, personal number, registration address, citizenship, photo, and the data of an identity document.

 

Chapter XVIII –  Institutions Operating within the Parliament

 

Article 220 – National Library of Georgia

1. The National Library of Georgia, which is a main library within the library system of Georgia, is a parliamentary library, the activities of which are regulated by the Law of Georgia on the National Parliamentary Library of Georgia, other laws, and the respective regulations.

2. The General Director of the National Library of Georgia shall be appointed and may be dismissed by the Chairperson of the Parliament.

3. The statute and the staff list of the National Library of Georgia shall be approved by the Chairperson of the Parliament, upon the recommendation of the General Director of the National Library of Georgia.

 

Article 221 – State Council of Heraldry

1. For the purposes of regulating issues related to state symbols and symbols of state significance of Georgia, the State Council of Heraldry shall be established and operated at the Parliament.

2. The structure, authority and main functions of the State Council of Heraldry shall be determined by the Law of Georgia on the Procedure for Use of the State Symbols of Georgia, and the statute of the State Council of Heraldry which shall be approved by a decree of the Parliament.

3. The staff list of the State Council of Heraldry shall be approved by the Chairperson of the Parliament, upon the recommendation of the chairperson of the State Council of Heraldry.

Rules of Procedure of the Parliament of Georgia No 5725 of 19 February 2020 – website, 24.2.2020

 

Article 222 – Research Centre of the Parliament

1. In order to support the efficiency of the operations, and the analytical and research activities, of the Parliament, the Legal Entity under Public Law called the Research Centre of the Parliament shall be established under the state control of the Parliament.

2. The structure, authority and rules of operation of the Research Centre of the Parliament shall be determined by the statute of the Research Centre of the Parliament.

3. The statute and the staff list of the Research Centre of the Parliament shall be approved by the Chairperson of the Parliament.

 

Chapter XIX –  Liability for Violation of the Rules of Procedure. Parliamentary Ethics

 

Article 223 – Sanctions for violation of the Rules of Procedure

The following sanctions shall be imposed on an MP for a violation of the Rules of Procedure:

a) the depriving of the right to speak at a sitting;

b) a warning; 

c) a request to leave the hall of committee sitting, or the sitting hall;

d) the withholding of salary.

 

Article 224 – Imposition of sanctions on MPs and parliamentary officials

1. At a committee sitting or a plenary sitting of the Parliament, the chairperson of the sitting shall deprive an MP of the right to speak, who:

a) gives a speech without the permission of the chairperson of the sitting;

b) gives a speech but does not discuss the issues under consideration;  

c) was given the floor in relation to procedural issues, but he/she gives a speech about other issues;

d) exceeds the time determined by the Rules of procedure, or the extended time.

2. A warning shall be given to an MP, who:

a) in the case provided for by paragraph 1(a), (b) or (c) of this article, continues his/her speech even after being deprived of the right to speak;

b) speaks without a microphone;

c) performs an action that results in the hindrance of a sitting held under the Rules of Procedure.

3. An MP shall be requested to leave the hall of committee sitting or the sitting hall, if he/she:

a) continues performing the same action, even after receiving a warning under paragraph 2 of this article;

b) carries firearms or a melee weapon in the hall;

c) commits violence or calls on other MPs to do so.

4. An MP who has been requested to leave the hall of committee sitting or the sitting hall is obliged to leave the hall. Otherwise, the chairperson of the sitting shall suspend the sitting and the Mandaturi shall enforce the said request.

5. If any sanction is imposed on an MP, the following speakers shall not have the right to make the issue of keeping order a subject of consideration.

6. An MP who was requested to leave the hall of committee sitting or the sitting hall shall have 5 % of his/her salary withheld for the respective month. Such fact shall be recorded in the minutes of the sitting, which shall be forwarded to the Department of Finance of the Office of the Parliament in order for the salary for the respective month to be withheld.

7. In the case of ignoring the dress code determined by Article 84(7) of the Rules of Procedure, a Mandaturi shall be authorised to disallow a person into the sitting hall. The chairperson of the sitting shall be immediately notified in this regard. The chairperson of the sitting shall be authorised to change the decision of a Mandaturi.

8. If, during 1 day, while checking the voting and registration results, it is established that an MP is not present at the sitting hall but someone has participated in the voting and registration on his/her behalf, 20 % of his/her salary and the salary of the MP who has participated in the voting and registration on his/her behalf shall be withheld. In the case of repeating, and each subsequent repetition of, such action during the same session, a further 20 % shall be withheld from the salary of the MP. Such fact shall be recorded in the minutes of the sitting, which shall be forwarded to the Department of Finance of the Office of the Parliament in order for the salary for the respective month to be withheld.

9. If an MP, who has been assigned to present a draft law at a plenary sitting (who is a speaker or a co-speaker) is not present, without an excusable cause, in the sitting hall during the presentation of the draft law, 5 % shall be withheld from his/her salary for the respective month. The failure of the MP to present the draft law at the sitting hall shall be recorded in the minutes of the sitting on the basis of an application of the chairperson of the sitting, which shall be forwarded by the Chief Mandaturi to the Department of Finance of the Office of the Parliament within 24 hours, in order for the stated amount from the salary under this paragraph to be withheld.

10. If an MP (except for an official referred to in Article 28(8) and (9) of the Rules of Procedure) is not a member of any committee, it shall be deemed that he/she does not exercise the powers of an MP and he/she shall not receive the salary determined by law. Such information shall be recorded by the Procedural Issues and Rules Committee of the Parliament and shall be forwarded to the Department of Finance of the Office of the Parliament in order for the salary for the respective month to be withheld.

11. If an MP, who is a member of two committees, fails to attend a committee sitting twice in a calendar month without an excusable cause, or if an MP, who is a member of one committee, fails to attend a committee sitting once in a calendar month without an excusable cause, 10 % of his/her salary shall be withheld for each subsequent absence from the sitting without an excusable cause, respectively.

12. For each of more than two plenary sittings not attended during a regular session without an excusable cause, as well as for each plenary sitting not attended during an extraordinary session without an excusable cause, 10 % of the salary of the MP shall be withheld.

13. If an MP fails to undergo any registration during the day of a plenary sitting, 5 % of his/her salary shall be withheld for each such case (but not more than 10 % during a day), except for the cases provided for by Article 91(9) of the Rules of Procedure and in the case of not attending the plenary sitting. The liability under this article shall be imposed on an MP in the case of the failure to undergo registration more than four times during a month.

14. If a committee chairperson fails successively twice in a calendar month to convene a committee sitting without an excusable cause, 50 % of his/her salary shall be withheld. The Bureau of the Parliament shall consider the cause of the failure to convene a committee sitting, and if such fact is repeated during the same session, it shall be authorised to raise at the plenary sitting of the Parliament, according to the established procedure, the issue of the dismissal of the committee chairperson.

15. In the cases provided for by paragraphs 6, 8 and 11-13 of this article, the total amount of salary of an MP withheld on a one-off basis shall not exceed 50 % of the salary of the MP.

16. Not later than the 15th day of the following month after the end of each calendar month, the Procedural Issues and Rules Committee of the Parliament shall prepare a list of MPs to whom the measure of liability determined by paragraphs 11-13 of this article shall be applied, and forward such list to the Department of Finance of the Office of the Parliament for the salary for the respective month to be withheld.

17. The Procedural Issues and Rules Committee of the Parliament shall prepare, on a monthly basis, a list of MPs not attending committee sittings, specifying the number of sittings not attended by them and the dates of absence, and shall publish such list on the website of the Parliament.

18. At the end of each session, the Procedural Issues and Rules Committee of the Parliament shall prepare a list of MPs not attending the plenary sittings of the Parliament, specifying the number of sittings not attended by them and the dates of absence, and shall publish such list on the website of the Parliament.

 

Article 225 – Objection against a measure of liability

An MP, on whom a sanction has been imposed under Article 224(6)-(14) of the Rules of Procedure, shall have the right to submit a substantiated objection in a written form. A decision regarding the objection shall be made by the Chairperson of the Parliament.

 

Article 226 – Violation of the Rules of Procedure by other officials and sanctions for such violation

1. Liability for the violation of the Rules of Procedure shall be imposed, as provided for by the Rules of Procedure, on an official accountable to the Parliament, as well as on other officials who are assigned to participate in the activities of the Parliament.

2. An official shall be liable for the following violations:

a) if he/she has been invited to the consideration of an issue at the Parliament but fails to appear;

b) if he/she violates the procedure established for answering the questions/inquiries of an MP;

c) if he/she provides to the Parliament distorted or incorrect information;

d) if he/she fails to follow the decrees and recommendations of the Parliament;

e) if he/she hinders an MP in exercising powers granted under the Rules of Procedure and other legislative and subordinate normative acts of Georgia.

3. A person invited to a committee sitting and/or a plenary sitting of the Parliament shall keep order during the sitting. He/she shall be prohibited from performing any action which may hinder the Parliament or MPs in performing their functions. During voting, he/she shall refrain from expressing his/her personal attitude towards the results. The chairperson of a sitting may request a visitor who fails to keep order to leave the hall of the committee sitting or the sitting hall.

4. The Procedural Issues and Rules Committee of the Parliament shall consider each case provided for by paragraph 2 of this article and shall refer the issue to the Bureau of the Parliament for appropriate response.

5. In the cases provided for by paragraph 2 of this article, the Parliament shall apply the following response measures against an official (except for the members of the Government of Georgia):

a) it shall adopt a decree or a resolution to take responsive measures against the official due to the violation;

b) it shall submit to the head of the state agency a recommendation concerning the liability of the official subordinated to him/her.

 

Article 227 – Board of Ethics and the Code of Ethics of MPs

1. The ethical standards of conduct of MPs shall be determined by the Code of Ethics of MPs, which shall be approved by a decree of the Parliament.

2. MPs shall facilitate the observance of the ethical standards of the Parliament.

3. The Parliament shall, for the period of its term of office, establish the Board of Ethics by a decree, within 2 months after the recognition of its authority. The decree shall state the number of members of the Board of Ethics. The composition of the Board of Ethics shall be determined in proportion to the number of MPs from factions and non-faction MPs. In addition, the representation of the parliamentary majority on the Board of Ethics shall not exceed half of the number of its members.

4. The quotas of proportional representation on the Board of Ethics shall be determined by the Procedural Issues and Rules Committee of the Parliament and approved by the Bureau of the Parliament within 1 week after adopting a decree on the establishment of the Board of Ethics. A member of the Board of Ethics nominated by a faction shall be subject to rotation once a year. Upon the expiry of the said period, the faction shall nominate a new member according to the quotas of proportional representation provided for by this paragraph.

5. The factions shall, according to the quotas of proportional representation, nominate to the Bureau of the Parliament the persons selected as the members of the Board of Ethics within 1 week after the approval of such quotas.

6. The Parliament shall take note of the composition of the Board of Ethics, which shall be recorded in the minutes.

7. The rules of operation of the Board of Ethics shall be determined and organisational matters shall be regulated by the Code of Ethics of MPs and the regulations of the Board of Ethics.

8. In order to provide organisational and technical support for the activities of the Board of Ethics, the Secretariat of the Board of Ethics shall be established, whose structure, functions and rules of operation shall be determined by the regulations of the Board of Ethics.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter XX –  Transitional and Final Provisions

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 228 – Transitional provisions

1. Before the recognition of the authority of the Parliament elected in the 2024 elections, the MPs elected by the nomination of one electoral bloc shall not have the right to form more than one faction. A political party within an electoral bloc shall have the right to form a faction only if at least seven of the candidates, included by that political party in the electoral list of the electoral bloc, have been elected as MPs.

11. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP elected by the nomination of an electoral bloc shall have the right to form a faction together with an MP/MPs elected by the nomination of other political party/political parties or electoral bloc, or to join a faction formed by (an)other political party/political parties or electoral bloc, if he/she leaves the membership of the respective political party within the electoral bloc. In that case, other MPs elected by the nomination of the same electoral bloc shall have the right to form another faction in accordance with the Rules of Procedure.

12. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP elected by the nomination of a political party or an electoral bloc shall have the right to form a faction together with the MP/MPs elected by the nomination of other political party/political parties or electoral bloc/electoral blocs, or to join a faction formed by (an)other political party/political parties or electoral bloc/electoral blocs, if he/she was nominated by the political party or the electoral bloc as an unconditional candidate for an MP. In that case, other MPs elected by the nomination of the same political party or electoral bloc shall have the right to form another faction in accordance with the Rules of Procedure.

13. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP elected by the nomination of an electoral bloc shall have the right to form a faction together with the MP/MPs elected by the nomination of (an)other political party/political parties or electoral bloc/electoral blocs, or to join a faction formed by (an)other political party/political parties or electoral bloc/electoral blocs, if the respective political party within the electoral bloc leaves the electoral bloc. In that case, other MPs elected by the nomination of the same electoral bloc shall have the right to form another faction in accordance with the Rules of Procedure.

14. Before the recognition of the authority of the Parliament elected in the 2024 elections, if a faction fails to meet the requirements of Article 48(2) and Article 49(1)-(3) of the Rules of Procedure, and paragraphs 1-13 of this article, it shall be refused registration. A faction that has been refused registration shall have the right to raise, at a plenary sitting of the Parliament, the issue of the lawfulness of such decision of the Bureau of the Parliament.

15. Before the recognition of the authority of the Parliament elected in the 2024 elections, a chairperson of a faction may not have more than one deputy per every 10 members of the faction. If a chairperson of a faction has more than one deputy, one of them may be granted the status of the First Deputy Chairperson of the faction.

2. Before the recognition of the authority of the Parliament elected in the 2024 elections, the bureaus of majoritarian MPs shall also constitute the structural units of the Office of the Parliament.

3. The members of the Prosecutorial Council, elected by the time the Rules of Procedure become effective, shall maintain their powers for the remaining term of their office.

4. Before the expiry of the term of office of the active Parliament, two Deputy Chairpersons of Parliament, except for the case determined by Article 22(1)(c) of these Rules of Procedure, shall be elected by the nomination of the group of non-faction MPs from the parliamentary opposition as well. In that case, an MP who is supported by more non-faction MPs shall be deemed nominated as a candidate for a Deputy Chairperson of the Parliament. If the MPs to be nominated as candidates for a Deputy Chairperson of the Parliament are supported by an equal number of non-faction MPs from the parliamentary opposition, the MP shall be deemed nominated who was nominated earlier by the respective group of non-faction MPs. A decision on joining a committee by a Deputy Chairperson of the Parliament shall be made by the respective parliamentary faction or non-faction MP, according to the number determined by the quotas of proportional representation.

5. Before the expiry of the term of office of the active parliament, a faction from the parliamentary opposition or a group of non-faction MPs from the parliamentary opposition shall be authorised to nominate a candidate for one deputy chairperson of a committee of the Parliament. In that case, an MP, who is supported by more non-faction MPs, shall be deemed nominated as a candidate for a deputy chairperson of a committee of the Parliament. If the MPs to be nominated as candidates for a deputy chairperson of the committee of the Parliament are supported by an equal number of non-faction MPs from the parliamentary opposition, the MP shall be deemed nominated who was nominated earlier by the respective group of non-faction MPs.

6. Before the expiry of the term of office of the active Parliament, a non-faction MP/MPs, elected by the nomination of one political party participating independently in the parliamentary elections, the MPs elected by the nomination of which have not formed a parliamentary faction, shall be given an additional 10 minutes when giving a speech during political debates, interpellation, and the reconsideration of a draft law by first reading and by second reading, so that the duration of the speech/speeches of such MP/MPs shall not exceed 15 minutes in total. The same rule shall apply to the procedure carried out in the manner established for political debates or for the first reading of a draft law.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 99 of 28 January 2021 – website, 28.1.2021

Rules of Procedure of the Parliament of Georgia No 528 of 28 May 2021 – website, 28.5.2021

 

Article 2281 – Formation of a parliamentary political group before the recognition of the authority of the Parliament elected in the 2024 elections, and the rights and rules of operation of a parliamentary political group

1. Before the recognition of the authority of the Parliament elected in the 2024 elections, at least two MPs may form a parliamentary political group (‘political group’) in accordance with the requirements determined though the Rules of Procedure for the formation of a faction (except for the requirement for the minimum number of MPs).

2. A political group shall be formed according to the procedure established by the Rules of Procedure for the formation of factions. A political group shall be annulled according to the procedure established by the Rules of Procedure for the annulment of factions if less than two MPs remain in the political group. An MP may join a political group, or a member of the political group may withdraw or be expelled from a political group, according to the procedure established by the Rules of Procedure for joining a faction by an MP, or for withdrawal or expulsion from a faction of a member of the faction, respectively.

3. A political group shall enjoy the same rights as a faction, except for the rights of a faction determined by the Constitution of Georgia. The provisions of the legislation of Georgia (including Article 54 of the Rules of Procedure), which regulate issues related to the activities of a faction, shall apply to the activities of a political group, unless those provisions are at the same time constitutional provisions. The chairperson of a political group shall have the right to attend a sitting of the Bureau of the Parliament with a voting right.

4. The head of a political group shall be the chairperson of the political group. The chairperson of a political group shall be a parliamentary official and shall enjoy the same rights as the chairperson of a faction (including the rights under Article 14(2)(d) of the Rules of Procedure), except for the rights of the chairperson of a faction determined by the Constitution of Georgia. The chairperson of a political group may not hold any other position in the Parliament. The chairperson of a political group shall have the right not to be a member of a committee of the Parliament. The chairperson of a political group may not have a first deputy and a deputy.

5. Before the recognition of the authority of the Parliament elected in the 2024 elections, MPs elected by the nomination of one political party shall not have the right to form more than one political group. In addition, MPs elected by the nomination of one political party shall not have the right to form a political group if the MPs elected by the nomination of the same political party have formed a faction.

6. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP may join only one political group. In addition, a member of a political group may not be at the same time a member of a faction.

7. Before the recognition of the authority of the Parliament elected in the 2024 elections, if a political group fails to meet the requirements of Article 48(2) and Article 49(3) of the Rules of Procedure, and paragraphs 1 and 5 of this article, it shall be refused registration. A political group that has been refused registration shall have the right to raise, at a plenary sitting of the Parliament, the issue of the lawfulness of such decision of the Bureau of the Parliament.

8. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP who is not a member of any faction or political group shall be called a non-faction MP.

Rules of Procedure of the Parliament of Georgia No 528 of 28 May 2021 – website, 28.5.2021

Rules of Procedure of the Parliament of Georgia No 661 of 11 June 2021 – website, 11.6.2021

Rules of Procedure of the Parliament of Georgia No 1153 of 16 December 2021 – website, 16.12.2021

 

Article 2282 – Temporary procedure for electing a person to a vacant position at the CEC before the 2021 elections of municipal bodies

1. Where the President of Georgia nominates to the Parliament the candidates for a member of the CEC under the Organic Law of Georgia Election Code of Georgia, the Parliament shall elect the member of the CEC within not later than 7 days after such nomination. The procedure for the election of a member of the CEC shall be carried out as provided for by this article and other respective provisions of the Rules of Procedure.

2. When the Parliament elects a member of the CEC, each candidate for CEC membership shall be put to a vote separately. A candidate who is supported by a majority of two thirds of the total number of the Members of the Parliament shall be deemed elected. If the number of candidates exceeds the number of available vacant positions, the candidates with the best results shall be deemed elected. If a successful candidate cannot be identified due to an equal number of votes received by candidates, the candidates shall be put to a vote immediately to identify the successful candidate. If a member of the CEC cannot be elected as a result of voting, the candidates shall be repeatedly put to a vote. A candidate who is supported by a majority of two thirds of the total number of the Members of the Parliament shall be deemed elected as a result of the repeated voting. If, nevertheless, a member of the CEC cannot be elected, another round of voting shall be held. A candidate who is supported by a majority of three fifths of the total number of the Members of the Parliament shall be deemed elected as a result of the said voting. If, nevertheless, a member of the CEC cannot be elected, another round of voting shall be held. A candidate who is supported by a majority of the total number of the Members of the Parliament shall be deemed elected as a result of the said voting. More than one round of voting may not be held during one week. If, nevertheless, a member of the CEC cannot be elected, a competition shall be announced within not later than 3 days, and the procedure for nominating candidates shall start over. The same candidate for a member of the CEC may be nominated only twice.

3. Where the President of Georgia nominates to the Parliament the candidates for the CEC chairperson under the Organic Law of Georgia Election Code of Georgia, the CEC chairperson shall be elected as provided for by this article, according to the procedure established by the Rules of Procedure for the election of a member of the CEC.

4. If a member of the CEC, or the CEC chairperson, is elected by a majority of not less than two thirds of the total number of the Members of the Parliament, his/her term of office shall be 5 years, and in other cases, his/her term of office shall be 6 months.

Rules of Procedure of the Parliament of Georgia No 705 of 28 June 2021 – website, 29.6.2021

 

Article 229 – Final Provisions

1. Upon the entry into force of the Rules of Procedure, the following shall be declared invalid:

a) Rules of Procedure of the Parliament of Georgia of 22 June 2012 (Legislative Herald of Georgia (www.matsne.gov.ge), 3.7.2012, registration code: 010190030.06.001.016009);

b) Law of Georgia on the Status of a Member of Parliament of Georgia of 5 March 1998 (Official Gazette of the Parliament of Georgia, No 13-14, 8.4.1998, p. 201);

c) Law of Georgia on Mandatory Health and Life Insurance of a Member of Parliament of Georgia of 24 June 1999 (Legislative Herald of Georgia, No 30(37), 1999, Art. 160);

d) Law of Georgia on Parliamentary Faction of 16 September 1997 (Official Gazette of the Parliament of Georgia, No 41, 8.10.1997, p. 36);

e) Law of Georgia on the Trust Group of 4 March 1998 (Official Gazette of the Parliament of Georgia, No 13-14, 8.4.1998, p.25).

2. The legal acts issued on the basis of the legislative acts referred to in paragraph 1 of this article shall remain in legal force until their compliance with these Rules of Procedure.

3. These Rules of Procedure, except for Articles 145, 167, 169, 181 and 187, Article 204(2)(f.a), (3)(c) and (4)(d), and Articles 210, 211 and 222 of these Rules of Procedure, shall enter into force upon taking an oath by the President of Georgia elected in the next presidential election of Georgia.

4. Articles 167, 187, 210 and 211 of these Rules of Procedure shall enter into force on 1 January 2019.

5. Articles 145 and 222 of these Rules of Procedure shall enter into force on 1 April 2019.

6. Articles 169 and 181, and Article 204(2)(f.a), (3)(c) and (4)(d) of these Rules of Procedure shall enter into force on 10 May 2019.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chairperson of the Parliament of Georgia                                              Irakli Kobakhidze

 

Kutaisi,

6 December 2018

No 3875-რს

Rules of Procedure of the Parliament of Georgia

 

Chapter I – General Provisions

 

Article 1 – The Parliament of Georgia, the principles of the activities of the Parliament of Georgia, and the Rules of Procedure of the Parliament of Georgia

1. The Parliament of Georgia (‘the Parliament’) is the supreme representative body of the country that exercises legislative power, defines the main directions of the country’s domestic and foreign policies, controls the activities of the Government of Georgia within the scope established by the Constitution of Georgia, and exercises other powers.

2. The main principles of the activities of the Parliament are:

a) the supremacy of the interests of the people;

b) a multi-party system;

c) ensuring representative proportionality;

d) the free and collegial discussion and resolution of issues;

e) strict compliance with the legislation of Georgia;

f) compliance with, and respect for, universally recognised principles and norms of international law;

g) publicity;

h) transparency and accessibility.

3. The working language of the Parliament is Georgian.

4. The Rules of Procedure of the Parliament (‘the Rules of Procedure’) is a legislative act with the force of law, which determines the powers, structure and procedures for the functioning of the Parliament.

 

Article 2 – Palace of the Parliament

1. The seat of the Parliament is Tbilisi, the capital of Georgia. A temporary change to the seat of the Parliament for the purpose of holding a sitting or a session shall be admissible only during a state of emergency and martial law. Decisions on a temporary change to the seat of Parliament shall be made by the Chairperson of the Parliament.

2. The legal address of the Parliament is: 8, Rustaveli Avenue, the Palace of the Parliament. A temporary change to the legal address of the Parliament for the purpose of holding a sitting or a session, by a decision of the Chairperson of the Parliament, shall be admissible in objective circumstances where the proper functioning of the Palace of the Parliament is impossible.

3. The state flag of Georgia and the state coat of arms of Georgia shall be placed in the offices of Members of the Parliament and parliamentary officials.

4. The original Constitution of Georgia and the Book of Honourable Guests of the Parliament shall be kept in a visible place in the Palace of the Parliament.

5. In order to introduce the history of the Palace of the Parliament to the public, the Palace of the Parliament shall be open to interested persons in the manner prescribed by the Rules of Procedure.

6. To ensure access to the Palace of the Parliament for persons with disabilities, the Parliament shall ensure that the Palace of the Parliament is equipped with appropriate amenities.

 

Article 3 – Parliamentary awards

1. The Parliamentary Order of Freedom, the Parliamentary Medal and the Parliamentary Badge are established in the Parliament.

2. The Parliamentary Order of Freedom is awarded to a citizen of Georgia or a foreign state for a special contribution to the development of parliamentarism.

3. The Parliamentary Medal is awarded to an employee of the Office of the Parliament for a special contribution to the activities of the Parliament.

31. The Parliamentary Badge may be awarded to an employee of the Office of the Parliament for at least 25 years of successful service in the Parliament.

4. The Chairperson of the Parliament shall, in agreement with the Bureau of the Parliament, make a decision on awarding a person with the Parliamentary Order of Freedom, and the Chairperson of the Parliament shall make a decision on awarding a person with the Parliamentary Medal or the Parliamentary Badge.

5. The procedure for awarding persons with the Parliamentary Order of Freedom, the Parliamentary Medal and the Parliamentary Badge, the amount of monetary rewards, and the descriptions of the Parliamentary Order of Freedom, the Parliamentary Medal and the Parliamentary Badge, shall be determined by an order of the Chairperson of the Parliament.

Rules of Procedure of the Parliament of Georgia No 5492 of 11 December 2019 – website, 13.12.2019

 

Article 4 – Procedure for calculating time limits

1. The terms that are defined by the Constitution of Georgia in days shall refer to calendar days.

2. The terms that are defined by these Rules of Procedure in days shall refer to working days, except for the terms that are defined by the Constitution of Georgia and the calendar days that are directly provided for by law and these Rules of Procedure.

3. The terms defined by the Rules of Procedure shall cease to run during the period between sessions of the Parliament, except in cases provided for by the Constitution of Georgia. The Bureau of the Parliament shall be authorised to make a decision on continuing the term during the period between sessions and on considering an issue.

 

Chapter II − Members of the Parliament

 

Article 5 – Mandate of a Member of the Parliament

1. A Member of the Parliament (‘an MP’) is the principal subject of parliamentary activities. An MP is a representative of all Georgia. He/she shall enjoy a free mandate and shall not be recalled. In carrying out his/her duties, he/she shall not be restricted by instructions and tasks from the electorate or a political party that nominated him/her.

2. The powers of an MP shall not be transferred to another person.

3. The free mandate of an MP does not exempt him/her from work with the electorate in the manner prescribed by the Rules of Procedure and from other responsibilities as provided for by the Constitution of Georgia and the Rules of Procedure.

4. An MP shall have an MP’s ID and badge. The Bureau of the Parliament shall approve regulations related to them, and the samples and descriptions thereof.

 

Article 6 – Recognition or early termination of the powers of an MP

1. The Parliament shall, by a decree, decide on the issue of the recognition or early termination of the powers of an MP. The decision of the Parliament may be appealed to the Constitutional Court.

2. The powers of an MP shall be terminated early if he/she:

a) submits a personal application to terminate his/her powers to the Parliament;

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 regular sessions;

d) has been convicted under 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 the citizenship of Georgia;

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

3. A written application of an MP for his/her resignation shall be submitted to the Chairperson of the Parliament, who shall immediately forward it to the Procedural Issues and Rules Committee of the Parliament. The committee shall establish the authenticity of the application, and the circumstance on which the application was based, and shall prepare a relevant opinion within not earlier than 8 days and not later than 15 days. An MP shall have the right to withdraw an application for his/her resignation within 7 days of submission to the Chairperson of the Parliament and continue exercising his/her powers.

4. A newly elected MP shall quit work/activity incompatible with the status of MP from the moment that his/her powers are recognised and shall, within 7 days from the moment his/her powers are recognised, submit to the Procedural Issues and Rules Committee of the Parliament a document confirming the quitting of the incompatible work/activity. Where this requirement is violated, the powers of the MP shall be terminated early in the manner prescribed by the Rules of Procedure.

5. Where an MP is engaged in entrepreneurial activities, the Procedural Issues and Rules Committee of the Parliament shall, within 10 days of the discovery of the fact, request respective written materials, collect explanations from the MP in question and prepare a relevant opinion. Where the MP’s engagement in entrepreneurial activities is confirmed, the opinion shall be submitted to the Bureau of the Parliament, which shall put the issue of the early termination of the powers of the MP on the agenda of the next plenary sitting.

6. Where the Parliament appoints an MP to a position incompatible with the status of MP, his/her powers shall be terminated early by the same decree.

7. Where the Parliament gives consent to the appointment of an MP to a position incompatible with the status of MP, where a vote of confidence in the Government is passed (if an MP is nominated as a member of the Government of Georgia), or where an MP is elected, appointed to or approved for a position incompatible with the status of MP (except in the cases provided for by paragraph 6 of this article), the Procedural Issues and Rules Committee of the Parliament shall immediately examine the issue of incompatibility and prepare a relevant opinion.

8. Where an MP does not attend more than half of the regular sittings during a regular session, the Procedural Issues and Rules Committee of the Parliament shall ascertain the reason(s) behind his/her non-attendance within 10 days of the end of the regular session and shall prepare a relevant opinion if the reason/reasons is/are confirmed to be invalid.

9. Where the court’s judgment of conviction against an MP has entered into force, the Procedural Issues and Rules Committee of the Parliament shall request the judgment within 15 days of its entry into force and shall immediately prepare a relevant opinion.

10. When an MP dies, his/her powers are terminated early from the day following the day of his/her death. When an MP dies, the Procedural Issues and Rules Committee of the Parliament shall request the death certificate of the MP and prepare a relevant opinion.

11. Where an MP loses the citizenship of Georgia or the court recognises him/her as missing, declares him/her dead, or recognises him/her as a beneficiary of support and he/she has been admitted to a respective inpatient care facility, the Procedural Issues and Rules Committee of the Parliament shall, within 10 days of the discovery of the fact, request the documents proving the fact, examine the authenticity thereof and prepare a relevant opinion.

12. The Procedural Issues and Rules Committee of the Parliament shall, in the manner prescribed by the Rules of Procedure, study and consider an issue of the recognition or early termination of the powers of an MP, except for the cases provided for by Article 86 of the Rules of Procedure, and shall prepare a relevant opinion and submit it to the Bureau of the Parliament. The Bureau of the Parliament shall put the issue of the recognition or early termination of the powers of an MP on the agenda of the next plenary sitting. The Parliament shall immediately discuss the issue of the recognition or early termination of the powers of the MP. It shall be inadmissible to vote on other issues on the agenda of the plenary sitting before the Parliament makes a decision on the issue of the recognition or early termination of the powers of the MP.

 

Article 7 – Compatibility of an MP’s other activities with the status of MP

1. An MP shall not have the right to hold any office in civil service or to be engaged in entrepreneurial activities.

2. The requirements of incompatibility of entrepreneurial activities with the status of MP do not prejudice the right to property recognised by the Constitution of Georgia. An MP may hold stocks, a share and other property.

3. An MP shall not have a right to:

a) directly carry out activities of a repeated nature to manage material assets and financial means for the purpose of making profit;

b) directly exercise the powers of a member of a permanent management, supervisory, controlling, audit and/or consultative body of a business entity.

4. An MP may be engaged in public activities. An MP may be engaged in academic, pedagogical and artistic activities if these activities do not envisage performing administrative functions. The performance of administrative functions implies an official’s authority to solely make administrative decisions on personnel, disciplinary and other issues in academic, educational or art institutions.

5. An MP may simultaneously engage in political party work, or hold any post in a political party.

6. During his/her term of office, an MP shall not be subject to the requirement of conscription into compulsory military service or conscription of military service personnel being in the reserve.

7. During martial law, an MP shall not have the right to avoid the carrying out of parliamentary activities on the ground of participating in military operations.

 

Article 8 – General rights and obligations of an MP

1. An MP shall have the right to:

a) use any information that is necessary for exercising his/her powers, unless otherwise provided for by law;

b) while exercising parliamentary control:

b.a) freely enter any state institutions, except in cases determined by law;

b.b) directly participate in discussions on the issues raised by him/her;

c) exercise other powers granted to him/her under the Constitution of Georgia, the Rules of Procedure, and other normative acts.

2. An MP shall be obliged to:

a) attend plenary sittings, the sittings of the Bureau, a committee, a faction, a temporary investigative commission or other temporary commission of the Parliament, and participate in their work;

b) support compliance with the requirements of the legislation of Georgia, including the Rules of Procedure, and in the case of the violation thereof, demand an appropriate response from the Parliament, the Chairperson of the Parliament or the relevant committee;

c) not use his/her powers and/or the possibilities associated with them for personal interests;

d) not use or disclose for personal interests information received or created in the line of duty;

e) comply with the standards of conduct established for state political officials by the legislation of Georgia and the Code of Ethics for Members of the Parliament.

3. An MP shall be obliged to complete an asset declaration and submit it to the Legal Entity under Public Law called the Civil Service Bureau in the manner prescribed by the Law of Georgia on Conflict of Interest and Corruption in Public Institutions. The Procedural Issues and Rules Committee of the Parliament shall, periodically and as necessary, analyse the information provided by the relevant authorities on the MP’s asset declaration, and shall, where necessary, bring up the issue for discussion at the plenary sitting of the Parliament.

4. A parliamentary official shall receive an MP without impediment at the latter’s request.

5. An MP who is not united in any faction is called a non-faction MP.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 9 – Right to enter penitentiary institutions without special permission

1. An MP may, by an order of the Chairperson of the Parliament, be granted the right to enter a penitentiary institution functioning in the territory of Georgia without special permission based on a request from him/her, a relevant committee or a temporary investigative commission.

2. The Chairperson of the Parliament shall have the right to enter any penitentiary institution functioning in the territory of Georgia without special permission.

 

Article 10 – Parliamentary posts for MPs

1. The officials of the Parliament are:

а) Chairperson of the Parliament;

b) First Deputy Chairperson of the Parliament;

c) Deputy Chairperson of the Parliament;

d) Chairperson of Committee;

e) Chairperson of Faction;

f) First Deputy Chairperson of Committee;

g) First Deputy Chairperson of Faction;

h) Deputy Chairperson of Committee;

i) Deputy Chairperson of Faction.

2. An MP may be elected to only one parliamentary post, except in the cases provided for by the Rules of Procedure. Electing an MP to an incompatible position shall result in the early termination of his/her powers in his/her current post.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 11 – Principles for criminal proceedings against an MP

1. The arrest or detention of an MP, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the prior consent of the Parliament, except when an MP is caught at the crime scene, in which case the Parliament shall be notified immediately. Unless the Parliament consents to the arrest or detention within 48 hours, the arrested or detained MP shall be released immediately. The General Prosecutor of Georgia shall submit to the Parliament a proposal to conduct investigative actions. The Procedural Issues and Rules Committee of the Parliament and the Legal Issues Committee of the Parliament shall study the validity of the submitted proposal within 5 days and consider the proposal, and shall submit a written opinion to the Bureau of the Parliament. The Bureau of the Parliament shall bring up the issue for discussion at the next plenary sitting of the Parliament. After discussing the issue at the plenary sitting, a decision shall be made by a decree, by a majority of three fifths of the total number of the Members of the Parliament.

2. Where an MP is caught at the crime scene during the period between sessions of the Parliament, the issue shall be considered in the manner prescribed by Article 44(2) of the Constitution of Georgia.

3. Only the General Prosecutor of Georgia may bring criminal proceedings against an MP, in which case the Parliament shall be notified immediately.

4. Where the Parliament consents to the arrest or detention of an MP, the powers of the arrested or detained MP shall be suspended by a decree for the period of arrest or detention, by a majority of three fifths of the total number of the Members of the Parliament. Where a criminal case is terminated or a court delivers a judgment of acquittal, the period during which the MP was arrested or detained shall be counted towards the total term of office of an MP by a decree of the Parliament, and the MP shall be given compensation corresponding to the period during which he/she was arrested or detained.

5. If the powers of an MP were terminated early on the basis of a court’s judgment of conviction that entered into legal force, which was later changed by a judgment of acquittal, the period during which the MP was arrested, detained and/or imprisoned shall be counted towards the total term of office of an MP by a decree of the Parliament, and the MP shall be given compensation corresponding to the period during which he/she was arrested, detained and/or imprisoned.

6. In the cases provided for by paragraphs 4 and 5 of this article, the powers of an MP shall be restored for the person concerned if the term of the Parliament, which he/she was a member of, has not expired, and in the case provided for by paragraph 5 of this article, if the powers of an MP replacing him/her have not been recognised. Where the powers of an MP cannot be restored, the term of the Parliament of respective convocation shall be counted towards the total term of office of an MP, and the MP shall be given compensation corresponding to that term of the Parliament.

Rules of Procedure of the Parliament of Georgia No 692 of 25 June 2021 – website, 25.6.2021

 

Article 12 – Special labour guarantees of MPs

1. An MP shall enjoy leave of 30 calendar days a year, which shall be optionally granted during the period between sessions of the Parliament, either in whole or in two parts.

2. An MP with severe disabilities shall be allocated a service car (adapted and special, as necessary) and assigned a support person.

3. An MP may have an assistant. The number of assistants shall be determined by the MP within the limits of expenses envisaged for these purposes.

4. An MP shall use a diplomatic passport until the expiry of his/her term of office, save for the exceptions established by the legislation of Georgia.

 

Article 13 – Ensuring the security of MPs

Conditions allowing for the smooth exercise by MPs of their powers shall be ensured. If there is sufficient information proving that the life and health of an MP is threatened, the Special State Protection Service of Georgia and other relevant authorities shall, based on the application of the MP and in accordance with the legislation of Georgia, ensure the security of him/her in the manner prescribed by the legislation of Georgia.

 

Article 14 – Remuneration of MPs

1. The limits established by Annex No 3 of the Law of Georgia on Remuneration in Public Institutions shall apply to the remuneration of MPs.

2. MPs shall be paid remuneration in the following amounts:

a) Chairperson of the Parliament – GEL 6740;

b) First Deputy Chairperson of the Parliament – GEL 6400;

c) Deputy Chairperson of the Parliament – GEL 6340;

d) Chairperson of Committee, Chairperson of Faction – GEL 5540;

e) First Deputy Chairperson of Committee, First Deputy Chairperson of Faction – GEL 4800;

f) Deputy Chairperson of Committee, Deputy Chairperson of Faction – GEL 4740;

g) Member of the Parliament who is not an official of the Parliament – GEL 4624.

3. The remuneration of an MP shall include an amount of GEL 1000 for the exercise of parliamentary powers. An MP may also be paid an amount for transportation as determined by the Bureau of the Parliament and may have an amount envisaged for life and health insurance reimbursed.

4. Expenses for the use of means of communication by an MP shall be reimbursed within the limits determined by the Bureau of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 15 – Assistance in the case of the death of an MP or his/her recognition as a person with a disability

1. If an MP dies as a result of an assault, his/her family shall be paid a one-off cash allowance of GEL 15 000.

2. If an MP dies, his/her family shall be paid a one-off cash allowance of GEL 10 000.

3. An MP who has been recognised as a person with a disability during his/her term of office, shall be paid a one-off allowance of GEL 10 000.

4. In the event of the death of an MP, his/her family members shall be entitled to state compensation in accordance with the procedures and in the amount established by the Law of Georgia on State Compensation and State Academic Stipends.

5. In the event of the death of an MP, the Parliament shall be authorised to finance all funeral-related expenses within the limits of allocations approved for the Parliament under an annual budget law.

 

Article 16 – Guarantees of former MPs and parliamentary officials

1. Former MPs shall be authorised to enter the building of the Parliament unimpeded during the term of the next convocation of the Parliament.

2. A former MP shall be entitled to a pension or paid compensation in the manner prescribed by law.

3. A resigned or removed Chairperson of the Parliament for the term of the active Parliament, as well as an MP who was the Chairperson of the previous Parliament, shall be provided with the same remuneration and working conditions (working space, secretariat, service car, means of communication and other technical means), which are provided to a Deputy Chairperson of the active Parliament.

4. The Chairperson of the Parliament shall continue receiving personal security for a period of 1 year from the expiration of his/her term of office or the termination of his/her powers if the termination of his/her powers is not the result of a violation of the Constitution of Georgia or the commission of a crime.

 

Chapter III – Chairperson of the Parliament and Deputies

 

Article 17 – Procedure for electing the Chairperson of the Parliament

1. At its first session, the Parliament shall, by secret ballot, elect for its term the Chairperson of the Parliament from among the MPs.

2. A faction, and a group of at least seven non-faction MPs, shall have the right to nominate a candidate for Chairperson of the Parliament.

3. A written application for the nomination of a candidate for Chairperson of the Parliament shall be submitted to the Chairperson of the plenary sitting, who shall compile a unified list of candidates according to the sequence in which they were nominated. After the candidates have been nominated, the Chairperson of the plenary sitting shall publish the list and request the consent of the candidates to be voted for the said position.

4. A candidate for Chairperson of the Parliament shall have the right to withdraw his/her candidacy without explanation at any time, including before each vote.

5. A candidate for Chairperson of the Parliament shall be given the floor for 20 minutes during a plenary sitting and adequate time to answer questions, after which debates shall start in accordance with the procedure established for the first reading of a draft law.

6. A candidate shall be considered to be elected to the position of Chairperson of the Parliament if he/she is supported by a majority of the total number of the Members of the Parliament.

7. If one or two candidates are participating in the election of the Chairperson of the Parliament, the voting shall be held simultaneously by means of the electronic system (the first nominated candidate shall be voted by pressing the ‘for’ button, and the second nominated candidate, by pressing the ‘against’ button), and if more than two candidates are participating in the election, the voting shall be held by ballots.

8. If only one candidate participated in the election of the Chairperson of the Parliament and he/she was not elected, a new election procedure shall start.

9. If two candidates participated in the election of the Chairperson of the Parliament and neither of them received the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start.

10. If more than two candidates participated in the election of the Chairperson of the Parliament and none of them received the necessary number of votes, the second round shall be held between the two candidates who received most votes. If neither of them receives the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start. If a candidate who enters the second round withdraws his/her candidacy, the next candidate, according to the number of votes received, shall be put to the vote instead.

11. If the votes are divided equally, a new vote shall be held.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 18 – Powers and scope of powers of the Chairperson of the Parliament

1. The Chairperson of the Parliament shall exercise the powers defined by the Constitution of Georgia and the Rules of Procedure in a fair and impartial manner.

2. The Chairperson of the Parliament shall:

a) represent the Parliament of Georgia in domestic and foreign affairs;

b) perform full administrative functions in the Palace of the Parliament;

c) direct the work of the Parliament, and provide general management for the activities of parliamentary bodies and officials;

d) preside over the plenary sittings of the Parliament, and convene and preside over the sittings of the Bureau of the Parliament, and as necessary, delegate these powers to one of his/her deputies;

e) define the responsibilities of Deputy Chairpersons by an order and give them individual tasks;

f) sign applications on the submission of draft laws adopted by the Parliament to the President of Georgia;

g) sign and publish laws in the cases provided for by the Constitution of Georgia and Article 122 of the Rules of Procedure;

h) sign and publish the Rules of Procedure, and sign other acts adopted by the Parliament;

i) define the budget of the Parliament and submit it to the Parliament for approval;

j) issue orders within his/her competence;

k) appoint the Head of a parliamentary delegation;

l) in the manner prescribed by the Rules of Procedure, decide on official visits of individual MPs and the parliamentary delegations to foreign states;

m) within his/her competence, take measures to ensure the protection of the dignity of the Parliament and the security of MPs;

n) provide general management for the activities of the Office of the Parliament;

o) approve the regulations, the structure and the staff list of the Office of the Parliament, and determine the amount of official salaries, salary increments, and cash bonuses;

p) appoint and dismiss the Chief of the Office of the Parliament, a Deputy Chief of the Office of the Parliament, the heads of the departments and of the Mandaturi Service of the Office of the Parliament in the manner prescribed by the Rules of Procedure;

q) within his/her competence, decide on issues of disciplinary liability;

r) approve the security protection regime in the Palace of Parliament and in the adjacent territory;

s) on behalf of the Parliament, assign representative powers, including proxy (power of attorney), to the Constitutional Court of Georgia and common courts;

t) invite officials to a plenary sitting of the Parliament who otherwise do not have the right to attend plenary sittings, as well as representatives of the public who wish to attend the plenary sitting;

u) approve the procedures for holding press conferences at the Parliament and for the accreditation of the representatives of mass media;

v) in the manner prescribed by the Rules of Procedure, give the right to an MP, by an order, to enter penitentiary institutions functioning in the territory of Georgia without special permission;

w) determine the procedure for reimbursing expenses for the official visits of MPs and public and state servants of the Office of the Parliament;

x) make decisions on awarding persons with the Parliamentary Order of Freedom, the Parliamentary Medal or the Parliamentary Badge;

x1) approve the procedure for holding a competition for the selection of candidates for members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment by the quota of Georgia, and the composition of a competition commission and a claims commission;

y) exercise other powers granted to him/her under the Rules of Procedure and other legislative acts.

Rules of Procedure of the Parliament of Georgia No 5492 of 11 December 2019 – website, 13.12.2019

Rules of Procedure of the Parliament of Georgia No 709 of 28 June 2021 – website, 29.6.2021

 

Article 19 – Annual report on the activities of the Parliament and action plan for the following year

1. The Chairperson of the Parliament shall coordinate and manage the preparation of an annual report on the activities of the Parliament and an action plan for the following year. The reports and action plans shall be published on the website of the Parliament.

2. The Parliament shall normally hear an annual report on the activities of the Parliament and an action plan for the following year in the first week of plenary sittings of a spring session, which shall be then submitted to the Parliament by the Chairperson of the Parliament.

3. The Parliament shall consider an annual report on the activities of the Parliament and an action plan for the following year in accordance with the procedure established for the first reading of a draft law.

 

Article 20 – Procedure for the termination of the powers of the Chairperson of the Parliament

1. The Chairperson of the Parliament shall have the right to apply in writing to the Parliament to resign or to publicly announce his/her resignation without any explanation. The Parliament shall take note of this fact at the next plenary sitting, which shall be recorded in the minutes of the sitting.

2. The Chairperson of the Parliament shall be deemed to have resigned from the moment of submitting a written application/making a public statement to this effect.

3. The Parliament shall be authorised to remove the Chairperson of the Parliament. No less than one third of the total number of the Members of the Parliament may, in writing, raise before the Parliament an issue of removing the Chairperson of the Parliament.

4. The Procedural Issues and Rules Committee of the Parliament shall examine the authenticity of the signatures of the MPs within 7 days and present its opinion to the Parliament at the plenary sitting.

5. The Parliament shall make a decision on removing the Chairperson of the Parliament without discussion, within 15 days of the issue being raised.

6. The Chairperson of the Parliament shall be considered to have been removed if the majority of the total number of the Members of the Parliament supports his/her removal.

7. If the Parliament does not make a decision on removing the Chairperson of the Parliament within the time limits determined by paragraph 5 of this article, the MP that signed the removal of the Chairperson of the Parliament shall not have the right to participate in the raising of this issue during the following 6 months.

8. If the powers of the Chairperson of the Parliament are terminated early, the Parliament shall, within 14 days, elect a new Chairperson of the Parliament in accordance with established procedures.

 

Article 21 – Acting Chairperson of the Parliament

1. When the Chairperson of the Parliament is absent, he/she shall, by an order, assign the duties of the Chairperson of the Parliament to one of his/her deputies.

2. Where the Chairperson of the Parliament fulfils the duties of the President of Georgia in cases provided for by the Constitution of Georgia, or where the Chairperson of the Parliament resigns, or he/she is removed, or he/she cannot exercise his/her powers, or where his/her powers as an MP are terminated early, his/her duties shall be fulfilled by the First Deputy, and if the First Deputy cannot exercise his/her powers, the Parliament shall, by a decree, assign the duties of the Chairperson of the Parliament to one of his/her deputies at the next plenary sitting. This decision shall be made without discussion. In such case, a faction shall have the right to nominate an acting Chairperson of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 22 – Procedure for electing Deputy Chairpersons of the Parliament

1. The Parliament shall, by secret ballot and by a majority of the total number of the Members of the Parliament, elect for its term Deputy Chairpersons, including the First Deputy Chairperson of the Parliament, from among the MPs, in the manner prescribed by the Rules of Procedure:

a) the First Deputy Chairperson of the Parliament shall be elected upon nomination by the Chairperson of the Parliament;

b) two Deputy Chairpersons of the Parliament shall be elected upon nomination by the majority of the MPs belonging to the parliamentary majority;

c) one Deputy Chairperson of the Parliament shall be elected upon nomination by the two factions in the parliamentary opposition, in which a larger number of MPs is united than in other factions in the opposition. If the relevant faction/factions does/do not nominate a candidate for Deputy Chairperson of the Parliament, the right to nominate a candidate shall be alternately granted to factions in the parliamentary opposition, in which a larger number of MPs is united than in other factions. In the event of an equal number of the members of factions, priority shall be given to the faction that received most votes in the parliamentary elections.

2. A written application for the nomination of a Deputy Chairperson shall be submitted to the Chairperson of the Parliament, who shall put this issue on the agenda of next plenary sitting in the manner prescribed by the Rules of Procedure.

3. If a candidate nominated in accordance with paragraph 1 of this article does not receive the necessary number of votes, the subjects who have the right to nominate a candidate may nominate the same candidate or a new candidate, and a new vote shall be held.

4. If the candidates for Deputy Chairperson of the Parliament do not receive the necessary number of votes in accordance with the procedures established by paragraph 3 of this article, a new election procedure shall start.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 23 – Termination of the powers of a Deputy Chairperson of the Parliament

1. The Deputy Chairperson of the Parliament shall have the right to resign in accordance with the procedure established by Article 20 of the Rules of Procedure.

2. The Parliament shall make a decision on the withdrawal of the First Deputy Chairperson of the Parliament under the initiative of the Chairperson of the Parliament without discussion, by a majority of the total number of the Members of the Parliament.

3. The subjects under Article 22(1)(b) and (c) shall have the right to withdraw at any time the Deputy Chairpersons of the Parliament elected upon their nomination. An application for the withdrawal of the Deputy Chairperson of the Parliament shall be submitted to the Chairperson of the Parliament, who shall inform the Bureau of the Parliament and the Parliament accordingly at the next plenary sitting. The Parliament shall take note of these facts, after which the powers of the Deputy Chairperson of the Parliament shall be terminated, which shall be recorded in the minutes.

4. If a Deputy Chairperson of the Parliament resigns, he/she is removed or his/her powers are otherwise terminated, or his/her powers as an MP are terminated early, the Parliament shall normally elect a new Deputy Chairperson of the Parliament within not later than 15 days.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter IV – Bureau of the Parliament

 

Article 24 – Competences of the Bureau of the Parliament

1. In order to organise the work of the Parliament, the Bureau of the Parliament shall be established comprising the Chairperson of the Parliament, the Deputy Chairpersons of the Parliament, and the chairpersons of committees of the Parliament and parliamentary factions.

2. The Bureau of the Parliament shall, in the manner prescribed by the Rules of Procedure:

a) prepare and submit to the Parliament for approval a draft agenda for the week of plenary sittings of the Parliament, and where necessary, prepare a two-week cycle work plan for the session of the Parliament;

b) ensure that draft laws, decrees, concept papers, resolutions, applications, declarations, or other acts to be adopted by the Parliament, or an issue prepared based on the opinions of a committee, a temporary investigative commission and other temporary commissions, are put on the draft agenda of the plenary sittings of the Parliament;

c) consider an issue and make decisions on discussing draft laws through accelerated and simplified procedures;

d) put the issue on a draft agenda of plenary sittings of the Parliament on the basis of the opinions of respective committees on passing a vote of confidence in the Government of Georgia, and on electing and consenting to the appointment of officials provided for by the Constitution of Georgia;

e) upon recommendation by the Procedural Issues and Rules Committee of the Parliament, approve the quotas of proportional representation in committees, temporary investigative commissions and other temporary commissions, standing parliamentary delegations and the Council of Ethics;

f) approve the statutes of committees, temporary investigative and other temporary commissions;

g) decide upon issues of the registration of factions, and the registration of the lists of members of the parliamentary majority and the parliamentary opposition;

h) make decisions on the registration of a person as a lobbyist;

i) approve the decisions of the Council of Treasurers upon recommendation by the Chairperson of the Parliament;

j) approve the statute of the Council of Ethics upon recommendation by the Council of Ethics;

k) make decisions on individual organisational issues of the work of the Parliament;

l) approve the sample of the logo of the Parliament and the rule of the application thereof;

m) approve the regulations of a competition commission on the selection of candidates for members of the Board of Trustees of the Public Broadcaster;

n) exercise other powers granted to it under the Rules of Procedure and other legislative acts.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 25 – Sittings of the Bureau of the Parliament

1. The Chairperson of the Parliament, or by his/her assignment, the Deputy Chairperson of the Parliament, shall convene and preside over the sittings of the Bureau of the Parliament.

2. The sittings of the Bureau of the Parliament shall normally be held at 15.00 every Monday during the session period, and as necessary, during the period between the sessions of the Parliament.

3. The Chairperson of the Parliament shall be authorised to convene a sitting of the Bureau of the Parliament on his/her own initiative or on the basis of a reasoned written request of a committee or a faction.

4. A sitting of the Bureau of the Parliament shall be duly constituted if it is attended by more than half of the enlisted members of the Bureau of the Parliament. The Bureau of the Parliament shall make a decision by a majority of the votes of the members of the Bureau present at the sitting, but with no less than half of the quorum necessary for opening (ascertaining the due constitution of) a sitting.

5. As a rule, the sittings of the Bureau of the Parliament are public. Public sittings shall be broadcast live on TV and radio. A sitting of the Bureau of the Parliament may be closed if so requested by a member of the Bureau and his/her request is supported by the majority of the members of the Bureau present at the sitting. The issue of whether to close the sitting of the Bureau of the Parliament shall be discussed behind closed doors. The Chairperson of the sitting shall determine the scope of persons who may attend a closed sitting of the Bureau of the Parliament.

6. The members of the Bureau of the Parliament shall be obliged to attend its sittings. Where the Chairperson of a Committee cannot attend the sittings of the Bureau of the Parliament for good reason, his/her deputy shall replace him/her with the same voting right, and the Chairperson of a Faction shall be replaced with his/her deputy or a member of the faction, upon presentation of the succession document, with the same voting right.

7. Other MPs may attend the sittings of the Bureau of the Parliament with the right of a deliberative vote.

8. A member of the Government of Georgia, the Chairperson of the Constitutional Court of Georgia, the Chairperson of the Supreme Court of Georgia, the General Auditor, the General Prosecutor of Georgia, the President of the National Bank of Georgia, the Public Defender of Georgia, the Parliamentary Secretary of the President of Georgia, the Parliamentary Secretary of the Government of Georgia and the Chairperson of the Central Election Commission of Georgia (‘the CEC’) may raise an issue before the Bureau of the Parliament and participate, with the right of a deliberative vote, in the discussion of the issue.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 26 – Decisions of the Bureau of the Parliament

1. The decisions made by the Bureau of the Parliament shall be notified to the Parliament at the next plenary sitting in cases provided for by the Rules of Procedure.

2. The Parliament may cancel or change the decisions of the Bureau of the Parliament by a majority of the votes of those present at the plenary sitting, but with no less than one fifth of the total number of the Members of the Parliament.

3. The decisions of the Bureau of the Parliament shall be documented in the minutes of the sitting of the Bureau of the Parliament. Extracts from the minutes of the sittings of the Bureau of the Parliament shall be sent as appropriate.

 

Chapter V − Committees of the Parliament

 

Article 27 – Basis for the activities of committees

1. The Parliament shall ensure the preliminary preparation of legislative issues, assistance in the execution of the decisions of the Parliament, and control over the activities of the Government of Georgia and other bodies accountable to the Parliament (bodies that submit to the Parliament reports on their activities in accordance with the Constitution of Georgia or other legislative act, or whose accountability of other type to the Parliament is directly provided for by a legislative act), through its committees.

2. The following are the committees of the Parliament:

a) the Agrarian Issues Committee;

b) the Human Rights and Civil Integration Committee;

c) the Education and Science Committee;

d) the Environmental Protection and Natural Resources Committee;

e) the Sector Economy and Economic Policy Committee;

f) the Diaspora and Caucasus Issues Committee;

g) the European Integration Committee;

h) the Defence and Security Committee;

i) the Legal Issues Committee;

j) the Culture Committee;

k) the Regional Policy and Self-Government Committee;

l) the Foreign Relations Committee;

m) the Procedural Issues and Rules Committee;

n) the Budget and Finance Committee;

o) the Sports and Youth Issues Committee;

p) the Healthcare and Social Issues Committee.

3. The Chairperson of the Parliament shall provide the general coordination of the activities of committees.

4. The powers and the procedure for the activities of committees shall be determined by the Constitution of Georgia, the Rules of Procedure, and the statutes of respective committees.

Rules of Procedure of the Parliament of Georgia No 392 of 16 March 2021 – website, 16.3.2021

 

Article 28 – Formation and composition of the committees

1. The composition of a committee shall be determined in proportion to the representation of factions and the number of non-faction MPs. The number of committee members and the quotas of proportional representation shall be determined by the Procedural Issues and Rules Committee of the Parliament and approved by the Bureau of the Parliament, and at the first sitting of a newly elected Parliament by a temporary mandate commission, and then approved by a decree of the Parliament.

2. A committee shall be composed of at least 10 MPs. A committee shall commence work if more than half of the full composition of committee members has been appointed and a Chairperson of the Committee has been elected.

3. An MP shall be obliged to be a member of at least one committee, and shall not be on more than two committees. The issue of an MP’s becoming a member of a second committee shall be decided by his/her faction in accordance with the number of seats established under the quotas of proportional representation.

4. In cases provided for by paragraph 1 of this article, a faction shall, by a decision, nominate members to a committee within 3 days after the Bureau of the Parliament (the Parliament) approves the quotas of proportional representation of factions in the committees.

5. The decision of a faction to nominate a member to the committee shall be notified to the Procedural Issues and Rules Committee of the Parliament (the temporary mandate commission of the Parliament) and the Bureau of the Parliament. The Procedural Issues and Rules Committee of the Parliament (the temporary mandate commission of the Parliament) shall examine the validity of the nomination of the member to the committee by the faction and shall respond appropriately where necessary. A member nominated by the faction shall be considered to be appointed from the moment the Bureau of the Parliament (the temporary mandate commission of the Parliament) takes note of this fact.

6. A non-faction MP shall become a member of a committee in the manner prescribed by paragraph 5 of this article, on the basis of his/her personal application.

7. (Deleted – 1.7.2020, No 6700).

8. The Chairperson of the Parliament and his/her First Deputy shall not be in the composition of a committee.

9. A respective faction shall make a decision on the committee membership of the Deputy Chairperson of the Parliament, the leader of the parliamentary majority, or the Chairperson of a Faction, according to the number established under the quotas of proportional representation.

10. If the changes within a faction affect the proportional representation of factions in a committee, the Procedural Issues and Rules Committee of the Parliament shall, within 1 week, determine new quotas of proportional representation and submit them to the Bureau of the Parliament at its next sitting.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website,

7.7.2020

 

Article 29 – Termination of the powers of a committee member

1. A committee member shall have the right to leave the committee at any time. He/she shall notify in writing thereof the Chairperson of the Faction, the Bureau of the Parliament and the Procedural Issues and Rules Committee of the Parliament.

2. The powers of a committee member shall be terminated:

a) immediately after he/she submits an application for leaving the committee;

b) immediately after his/her powers as of an MP are terminated;

c) immediately after he/she is appointed to a position incompatible with committee membership;

d) in the cases provided for by Article 51(2) of the Rules of Procedure.

 

Article 30 – Procedure for electing the Chairperson of a Committee

1. The Parliament shall, in the manner prescribed by the Rules of Procedure, elect the Chairperson of a Committee from among the members of the committee.

2. A faction, and a group of at least seven non-faction MPs, may nominate a candidate for the Chairperson of a Committee within 7 days after more than half of the full composition of committee members has been appointed, the Chairperson of the Committee has resigned, has been removed, or his/her powers have otherwise been terminated, or his/her powers as an MP have been terminated.

3. If the authorised subjects do not nominate a candidate for the Chairperson of a Committee within the time limit specified in paragraph 2 of this article, the Chairperson of the Parliament shall, within 5 days of the expiry of this time limit, nominate a candidate for the Chairperson of the Committee from among the members of the committee.

4. The Chairperson of a Committee shall be elected by open vote. If one or two candidates are participating in the election of the Chairperson of the Committee, the voting shall be held simultaneously by means of the electronic system (the first nominated candidate shall be voted by pressing the ‘for’ button, and the second nominated candidate, by pressing the ‘against’ button), and if more than two candidates are participating in the election, the voting shall be held by using nominative ballots.

5. After the candidates have been nominated, the Chairperson of the plenary sitting shall publish a list of candidates.

6. A decision electing the Chairperson of a Committee shall be deemed to be adopted if it is supported by a majority of of the total number of the Members of the Parliament. The decision shall be made without discussion.

7. If only one candidate participated in the election of the Chairperson of a Committee and he/she was not elected, a new election procedure shall start. If two candidates participated and neither of them received the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start.

8. If more than two candidates participated in the election of the Chairperson of the Committee and none of them received the necessary number of votes, the second round shall be held between the two candidates who received most votes. If only two candidates with the best results cannot be identified in the first round, the second round shall be held between the candidates who shared the first or the second place according to the number of votes received. A candidate having received more votes, but no less than one third of the total number of the Members of the Parliament, shall be deemed elected. If the votes are divided equally, a new election procedure shall start.

9. If a candidate, who enters the second round, withdraws his/her candidacy, the next candidate, according to the number of votes received, shall be put to the vote instead.

10. A candidate shall have the right to withdraw his/her candidacy before each vote.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 31 – Procedure for electing Deputy Chairpersons of a Committee

1. A committee shall, by open vote and by a majority of enlisted members, elect three Deputy Chairpersons (including the First Deputy) from among its members at the first organisational sitting and shall inform the Bureau of the Parliament accordingly.

2. The Chairperson of a Committee shall have the right to nominate a candidate for the First Deputy Chairperson of a Committee. One candidate for Deputy Chairperson of a Committee may be nominated by a faction in the parliamentary majority or a group of at least seven non-faction MPs in the parliamentary majority, and one candidate for Deputy Chairperson of a Committee may be nominated by a faction in the parliamentary opposition or a group of at least seven non-faction MPs in the parliamentary opposition.

3. If one candidate participated in the election of a Deputy Chairperson of a Committee and he/she could not receive the necessary number of votes, a new election procedure shall start. If two candidates participated and neither of them received the necessary number of votes, the candidate with more votes shall be put to the vote again. If he/she still cannot receive the necessary number of votes, a new election procedure shall start. If more than two candidates participated and none of them received the necessary number of votes, the second round shall be held between the two candidates who received most votes.

4. If a candidate who enters the second round withdraws his/her candidacy, the next candidate, according to the number of votes received, shall be put to the vote instead.

5. If only two candidates with the best results cannot be identified in the first round, the second round shall be held between the candidates who shared the first or the second place according to the number of votes received.

6. A candidate having received more votes shall be deemed elected in the second round.

7. If the candidates participating in the second round receive an equal number of votes, the candidate with the best results in the first round shall be deemed a winner. If a winner cannot be determined under this procedure, a new election procedure shall start.

8. If a new election procedure starts, the relevant subjects have the right to nominate the same candidate or another candidate. The same candidate may be nominated only twice.

9. The procedure established by this article shall be applicable to the election of the legal successor of the First Deputy Chairperson of a Committee or a Deputy Chairperson of a Committee after the termination of their powers.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 32 – Termination of the powers of the Chairperson of a Committee and Deputy Chairpersons of a Committee

1. The Parliament shall be authorised to remove a Chairperson of a Committee, and the committee shall be authorised to remove a Deputy Chairperson of a Committee if requested by the Chairperson of the Parliament, the Bureau of the Parliament, no less than one fifth of the Members of the Parliament, as well as in the case of the Chairperson of a Committee, by a majority of the enlisted members of the respective committee, and in the case of a Deputy Chairperson of a Committee, by no less than one third of the enlisted members of the respective committee.

2. A decision on removal shall be deemed to be adopted if it is supported by a majority of the total number of the Members of the Parliament in the case of the Chairperson of a Committee, and by a majority of the enlisted members of the committee in the case of a Deputy Chairperson of a Committee.

3. The Chairperson of a Committee shall have the right to resign at any time. An application for resignation shall be submitted to the Bureau of the Parliament. The Chairperson of a Committee shall be deemed to have resigned from the moment the application is submitted to the Bureau of the Parliament. The Parliament shall take note of an application for resignation at a plenary sitting, which shall be recorded in the minutes of the sitting.

4. A Deputy Chairperson of a Committee shall have the right to resign at any time. An application for resignation shall be submitted to the Chairperson of a respective committee, who shall introduce it to the committee. A Deputy Chairperson of a Committee shall be deemed to have resigned from the moment the application is submitted to the Chairperson of the Committee. The Parliament shall take note of the application of the Deputy Chairperson of the Committee for resignation at a plenary sitting, which shall be recorded in the minutes of the sitting.

5. If an MP is elected to the position of Deputy Chairperson of a Committee by the quota of a faction and his/her status of membership in the faction is terminated, his/her authority as Deputy Chairperson of the Committee shall also be terminated.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 33 – Statute of a committee

1. A committee shall adopt its statute at the first organisational sitting.

2. A statute of a committee shall determine the directions of activities and the powers of the committee, and issues related to the organisation of its work.

3. The minutes of the first organisational sitting and the statute of the committee shall be submitted to the Bureau of the Parliament.

 

Article 34 – Committee sittings

1. A committee shall determine the frequency of holding committee sittings, but no fewer than two sittings shall be held per month during the session period (a committee shall not be obliged to hold a committee sitting in the period between sessions). A committee sitting shall be convened on the date determined in advance.

2. The Chairperson of a Committee shall convene committee sittings on his/her own initiative, or at the request of the majority of the enlisted members of the committee, or upon instruction by the Bureau of the Parliament.

3. A committee sitting shall be duly constituted if it is attended by a majority of the enlisted members of the committee.

4. If a committee member appointed by a faction cannot take part in the work of the committee, the faction shall have the right to temporarily replace him/her with another member of the faction, and the faction shall in writing notify the Chairperson of the respective committee accordingly before a committee sitting starts. This right in respect of each member of a faction, in the case of his/her non-attendance at a committee sitting, may be exercised not more than five times within one session period. A committee member shall not be considered to have missed the sitting of a respective committee if the sitting is attended by his/her legal successor.

5. The Procedural Issues and Rules Committee of the Parliament shall examine information related to the exercise of the right provided for by paragraph 4 of this article and respond accordingly to meet the requirements of the paragraph. At the end of every session, the Procedural Issues and Rules Committee of the Parliament shall, where necessary, discuss an issue of exercising the right provided for by paragraph 4 of this article, and if a violation is identified, it shall submit a relevant opinion to the Bureau of the Parliament.

6. A committee sitting shall not be considered to have been missed without good reason by a committee member if the Chairperson of the Committee has been informed before the sitting in writing of a good reason for missing the committee sitting by the committee member. A valid excuse for the non-attendance of a committee sitting by a committee member shall be his/her illness (confirmed by a medical certificate for sick leave), a business trip, or the birth/death/illness of a family member (confirmed by a medical certificate for sick leave). For the purposes of this paragraph, a ‘family member’ means a spouse, a direct ascendant and descendant relative, a stepchild, a sister, or a brother. A committee sitting shall not be considered to have been missed without good reason either if the committee sitting has been convened in violation of the time limit determined by paragraph 8 of this article. The fact of the non-attendance of a committee sitting by a committee member shall be recorded in the minutes.

7. Committees shall, not later than 3 days after the end of each month, send to the Procedural Issues and Rules Committee of the Parliament the records of the committee sittings, as well as written applications submitted to the Chairperson of the Committee in connection with the reasons for missing committee sittings by committee members and for the exercise of the right provided for by paragraph 4 of this article.

8. Information on the date and agenda of a committee sitting, together with issues under consideration, shall be published on the website of the Parliament not later than 3 calendar days before the sitting. The time limit determined by this paragraph shall not apply to cases where a draft law is considered in an accelerated manner.

9. The Chairperson of a Committee shall determine an agenda of a committee sitting on his/her own initiative or at the request of a committee member/members. Putting a new issue on the agenda at a committee sitting shall be inadmissible unless such issue is provided for by the Constitution of Georgia and where a draft law is considered in an accelerated manner. An issue may be removed from the agenda by a reasoned decision of the majority of committee members present at the sitting. An issue may be removed from, or put on, the agenda before the committee sitting at the reasoned written request of the majority of the enlisted members of the committee.

10. Decisions shall be made at committee sittings by open vote, by a majority of the votes of the committee members present at the sitting, but with no less than half of the votes necessary for opening (ascertaining the due constitution of) a sitting, except in cases provided for by the Rules of Procedure.

11. Committee sittings shall be public. Public sittings shall be broadcast live. In special cases, a committee shall hold closed sittings. A decision on holding a closed sitting shall be made behind closed doors, by a majority of the enlisted members of the committee. The Chairperson of the sitting shall determine the scope of persons who may attend a closed committee sitting. Closing a committee sitting during the consideration of a draft law shall be inadmissible.

12. Other MPs, members of the Government of Georgia and invited persons may attend committee sittings with the right of a deliberative vote.

13. Interested representatives of the public may be invited to attend committee sittings. They may be given the floor by a decision of the Chairperson of the sitting.

14. Mass media representatives accredited in accordance with established procedures may be invited to attend committee sittings. Keeping up running commentaries on committee sittings on TV and radio shall be allowed.

15. The discussions of draft laws by a committee shall not be held during the plenary sittings of the regular session of the Parliament, unless a decision on considering a draft law in an accelerated manner has been made, or in cases where a draft law on the State Budget or a draft law on amendments to the State Budget is considered.

16. Committees shall be authorised to hold off-site sittings. Where an MP who is a member of two committees is present at the sitting of one of these committees, the sitting of the second committee shall not be considered to have been missed by the MP without good reason if the sittings of both committees are held on the same day and at least one of them is an off-site sitting.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 35 – Joint sitting of committees

A joint sitting of committees may be held at the request of the Chairperson of the Parliament, or by a decision of the Bureau of the Parliament, or by a decision of the Chairpersons of the relevant committees. The committees shall make respective decisions regarding issues considered at a joint sitting by separate votes.

 

Article 36 – Powers of the Chairperson of a Committee, First Deputy Chairperson of a Committee and Deputy Chairpersons of Committee

1. The Chairperson of a Committee shall exercise the powers within his/her competence in a fair and impartial manner.

2. The Chairperson of a Committee shall:

a) direct the activities of the committee, convene and preside over committee sittings;

b) represent the committee in the Parliament, outside thereof, and in relevant inter-parliamentary relations;

c) sign acts of the committee and the minutes of its sittings;

d) provide general management for the committee office;

e) organise the drafting of an annual action plan of the committee;

f) according to annual results, submit a written report to the Parliament on the activities of the committee not later than 2 weeks before the start of a spring session;

g) issue orders on internal organisational issues of the committee;

h) exercise other powers granted to him/her under the Rules of Procedure and other legislative acts.

3. A First Deputy Chairperson of a Committee shall:

a) fulfil the duties of the Chairperson of a Committee if the latter is absent;

b) perform individual tasks received from the Chairperson of a Committee.

4. A Deputy Chairperson of a Committee shall:

a) fulfil the duties of the Chairperson of the Committee upon instruction by the Chairperson of the Committee if the First Deputy Chairperson is absent;

b) perform individual tasks received from the Chairperson of the Committee.

5. Where the Chairperson of a Committee resigns, or he/she is removed, or his/her powers are otherwise terminated, or he/she cannot exercise his/her powers, or his/her powers as an MP are terminated early, the duties of the Chairperson of the Committee shall be performed by the First Deputy Chairperson of the Committee. In the absence of the First Deputy Chairperson of the Committee, the committee shall assign the duties of the Chairperson of the Committee to his/her deputy by a majority of its enlisted members.

6. In the case provided for by paragraph 4 of this article, one-third of the enlisted members of the committee or the Deputy Chairperson of the Committee shall have the right to convene a committee sitting to assign the duties of the Chairperson of the Committee. In such case, one of the Deputy Chairpersons of the Committee shall preside over the committee sitting by a decision of the majority of the enlisted members of the committee.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 37 – Powers of a committee

1. A committee shall, within its competence:

a) draw up, consider and prepare, for the plenary session of the Parliament, draft legislative acts of Georgia, draft decrees and other decisions of the Parliament;

b) participate in the consideration and handling of draft laws and/or other draft acts submitted to the Parliament, prepare opinions and a paper reflecting the status of consideration of submitted comments in the draft law;

c) consider a draft budget and prepare an opinion;

d) consider reports of the State Audit Office in the manner prescribed by the Rules of Procedure;

e) control the execution of legislative acts of Georgia, decrees and other decisions of the Parliament, and submit a relevant opinion to the Parliament where necessary;

f) exercise control over the activities of the Government of Georgia and other bodies accountable to the Parliament, and submit a relevant opinion to the Parliament where necessary;

g) decide organisational issues of the activities of the committee;

h) exercise the right of legislative initiative;

i) based on the activities of the committee, prepare an action plan of the committee and publish it on the website of the Parliament;

h) exercise other powers granted to it under the Rules of Procedure and other legislative acts.

2. All of the issues under consideration shall be considered at the plenary sitting of the Parliament by a respective committee, save for the exceptions provided for by the Rules of Procedure.

3. On its own initiative or on the basis of a respective application, request or petition, a committee shall, within its competence, examine the activities of administrative bodies and shall, where necessary, request relevant materials and submit its opinion to the Parliament for discussion.

4. Other powers of a committee shall be determined by the statute of the committee.

 

Article 38 – Control over the enforcement of normative acts

1. A committee shall control the status of the enforcement of normative acts adopted by the Parliament in the area falling within its purview. For this purpose, a committee shall study and analyse the efficiency of normative acts in question and any omissions identified during the period that they were effective, shall consider measures necessary to remedy said omissions and subjective and objective factors that prevent the proper enactment of the normative acts, and shall take measures to ensure their execution.

2. On the basis of a request from a respective committee, the Bureau of the Parliament shall be authorised to put an issue of the enforcement of normative acts on the agenda for the week of the plenary sittings of the Parliament. The issue shall be discussed in accordance with the procedure established by the Rules of Procedure for the first reading of a draft law.

3. After the parliamentary hearing of information on the status of the enforcement of a normative act, the Parliament shall, where necessary, adopt a decree that may reflect:

a) the Parliament’s evaluation regarding the enforcement of the normative act;

b) an assignment for a relevant committee to prepare appropriate amendments to introduce them in the normative act.

4. A committee shall, within its competence, analyse case law and take appropriate measures to remedy legislative gaps.

 

Article 39 – Checking the compliance of normative acts with the legislation of Georgia

1. A committee shall be authorised to check the compliance of the normative acts of the Government of Georgia, of the ministers of Georgia, and of the heads of other state agencies of the executive authority of Georgia, with the legislation of Georgia, and the status of their execution. It shall examine and analyse any gaps identified during the period that the normative acts were effective and shall prepare recommendations and send them to a relevant agency.

2. A committee shall, in the area falling with its purview, check the fulfilment, within the determined time limit, of the tasks assigned to the institutions of the executive authority under the transitional provisions of the normative acts of the Parliament. If the time limit for the fulfilment of such tasks is not determined, the committee shall determine it for the relevant institution of the executive authority. The committee shall submit information on the status of the fulfilment of tasks provided for by this paragraph to the Procedural Issues and Rules Committee of the Parliament, which shall study the information and submit it to the Bureau of the Parliament once every 3 months. The Procedural Issues and Rules Committee of the Parliament shall publish information on the status of the fulfilment of tasks assigned under the transitional provisions of the normative acts of the Parliament on the website of the Parliament.

3. In the case of failure to fulfil a task or a recommendation provided for by this article, a committee shall make an appropriate decision.

 

Article 40 – Compulsory attendance of officials at committee sittings

1. A member of the Government of Georgia, an official accountable to the Parliament (a member of the Government, a head or an official of a body accountable to the Parliament, that submits to the Parliament a report on its activities in accordance with the Constitution of Georgia or other legislative act, or whose accountability of other type to the Parliament is directly provided for by a legislative act), a head of a body accountable to the Parliament, and the Public Defender of Georgia, shall be authorised, and if requested, obliged to attend committee sittings in the manner prescribed by the Rules of Procedure, to provide answers to questions raised at the sitting, and to submit a report on activities performed. A committee shall hear such an official immediately upon request.

2. A person under paragraph 1 of this article shall be obliged to attend a committee sitting on the basis of a request of the majority of committee members present at the sitting, or of a faction, except in cases provided for by paragraph 3 of this article. However, a faction shall have the right to summon a person to a committee sitting if this faction has a member on the committee.

3. The Prime Minister of Georgia, the General Prosecutor of Georgia, the Head of the State Security Protection Service of Georgia shall be obliged to attend a committee sitting at the written request of the majority of enlisted committee members. The written request shall contain comprehensive information on the issue/issues to be discussed with an official to be summoned to a committee sitting.

4. The Chairperson of a Committee shall send a person under paragraph 1 of this article the request of the committee that he/she be summoned to the committee sitting. The request shall be sent not later than 1 week before the committee sitting. A person under paragraph 1 of this article shall be heard by the committee at the first committee sitting after this period lapses. This procedure may be changed on the basis of an agreement between the initiator of the summoning and the person being summoned.

5. A request under paragraph 4 of this article shall contain comprehensive information on the issue/issues to be discussed with a person to be summoned to a committee sitting. A person summoned to a committee sitting shall have the right not to discuss issues that have not been communicated to him/her in accordance with the procedure established by this article.

6. A person summoned to a committee sitting shall be given the floor for 20 minutes, which may be extended by not more than 10 minutes by a decision of the Chairperson of the sitting.

7. After a person under paragraph 1 of this article finishes his/her speech, MPs shall have the right to ask questions regarding the speech for not less than 30 minutes. At first, the initiator of the summoning shall ask questions. The time for questions shall be fairly allocated among factions/non-faction MPs. After questions have been asked, the official shall provide answers separately to each question asked by the MPs.

8. A person under paragraph 1 of this article shall be obliged to attend a committee sitting at the request of the majority of enlisted committee members within 2 months after his/her attendance at a committee sitting on a compulsory basis.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 41 – Obligation to provide information

If requested by a committee, a member of the Government of Georgia, an official of a body accountable to the Parliament, and/or the head of a body accountable to the Parliament, shall submit relevant documents, opinions and other necessary materials within the time limit determined by the committee.

 

Article 42 – Committee acts

1. Committee acts are: an opinion, a recommendation, and a decision.

2. After hearing, controlling and checking information on the issue falling within its competence, as well as after considering a draft law, a committee shall prepare an opinion. A committee opinion shall contain an assessment and/or specific response measures. Committee opinions shall be normally submitted to the Bureau of the Parliament, the plenary sitting of the Parliament, or shall be sent as appropriate.

3. The sample/samples of committee opinions shall be approved by an order of the Chairperson of the Parliament.

4. After hearing, controlling and checking information on the issue falling within its competence, as well as on identified facts of violation of the Constitution of Georgia and the laws of Georgia, a committee shall prepare recommendations. A committee recommendation may be submitted to the Parliament or sent according to jurisdiction for further response. The committee shall be notified of the results of the discussion of the recommendation, or of subsequent measures, not later than 1 month or within the time limit determined by the committee.

 

Article 43 – Action plan of a committee

1. Committees shall, before the opening of a spring session, draw up an annual action plan for the work of a respective committee, which shall be approved by a decision of the committee, not later than 2 weeks of the opening of a spring session.

2. Action plans of committees shall be approved by the majority of enlisted committee members, and shall be notified to the Bureau of the Parliament and published on the website of the Parliament.

3. An action plan of a committee shall contain information on activities to be carried out, and time limits, for the fulfilment by the committee of legislative, supervisory and other functions, including the functions determined by Articles 38 and 39 and Article 201(2) of the Rules of Procedure. An action plan shall designate a member/members responsible for carrying out each of the activities. Such member(s) shall automatically be the thematic speaker(s) as provided for by Article 45 of the Rules of Procedure.

 

Article 44 – Report on activities performed by a committee

1. The Chairperson of a Committee shall, not later than 2 weeks before the opening of a spring session, submit to the Parliament a written report on the activities performed by the committee and a relevant statement based on the results of each year.

2. The Deputy Chairperson of a Committee, who was elected under the quota of the parliamentary opposition, shall be authorised to be the co-speaker during the discussion of the report on the activities performed by the committee. 

3. Reports shall be submitted to the Organisational Department of the Office of the Parliament, which shall immediately send it to the Chairperson of the Parliament, Deputy Chairpersons of the Parliament, other committees, factions, and non-faction MPs. The reports shall be published on the website of the Parliament.

4. The Bureau of the Parliament shall put an issue of the discussion of a report on the agenda of the plenary sitting of a spring session.

5. The duration of the speech of each speaker on the report at the plenary sitting of the Parliament shall not exceed 20 minutes. Where required, the duration of the speech may be extended by not more than 10 minutes by a decision of the Chairperson of the sitting.

6. After a speaker finishes his/her speech, a co-speaker shall take the floor. The duration of the speech of a co-speaker shall not exceed 15 minutes. The duration of the speech may be extended by not more than 5 minutes by a decision of the Chairperson of the sitting.

7. Issues shall be discussed in accordance with the procedure established by the Rules of Procedure for the first reading of a draft law, in accordance with paragraphs 5 and 6 of this article.

8. The Parliament shall take note of reports submitted by committees.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 45 – Thematic speaker of a committee

1. To better carry out the legislative, supervisory and other activities of the Parliament, as well as to ensure the quality of work and the allocation of workload among MPs, a committee member shall be the thematic speaker within the competence of the committee, in accordance with the procedure established by this article.

2. The working field/fields or direction/directions of a thematic speaker shall be determined annually, in accordance with an action plan of the committee.

3. The Chairperson of a Committee shall appoint committee members as thematic speakers, taking into consideration their initiatives, for the duration of the action plan of the committee. One thematic speaker from among the MPs in the parliamentary majority, and, if desired, one thematic speaker from among the members of factions and from among the non-faction MPs who are in the parliamentary opposition, shall be responsible for each working field/direction provided for by the action plan of the committee. The third and each subsequent thematic speaker may be appointed in the same working field/direction by a decision of the Chairperson of the Committee.

4. If no one expresses a wish to be a thematic speaker for the working field/direction provided for by an action plan of a committee, the Chairperson of the Committee shall himself/herself designate a thematic speaker.

5. A unified list of thematic speakers, with an indication of respective working fields/directions, shall be published on the website of the Parliament according to committees.

6. A thematic speaker shall analyse the issues within the competence of the committee (including draft laws) according to the corresponding working fields/directions, and shall prepare a report that he/she shall submit to the committee during the discussion of the issue (draft law).

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 46 – Working group of a committee

Each committee shall create working groups to facilitate committee activities and to preliminarily prepare legislative issues, and in relation to other ongoing issues. A working group of a committee may be composed of MPs and of specialists in the relevant field.

Article 47 – Scientific Consultative Council

1. A committee, by its decision, may set up a scientific consultative council under it’s auspices, to provide consultation on issues related to its sectoral specialisation and directions, for the term of the Parliament, and such a council shall be composed of competent specialists in the relevant fields. The composition and the procedure for the activities of a scientific consultative council shall be determined by a decision of a committee.

2. A relevant committee shall convene a sitting of a scientific consultative council as necessary.

 

Chapter VI – Faction

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 48 – Status of a faction

1. A faction is a political subject of the activities of the Parliament wherein MPs unite to achieve common political goals. The procedures for the forming and activities of factions and their powers shall be determined by the Constitution of Georgia and the Rules of Procedure.

2. A faction shall not be formed for personal, professional, local, regional or religious purposes.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 49 – Formation of a faction

1. At least seven MPs may form a faction.

2. MPs elected upon nomination by the same party shall not have the right to form more than one faction.

3. MPs intending to form a faction shall draw up a charter of the faction.

4. A charter of a faction shall regulate its internal organisational issues in accordance with the Constitution of Georgia and the Rules of Procedure.

5. A charter of a faction shall determine procedures for its formation and changes to its composition, procedures for setting up a management body of a faction and electing officials, and their competences, the powers of faction members, the goals, tasks and structure of the faction, and a procedure for revising the charter.

6. The Chairperson of a Faction shall be the head of the faction. The Chairperson of a Faction may have not more than one deputy per 15 members of the faction. If the Chairperson of a Faction has more than one deputy, one of them may be assigned the status of First Deputy Chairperson of the Faction. The powers and the procedure for the election, removal and resignation of the Chairperson of a Faction, the First Deputy Chairperson of a Faction and a Deputy Chairperson of a Faction shall be determined by the charter of the faction.

7. A faction shall be considered to have been formed from the moment when at least seven MPs adopt its charter.

8. The registration of newly formed factions is mandatory. Before being registered, a newly formed faction shall exercise the powers determined by Article 50 of the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 50 – Registration of a faction

1. The rights and obligations of a faction shall emerge from the moment of its registration.

2. A faction shall, before registration, elect a chairperson from its composition.

3. To register a faction, at the very first meeting of a newly elected Parliament, the Chairperson of a Faction shall submit to the temporary mandate commission of the Parliament an application indicating an official name of the faction and the names of its chairperson, other officials, and members. The charter of the faction shall be attached to the application. The temporary mandate commission of the Parliament shall immediately consider an issue of the registration of a faction, and shall make a decision. If the temporary mandate commission of the Parliament does not make any decision at the first sitting of the Parliament, the faction shall be considered as having been registered from the moment when the documents were submitted to the temporary mandate commission. A faction, whose registration has been rejected, shall have the right to raise an issue of the lawfulness of the decision of the temporary mandate commission of the Parliament at a plenary sitting of the Parliament.

4. To register a faction, except in the cases provided for by paragraph 3 of this article, the Chairperson of the Faction shall, within 1 week of its formation, submit to the Chairperson of the Parliament an application indicating the official name of the faction and the names of its chairperson, other officials, and members. The charter of the faction shall be attached to the application. The Chairperson of the Parliament shall immediately forward the documents submitted for the registration of a faction to the Procedural Issues and Rules Committee of the Parliament, which shall submit its opinion to the Bureau of the Parliament at its next sitting. Unless the Bureau of the Parliament makes another reasoned decision in accordance with paragraph 5 of this article at its next sitting, the faction shall be considered as having been registered from the moment the documents were submitted to the Chairperson of the Parliament. The decision of the Bureau of the Parliament shall be notified to the Parliament at the next plenary sitting, and shall be published on the website of the Parliament.

5. If a faction does not meet the requirements of Article 48(2) and Article 49(1-3) of the Rules of Procedure, its registration shall be rejected. A faction, whose registration has been rejected, shall have the right to raise an issue of the lawfulness of the decision of the Bureau of the Parliament at a plenary sitting of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 51 – Representation of a faction in parliamentary bodies

1. The representation of a faction in parliamentary bodies shall be determined in proportion to the number of MPs united in the faction, save for the exceptions established by the Constitution of Georgia and the Rules of Procedure.

2. A member nominated by a faction shall terminate his/her activities in a parliamentary body or in a parliamentary post from the moment that the faction is abolished, or he/she leaves or is excluded from the faction, or the Bureau of Parliament takes note of the application for his/her withdrawal by the faction from the said body in the manner prescribed by the Rules of Procedure. A faction shall have the right to nominate a new candidate.

3. In the case that a faction is formed, or is abolished, or members join or leave a faction, or they are excluded from a faction, if the changes to the faction affect the proportional representation of the factions, the Procedural Issues and Rules Committee of the Parliament shall determine the new quotas of proportional representation of factions.

4. Where the quotas of proportional representation are increased, individual issues of the representation of a faction in parliamentary bodies shall be decided by the respective faction.

5. Where the quotas of proportional representation are decreased, a faction shall be obliged to decide itself an issue of the withdrawal of its members from parliamentary bodies. Where a faction fails to fulfil this obligation within 1 week, an issue of the withdrawal of a member of the respective faction from a parliamentary body shall be decided by this parliamentary body.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 52 – Change in the composition of a faction

1. An MP may unite in one faction only.

2. An MP willing to become a member of a faction shall file a written application with the Chairperson of the faction.

3. A faction shall consider an application of an MP in accordance with the procedure established by the charter of the faction, and shall make an appropriate decision.

4. An MP shall have the right to leave a faction at any time without statement of reasons, for which he/she shall file a written application with the Chairperson of the Faction.

5. A faction shall have the right to exclude any of its members in the cases provided for by the charter of the faction.

6. The Chairperson of a Faction shall, within 3 days, inform in writing the Procedural Issues and Rules Committee of the Parliament and the Bureau of the Parliament of any members joining, leaving, or being excluded from the faction.

7. A member shall be considered to have joined a faction, to have left a faction or to have been excluded from a faction from the moment when the Bureau of the Parliament takes note of this fact. In the case provided for by paragraph 9 of this article, a member shall be considered to have left a faction upon the submission of an application for his/her leaving the faction, and to have been excluded from the faction, from the moment of his/her exclusion by the faction.

8. In the case that a member joins a faction, the Procedural Issues and Rules Committee of the Parliament shall verify the correctness of a change to the faction and shall respond appropriately where necessary.

9. If fewer than seven members remain in a faction after a member leaves the faction or he/she is excluded from the faction, or the powers of the member of the faction as an MP are terminated, the faction shall be considered to be abolished dissolved on the 7th day after the member of the faction leaves, or is excluded from, the faction, or the powers of the member of the faction as an MP are terminated. During this period, the faction shall retain the rights provided for by the Rules of Procedure. The Procedural Issues and Rules Committee of the Parliament shall notify the Parliament of the abolition of the faction at the next plenary sitting.

10. The election, removal, or resignation of the officials of a faction, and amendments to the founding documents of a faction, shall be notified to the Bureau of the Parliament and the Procedural Issues and Rules Committee of the Parliament within 3 days of the occurrence of the respective fact.

11. Information on changes referred to in paragraphs 6, 8 and 10 of this article shall be published on the website of the Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 53 – Free tribune for factions

A faction shall have the right to make a speech twice for 30 minutes during a regular session. A faction may raise this issue after the discussion on the issues are over, except a voting procedure. The Parliament shall be obliged to give the floor to the faction immediately.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 54 – Funding of factions

1. The expenses of a faction shall be funded from the budget of the Parliament. The space allocated in the Palace of the Parliament and the funds allocated for the operations of a faction shall be normally determined in proportion to the number of MPs united in the faction.

2. The payroll for the employees of the office of a faction shall be determined in proportion to the representation of the faction. The Bureau of the Parliament shall approve the decision of the Council of Treasurers of the Parliament on determining the payroll for the employees of the office of a faction upon recommendation by the Chairperson of the Parliament.

 

Article 55 – Inter-faction group

1. To overcome differences in views arising in the Parliament during the consideration of draft laws and other issues, and to specify and agree on certain provisions, an inter-faction group shall be set up by an order of the Chairperson of the Parliament on the basis of consultations with factions.

2. An inter-faction group shall be authorised to apply to the Chairperson of the Parliament and the Bureau of the Parliament with its opinions and proposals concerning a draft law or another issue.

 

Article 56 – Parliamentary majority and parliamentary opposition

1. A list of members of the parliamentary majority confirmed by the signatures of at least 76 MPs shall be submitted to the Bureau of the Parliament not later than on the 35th day after the first meeting of a newly elected Parliament, and the Bureau of the Parliament shall register it. Including only a portion of members of any faction in the list of members of the parliamentary majority shall be inadmissible.

2. A list of members of the parliamentary majority shall indicate the leader of the parliamentary majority. The leader of the parliamentary majority is not a parliamentary post, and the status of leader of the parliamentary majority may be combined with a parliamentary post. The leader of the parliamentary majority shall ensure the overall political coordination of the work of the factions and non-faction MPs in the parliamentary majority.

3. A faction, or a non-faction MP, shall have the right to withdraw from the parliamentary majority at any time. He/she/it shall notify the Procedural Issues and Rules Committee of the Parliament of his/her/its withdrawal. If an MP in the parliamentary majority unites in a faction in the parliamentary opposition, he/she shall be considered to have withdrawn from the majority. The Bureau of the Parliament shall register the relevant change upon recommendation by the Procedural Issues and Rules Committee of the Parliament. The Bureau of Parliament shall not register the relevant change if the number of MPs in the parliamentary majority becomes fewer than 76. In such case, the parliamentary majority shall be considered to have been dissolved. After the dissolution of the parliamentary majority, a new list of members of the majority shall be submitted to the Bureau of Parliament in accordance with the procedure established by this article, and the Bureau of the Parliament shall register it.

4. Members of the parliamentary majority shall have the right to submit an updated list of members of the parliamentary majority to the Bureau of Parliament at any time. The list shall be updated in accordance with the procedure established by paragraphs 1 and 2 of this article.

5. An MP who is not in the parliamentary majority belongs to the parliamentary opposition. The Bureau of the Parliament shall, at its next sitting, register a list of members of the parliamentary opposition upon recommendation by the Procedural Issues and Rules Committee of the Parliament, after the registration of the list of members of the parliamentary majority or changes to the list of members of the parliamentary majority.

6. An MP nominated under the quota of the parliamentary majority or the parliamentary opposition shall terminate his/her activities in a parliamentary body or in a parliamentary post if he/she no longer belongs to the parliamentary majority or the parliamentary opposition, respectively.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 57 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 58 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 59 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 60 – (Deleted)

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter VII – Temporary Investigative and Other Temporary Commissions

 

Article 61 – Basis for the activities of a temporary investigative commission

1. In accordance with Article 42 of the Constitution of Georgia, if there is a basis provided for by this article, a temporary investigative commission shall be created in the Parliament to inquire into facts of violation of the legislation of Georgia by state bodies and officials and to respond accordingly. A temporary investigative commission is a temporary subject of the activities of the Parliament.

2. The basis for creating a temporary investigative commission shall be:

a) information on the illegal acts or corruption offences of state bodies and officials that threaten state security, sovereignty, territorial integrity, or the political, economic or other interests of Georgia;

b) information on the illegal spending of the State Budget and municipal budgets.

3. A temporary investigative commission shall be created only to examine a particular issue and shall be abolished in the manner prescribed by the Rules of Procedure once the issue has been examined.

4. A temporary investigative commission shall be accountable to the Parliament.

5. A temporary investigative commission shall draw up its statute, which shall be approved by the Bureau of the Parliament.

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 62 – Creating a temporary investigative commission

1. The right to initiate a draft decree of the Parliament on the creation of a temporary investigative commission shall be vested in the Chairperson of the Parliament, a committee, a faction, or at least one fifth of the composition of the Parliament. A draft decree shall contain an appropriate substantiation of the need to create a temporary investigative commission. A draft decree of the Parliament shall be submitted to the Bureau of the Parliament for putting on the agenda of the next plenary sitting. The Parliament shall make a decision on creating a temporary investigative commission with the support of one third of the total number of the Members of the Parliament. When making a decision, the votes of those opposed shall not be taken into account. A decree of the Parliament shall indicate the basis for creating a temporary investigative commission, the range of issues to be inquired into, and the term of the commission.

2. Within 3 days of the adoption of a decree provided for by paragraph 1 of this article, the number of members of the temporary investigative commission and the quotas of proportional representation shall be determined by the Procedural Issues and Rules Committee of the Parliament and approved by the Bureau of Parliament at the next sitting.

3. The composition of a temporary investigative commission shall be determined in proportion to the number of MPs united in factions and of non-faction MPs. However, factions shall be represented in a temporary investigative commission by at least one member, and the representation of the opposition in a temporary investigative commission shall not be more than half of the total number of the members of the commission.

4. Factions and non-faction MPs shall, in compliance with the quotas determined in accordance with paragraph 2 of this article, within 3 days after the Bureau of the Parliament makes a decision on the approval of quotas, by their decisions, nominate members of a temporary investigative commission and shall notify the Bureau of Parliament thereof.

5. Not later than 3 days from the moment that the Bureau of the Parliament takes note of the information on the nomination of the members of a temporary investigative commission, the first organisational meeting of the temporary investigative commission shall be held.

6. A temporary investigative commission shall elect a chairperson of the commission and a secretary of the commission, and shall draw up a statute of the commission, at the first organisational meeting.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 63 – Officials of a temporary investigative commission

1. The officials of a temporary investigative commission shall be: the chairperson of the temporary investigative commission and the secretary of the temporary investigative commission.

2. The officials of a temporary investigative commission shall exercise the powers within their competence in a fair and impartial manner.

3. A chairperson of a temporary investigative commission shall:

a) represent the commission in the Parliament and outside thereof;

b) convene and preside over the sittings of the commission;

c) coordinate the activities of the members of the commission;

d) sign acts of the commission and minutes of its sittings;

e) exercise other powers granted to him/her under the legislation of Georgia.

4. A secretary of a temporary investigative commission shall:

a) organise the holding of sittings of the commission;

b) supervise office work in the commission, and sign the minutes of the sittings of the commission;

c) if the chairperson of the commission cannot exercise his/her powers, temporarily fulfil the duties of the chairperson of the commission;

d) perform individual tasks received from the chairperson of the commission;

e) exercise other powers granted to him/her under the statute of the commission.

 

Article 64 – Election and termination of the powers of a chairperson of a temporary investigative commission and a secretary of a temporary investigative commission

1. A chairperson of a temporary investigative commission and a secretary of a temporary investigative commission shall be elected by the commission from among the members of the commission, by a majority of the enlisted members of the commission.

2. More than one third of the members of the commission shall have the right to nominate candidates provided for by paragraph 1 of this article.

3. If the chairperson of a temporary investigative commission is a member of the majority, the secretary of a temporary investigative commission shall not be a member of the majority, and if the chairperson of a temporary investigative commission is not a member of the majority, the secretary of a temporary investigative commission shall be a member of the majority.

4. If one candidate participated in the election of persons provided for by paragraph 1 of this article and he/she was not elected, a new election procedure shall start. If two candidates participated in the election and neither of them received the necessary number of votes, the second round shall be held between the two candidates, and the candidate having received more votes shall be deemed elected in the second round. If the votes are divided equally, a new election procedure shall start.

5. If a chairperson of a temporary investigative commission could not be elected in accordance with the procedure established by this article, he/she shall be elected by casting lots.

6. On the initiative of more than one third of the enlisted members of the commission, a temporary investigative commission shall have the right to remove at any time the chairperson of the commission or the secretary of the commission by a majority of the enlisted members.

7. A temporary investigative commission shall take note of an application for the resignation of persons provided for by paragraph 1 of this article.

8. A temporary investigative commission shall notify the Bureau of the Parliament of decisions and information provided for by this article.

 

Article 65 – Termination of the powers of a member of a temporary investigative commission

1. A member of a temporary investigative commission shall have the right to leave the commission on the basis of his/her personal application.

2. A temporary investigative commission may exclude any of its members from the commission if the member did not participate in the work of the commission for 2 consecutive weeks without good reason, did not attend its sittings, or exceeded his/her powers. A temporary investigative commission shall make this decision by at least two thirds of the members of the commission present at its sitting, and shall notify the Parliament thereof.

3. Other grounds for terminating the powers of a member of a temporary investigative commission shall be determined by Article 51(2) and (5) of the Rules of Procedure.

4. In the case that the powers of a member of a temporary investigative commission are terminated, the faction shall have the right to nominate a new member.

 

Article 66 – Term of a temporary investigative commission

1. A temporary investigative commission may be created for a period of not more than 3 months. The term of a temporary investigative commission may be extended by not more than 1 month each time in accordance with the procedure established by paragraph 2 of this article. The total term of a temporary investigative commission shall not exceed 6 months.

2. If a temporary investigative commission does not submit a draft decision on the issue under consideration within the determined time limit, the Parliament shall hear at the next plenary sitting a report on the activities performed by the commission, and on the basis thereof, shall make one of the following decisions with the support of one third of the total number of the Members of the Parliament:

a) to extend the term of the commission;

b) to terminate of the powers of the commission.

3. If less than 3 months remain before the expiry of the term of the Parliament of respective convocation, a temporary investigative commission shall not be created. The powers of all temporary investigative commissions shall be terminated 3 months before the expiry of the term of the Parliament. A temporary investigative commission shall be obliged to submit a report on the activities performed before this date. If a temporary investigative commission does not prepare an opinion on the issue under consideration before this date, materials obtained by the commission and a respective report shall be submitted to the Parliament of new convocation, which shall, in the manner prescribed by Article 62(1) of the Rules of Procedure, decide to further examine and consider the issue.

4. After a temporary investigative commission completes its activities, the materials related to these activities shall be transferred to the Office of the Parliament in the manner prescribed by law.

 

Article 67 – Powers of a temporary investigative commission

1. Attendance at the sittings of a temporary investigative commission at its request shall be mandatory.

2. A temporary investigative commission shall have the right to summon and take written explanations from any person on account of any circumstances related to an issue under examination, except in cases provided for by law and the Rules of Procedure.

3. To fulfil specific tasks, a temporary investigative commission shall be authorised, in agreement with the head of a respective state body, to summon employees of the Prosecutor’s Office of Georgia, the Ministry of Internal Affairs of Georgia, the State Security Service, other bodies, institutions and agencies, who if necessary, for the period needed to fulfil the specific tasks of the commission, shall be released from their official duties, with their salaries retained in respective state bodies and business trip expenses reimbursed.

4. If requested by a temporary investigative commission, state bodies, officials, and natural and legal persons shall, within the time limit determined by the commission and in accordance with the established procedure, submit the conclusions required for the examination of the issue and other necessary materials. A temporary investigative commission shall have the right to raise an issue before a relevant state control body to obtain information on the issue under consideration.

5. A temporary investigative commission shall be authorised to apply with a written request to the General Prosecutor of Georgia and, in accordance with the procedure established by the Criminal Procedure Code of Georgia, to familiarise itself on-site with the criminal case and receive the copies of relevant case materials, as well as to familiarise itself with available materials on the reasons why an investigation was not initiated, if the commission believes that the data necessary to inquire into the issue under consideration may be found in that case or case materials.

6. On the basis of a written request of a temporary investigative commission and upon instruction by the General Prosecutor of Georgia, an investigator shall ensure that the members of the commission have the opportunity to familiarise themselves with the criminal case and materials on-site and to obtain the copies thereof.

7. The process of taking explanations from a minor shall be attended by his/her legal representative. A person who has not attained the age of 14 shall be made aware of the need to give a correct explanation, but he/she shall not be warned about criminal liability for refusing to give or avoiding giving an explanation, or intentionally giving a false explanation.

8. If the person does not speak the state language of Georgia, an interpreter shall be assigned. If an explanation is taken from a person with hearing and speech disabilities, a person who knows his/her language shall be assigned. If an interpreter or a person who knows the language of a person with hearing and/or speech disabilities intentionally translates incorrectly, he/she shall be held liable in accordance with Article 370 of the Criminal Code of Georgia.

9. Explanations shall be taken from the invited person at a sitting of a temporary investigative commission. In exceptional cases, a temporary investigative commission may assign not fewer than three members of the commission, at least one of whom shall not be a representative of the majority, to take explanations. Before taking an explanation, the person shall be warned of the criminal liability for refusing to give or avoiding giving an explanation, or intentionally giving a false explanation, which shall be specified in the text of the explanation and confirmed by the signature of the invited person.

10. The procedure for granting a temporary investigative commission access to state secrets shall be determined by the legislation of Georgia.

11. A temporary investigative commission shall be authorised to apply to the Parliament with a proposal to collect the signatures of the MPs to raise an issue of the removal, through impeachment, of officials provided for by the Constitution of Georgia.

12. A temporary investigative commission shall have the right to create a working group with the participation of members of the commission and invited experts to prepare a specific issue.

 

Article 68 – Sittings of a temporary investigative commission

1. A temporary investigative commission shall determine the venue and the frequency of holding commission sittings, but no fewer than two sittings shall be held per month.

2. A sitting of a temporary investigative commission shall be duly constituted if it is attended by a majority of the members of the commission. A temporary investigative commission shall make a decision by a majority of the enlisted members of the commission, unless otherwise provided for by the Rules of Procedure. If the votes are divided equally, a new vote shall be held. If a decision is not made again, the issue shall be considered to have been rejected.

3. The members of a temporary investigative commission shall be notified in advance of the date and agenda of the sitting of the commission. This information shall be published on the website of the Parliament once the date of the sitting has been set.

4. Other MPs and invited persons may attend the public sittings of a temporary investigative commission with the right of a deliberative vote. Public sittings shall be broadcast live.

5. The Public Defender of Georgia shall be heard by a temporary investigative commission upon request. For this purpose, the Public Defender of Georgia shall, not later than 3 days before applying to the temporary investigative commission, submit to the chairperson of the commission in writing issues regarding which he/she wants to apply to the commission. The chairperson of the commission shall ensure that the written application presented by the Public Defender of Georgia is immediately forwarded to the members of the commission.

6. A temporary investigative commission may, upon the proposal of a member of the commission, make a decision to hold a closed sitting. A decision to close the sitting of a temporary investigative commission shall be made behind closed doors. The chairperson of a temporary investigative commission shall determine the scope of persons who may attend the closed sitting of the commission.

7. Sittings of a temporary investigative commission shall not be held during the plenary sittings of the regular session of the Parliament.

 

Article 69 – Minutes of a sitting of a temporary investigative commission and confidentiality of parliamentary investigation

1. The work of a temporary investigative commission shall be fully and accurately reflected in the minutes of the sitting of the commission, and the secretary of a commission shall be responsible for the preparation of the minutes.

2. A member of a temporary investigative commission shall have the right to view the minutes of the sitting of the commission and express comments.

3. If a temporary investigative commission uses in its work documents containing information with state secrets, it shall follow the procedures established by law for the storage and use of such documents.

4. The publication, in full or in part, of information (materials) received by the temporary investigative commission, and of the minutes of the sittings of the commission, if they contain criminal case materials, shall be allowed with the consent of the General Prosecutor of Georgia, and the procedure for publishing materials containing state secrets or the minutes of sittings shall be determined by the legislation of Georgia.

5. The members of a temporary investigative commission, and other persons participating in the work of the commission, shall be obliged to maintain the confidentiality of parliamentary investigation.

 

Article 70 – Acts of a temporary investigative commission and the procedure for their consideration

1. If a violation of the legislation of Georgia is identified after hearing, controlling and checking information on the issue under consideration, a temporary investigative commission shall have the right to raise the issue before the relevant body or official responsible for preventing a violation of the legislation of Georgia, and, depending on the nature of the violation of the legislation of Georgia, shall have the right to raise the issue of initiating an investigation, bringing administrative or disciplinary proceedings, reclaiming state property from illegal possession, or deciding on compensation for damage caused to the State.

2. In relation to an issue under consideration, a temporary investigative commission shall draw up the following acts: an opinion, a recommendation, or a decision. Opinions and recommendations shall be adopted only at the final stage of the consideration of an issue, and decisions shall be adopted in relation to issues provided for by Article 67 of these Rules of Procedure.

3. A temporary investigative commission shall consider acts on an issue under consideration publicly, with mandatory live broadcast, except for issues contained in acts the publicity of which is limited by the legislation of Georgia.

4. An opinion/recommendation adopted by a temporary investigative commission shall be submitted to the Bureau of the Parliament to put it on the agenda of the plenary sitting of the Parliament. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. A temporary investigative commission shall have the right to send its acts for response to relevant bodies, institutions or agencies.

5. If the acts of a temporary investigative commission are sent to relevant bodies, institutions or agencies, the commission shall be notified of the results of the discussion of the issue, and of subsequent measures, not later than 1 month or within the time limit determined by it.

6. The position of a temporary investigative commission shall be presented at the plenary sitting of the Parliament by the chairperson or the speaker of the commission, who shall be elected by the commission from among its members.

7. The plenary sitting of the Parliament, at which an act drawn up by the temporary investigative commission is considered, may be public or closed. By a decision of the Parliament, a closed plenary sitting may be held to consider an act drawn up by the temporary investigative commission. A decision to close the sitting shall be made behind closed doors. At the beginning of a closed plenary sitting, the chairperson of the sitting shall warn the MPs and the persons with the right to attend closed sittings in the manner prescribed by the Rules of Procedure about the liability established by law for disclosing data on the temporary investigative commission, investigation data, or data containing classified information.

8. The consideration of an act of a temporary investigative commission at the plenary sitting of the Parliament shall begin with a speech of the chairperson of the commission or a speaker elected by the commission from among its members, the duration of which shall not exceed 30 minutes (where required, the duration of the speech may be extended by not more than 30 minutes by a decision of the chairperson of the sitting).

9. After the speaker finishes his/her speech, MPs shall have the right to ask questions regarding the issue under consideration. The questions and answers and the speeches of the MPs shall take place in accordance with the procedure established by the Rules of Procedure for the first reading of a draft law.

10. If requested by a commission or a faction, the Parliament shall adopt a decree regarding an act drawn up by the temporary investigative commission.

11. A temporary investigative commission shall, together with its opinion, submit to the Parliament materials available to it. If criminal case materials are attached to the opinion, the consent of the General Prosecutor of Georgia shall be required to hold a public plenary sitting of the Parliament. The procedure for presenting data containing classified information at a public plenary sitting shall be determined by law.

 

Article 71 – Funding of a temporary investigative commission

The expenses incurred by a temporary investigative commission during the period of its activities shall be reimbursed from the budget of the Parliament. The Bureau of the Parliament shall approve the decision of the Council of Treasurers of the Parliament on the amount of expenses of the temporary investigative commission upon recommendation by the Chairperson of the Parliament.

 

Article 72 – Basis for the activities of other temporary commissions

1. Other temporary commissions (‘temporary commission’) are temporary subjects of the Parliament, which are created to carry out non-permanent tasks of state and/or public importance, the fulfilment of which requires collegial consideration and resolution of the issue.

2. In addition to a temporary commission under paragraph 1 of this article, a temporary commission on the restoration of territorial integrity and de-occupation shall be created in the Parliament. The Chairperson of the Parliament shall elect one of his/her deputies as chairperson of such commission upon nomination by a faction.

3. The activities of a temporary commission shall be subject to the procedures established by the Rules of Procedure for temporary investigative commissions, except for Article 61(1) and (2), Article 67(3) and (7-11) and Article 70(11) of the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 73 – Creating a temporary commission

1. The right to initiate the issue of creating a temporary commission shall be vested in the Chairperson of the Parliament, a committee, a faction, or at least one fifth of the Members of the Parliament.

2. The Parliament shall make a decision on creating a temporary commission in accordance with the procedure established by the Rules of Procedure for creating temporary investigative commissions, by a majority of the votes of those present at a plenary sitting, but with no less than one fourth of the total number of the Members of the Parliament.

 

Article 74 – Term of a temporary commission

1. If less than 6 months remain before the expiry of the term of the Parliament of respective convocation, a temporary commission shall not be created.

2. The duration of a temporary commission on the restoration of territorial integrity and de-occupation shall be determined by a decree of the Parliament and it shall not be subject to a restriction established by the Rules of Procedure for the terms of temporary commissions.

3. A temporary commission established on the issue provided for by Article 72(2) of these Rules of Procedure shall submit to the Parliament a report on the activities performed at least once every 3 months, as well as after the expiry of the term of the temporary commission and the extension of the term of the temporary commission. If a temporary commission does not submit the report to the Parliament, or the Parliament finds the submitted report unsatisfactory, the Parliament shall decide, by a decree, to replace the chairperson and the members of the temporary commission.

 

Chapter VIII – Consultative Bodies of the Parliament

 

Article 75 – Permanent consultative councils of the Parliament

1. Permanent consultative councils shall be created in the Parliament to facilitate the development and coordination of the continuous, systemic and sustainable policies of the Parliament in certain areas.

2. The permanent consultative councils of the Parliament are:

a) the Permanent Parliamentary Gender Equality Council;

b) the Parliamentary Standing Council of Open Government;

c) the Rights of the Child Standing Parliamentary Council.

Rules of Procedure of the Parliament of Georgia No 5023 of 20 September 2019 – website, 23.9.2019

 

Article 76 – Permanent Parliamentary Gender Equality Council

1. The Parliament shall, in accordance with the Constitution of Georgia, international treaties and other legislative and subordinate normative acts, determine the main directions of state policy on gender, ensure the creation and development of a legislative framework for gender equality, review and approve relevant strategy, and control the activities of bodies accountable to the Parliament on gender equality issues.

2. The Permanent Parliamentary Gender Equality Council has been created in the Parliament to ensure systematic and coordinated work on gender issues.

3. The Chairperson of the Parliament shall approve the number of members and the composition of the Council. The composition of the Permanent Parliamentary Gender Equality Council shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

4. The Permanent Parliamentary Gender Equality Council shall draft and submit its statute to the Chairperson of the Parliament. The Chairperson of the Parliament shall approve the statute of the Permanent Parliamentary Gender Equality Council. The following powers shall be provided for by the statute of the Permanent Parliamentary Gender Equality Council:

a) analyse the legislation of Georgia and develop proposals to eliminate existing gender inequality in the legislation;

b) ensure the expert examination, in terms of assessing gender equality, of draft legislative acts submitted under legislative initiatives;

c) develop and plan individual measures to achieve gender equality and ensure equal rights for women and men;

d) develop and introduce a system for monitoring and evaluating measures taken to ensure gender equality, and produce appropriate recommendations;

e) request and receive any information and documents related to the study of a gender equality issue, except for documents the confidentiality of which is protected in accordance with the legislation of Georgia;

f) consider applications, documents and other information on violations of gender equality and respond to them within its competence, and produce appropriate recommendations;

g) invite representatives of international or local organisations and/or experts working in the relevant field to consider issues related to gender equality;

h) exercise other powers granted to it by the legislation of Georgia.

5. The Permanent Parliamentary Gender Equality Council shall, once a year, submit to the Parliament a report on the situation of gender equality in Georgia, and shall prepare reports on the status of the fulfilment of international commitments in respect of gender equality issues. The Permanent Parliamentary Gender Equality Council shall be authorised, on the basis of the relevant decision of the Chairperson of the Parliament, to represent the Parliament in international relations in connection with gender equality issues.

6. The Permanent Parliamentary Gender Equality Council shall be chaired by the Chairperson of the Parliament, or by his/her assignment, one of the members of the Council.

 

Article 77 – Parliamentary Standing Council of Open Government

1. The goal of the Parliamentary Standing Council of Open Government shall be to ensure the openness, transparency and accountability of the Parliament based on the principles of open government and the systematic and coordinated work of the Parliament in this direction.

2. The statute and composition of the Parliamentary Standing Council of Open Government shall be approved by an order of the Chairperson of the Parliament. The Parliamentary Standing Council of Open Government shall draft its statute and submit it to the Chairperson of the Parliament for approval.

3. The statute of the Parliamentary Standing Council of Open Government shall determine the powers, the procedure of the activities, the organisational issues of the work of the Council, issues related to the cooperation of the Council with representatives of civil society, issues related to the organisation of annual meetings of the Parliament with public organisations, as well as the procedure for supervising the implementation of an action plan developed by the executive authorities of Georgia within the framework of open governance.

4. The number of members and the composition of the Parliamentary Standing Council of Open Government shall be approved by the Chairperson of the Parliament. The composition of the Parliamentary Standing Council of Open Government shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

5. The Parliamentary Standing Council of Open Government shall be chaired by the Chairperson of the Parliament, or by his/her assignment, one of the members of the Council.

 

Article 771 – Rights of the Child Standing Parliamentary Council

1. The Rights of the Child Standing Parliamentary Council has been created in the Parliament to ensure systematic and coordinated work on issues of the protection of the rights of the child, to develop appropriate legislation, and to supervise the execution of decisions on issues related to the rights of the child.

2. The number of members and the composition of the Rights of the Child Standing Parliamentary Council shall be approved by the Chairperson of the Parliament. The composition of the Rights of the Child Standing Parliamentary Council shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

3. The Rights of the Child Standing Parliamentary Council shall draft and submit its statute to the Chairperson of the Parliament. The Chairperson of the Parliament shall approve the statute of the Rights of the Child Standing Parliamentary Council. The following powers shall be provided for by the statute of the Rights of the Child Standing Parliamentary Council:

a) analyse the legislation of Georgia and develop proposals to ensure the elimination of gaps in the legislation regulating the protection of the rights of the child;

b) ensure the expert examination, in terms of assessing an impact on the legal status of children, of draft legislative acts submitted under legislative initiatives;

c) develop and plan individual measures to realise the rights of the child;

d) develop and introduce a system for monitoring and evaluating measures taken to ensure the protection of the rights of the child, and produce appropriate recommendations;

e) request and receive any information and documents related to the study of an issue of the protection of the rights of the child, except for documents the confidentiality of which is protected in accordance with the legislation of Georgia;

f) consider applications, documents and other information on violations of the rights of the child and respond to them within its competence, and produce appropriate recommendations;

g) invite representatives of international or local organisations and/or experts working in the relevant field to consider issues related to the rights of the child;

h) exercise other powers granted to it by the legislation of Georgia.

4. The Rights of the Child Standing Parliamentary Council shall, by March 1 of each year, submit to the Parliament a report on the situation of the protection of the rights of the child in Georgia for the previous year, and shall prepare reports on the status of the fulfilment of international commitments in respect of issues of the protection of the rights of the child. The Rights of the Child Standing Parliamentary Council shall be authorised, on the basis of the relevant decision of the Chairperson of the Parliament, to represent the Parliament in international relations in connection with issues of the protection of the rights of the child.

5. The Rights of the Child Standing Parliamentary Council shall be chaired by the Chairperson of the Parliament or, by his/her assignment, one of the members of the Council.

Rules of Procedure of the Parliament of Georgia No 5023 of 20 September 2019 – website, 23.9.2019

 

Article 78 – Council of Treasurers

1. The Chairperson of the Parliament shall, within his/her competence, control the financial activities in the Parliament through the Budget and Finance Committee of the Parliament, as well as the Council of Treasurers intended to govern the targeted spending of the budget of the Parliament.

2. The Council of Treasurers is a consultative body of the Parliament. The Chairperson of the Parliament shall approve the number of members and the composition of the Council of Treasurers. The composition of the Council of Treasurers shall be determined by the Chairperson of the Parliament on the basis of preliminary consultations with parliamentary factions.

3. The powers and the procedure for the activities of the Council of Treasurers shall be determined by the statute of the Council of Treasurers, which shall be approved by the Chairperson of the Parliament.

 

Article 79 – Joint coordination council

1. To coordinate the legislative processes of the Parliament and of the Supreme Councils of the Autonomous Republics of Abkhazia and Ajara, a joint coordination council composed of the representatives of the Parliament and of the Supreme Councils of the Autonomous Republics of Abkhazia and Ajara shall be created by an order of the Chairperson of the Parliament.

2. A joint coordination council shall consist of six members, three of them being appointed by the Chairperson of the Parliament and three by the Chairperson of the Supreme Councils of the Autonomous Republics of Abkhazia and Ajara.

3. The sittings of a joint coordination council shall, without a right to vote, be presided over by the Chairperson of the Parliament, or by his/her assignment, one of his/her deputies.

4. The sittings of a joint coordination council shall be held at least once every 3 months.

 

Article 80 – State commission

1. The Parliament shall be authorised to create a state commission, a consultative body composed of the representatives of various authorities and other persons with relevant competencies, to determine certain main directions of the country’s domestic and foreign policy.

2. A person may be appointed as a member of a state commission only with his/her consent.

3. A state commission shall be created by a decree of the Parliament. The same decree shall determine the composition of a state commission and approve the statute of the state commission, which determines its powers, duration and the procedure for its activities.

4. A state commission shall have the right to receive information and other documents necessary for its work from state institutions.

5. The Office of the Parliament shall provide organisational and technical support to a state commission. The expenses of state commissions shall be covered from the budget of the Parliament.

 

Article 81 – Restrictions on holding sittings of consultative bodies

Sittings of consultative bodies shall not be held during the plenary sittings of a regular session of the Parliament.

 

Chapter IX – Sessions and Sittings of the Parliament

 

Article 82 – Regular and extraordinary sessions of the Parliament

1. The Parliament shall meet for a regular or an extraordinary session.

2. The Parliament shall meet for a regular session twice a year, for spring and autumn sessions, in accordance with the Constitution of Georgia and in the manner prescribed by these Rules of Procedure. The autumn session shall open on the first Tuesday of September and close on the third Friday of December. The spring session shall open on the first Tuesday of February and close on the last Friday of June.

3. The national anthem of Georgia shall be performed at the opening and closing of a session.

4. A regular session of the Parliament shall be declared opened and closed at a sitting of the Bureau of the Parliament or at a plenary sitting of the Parliament, respectively.

5. The Parliament shall meet for an extraordinary session only during the period between regular sessions, and for a special sitting/sittings, in the course of a regular session.

6. A regular session of the Parliament shall not need to be officially convened. Extraordinary sessions and special sittings of the Parliament shall be convened in the cases provided for and in accordance with procedures established by the Constitution of Georgia and the Rules of Procedure.

7. The President of Georgia shall convene an extraordinary session during the period between sessions, and a special sitting, in the course of a regular session, at the request of the Chairperson of the Parliament, at least one fourth of the Members of the Parliament, or the Government of Georgia.

8. The Chairperson of the Parliament or at least one fourth of the Members of the Parliament shall submit to the President of Georgia a written request to convene an extraordinary session or a special sitting of the Parliament. A written request for a special sitting shall be accompanied by a list of issues to be considered at the special sitting, and a written request for an extraordinary session shall be accompanied by a list of proposed issues to be considered at the extraordinary session.

9. An act on convening an extraordinary session or a special sitting shall be issued within 48 hours of the submission of a written request. Otherwise, the Parliament shall meet by a decision of the Chairperson of Parliament within the next 48 hours.

10. The Government of Georgia shall submit a request to convene an extraordinary session or a special sitting to the President of Georgia.

11. The President of Georgia shall convene an extraordinary session or a special sitting within the time specified in the request, of which the MPs shall be notified in person.

12. When an extraordinary session is convened, its agenda shall be defined in accordance with the procedure established by Article 89 of these Rules of Procedure. A special sitting shall be held only based on a pre-defined agenda and shall close once the agenda has been exhausted.

13. Extraordinary sessions of the Parliament shall be planned according to the plan developed by the Bureau of the Parliament, and special sittings shall be subject to the requirements of Article 88(2-4) of these Rules of Procedure.

14. An extraordinary session or a special sitting of the Parliament shall end not later than 1 day before the beginning of a regular session. The Parliament may add an issue/issues to the agenda of a regular session, the discussion of which was not completed at an extraordinary session.

 

Article 83 – Emergency sessions

1. The Parliament shall meet for an emergency session immediately after the President of Georgia declares a state of emergency or martial law. If the said period coincides with a regular or an extraordinary session of the Parliament, the Parliament shall continue to work in emergency session mode. An emergency session shall continue until the state of emergency has been revoked, according to the plan developed by the Bureau of the Parliament.

2. The Parliament shall discuss immediately and vote, without preliminary committee hearings and other relevant procedures, on issues of the declaration of a state of emergency or martial law, the conclusion of a peace treaty, the approval of the decrees of the President of Georgia, the use of the Defence Forces, and the entry into the country, the use and movement of the military forces of a foreign state in the cases provided for by the Constitution of Georgia.

3. The decisions of the President of Georgia declaring a state of emergency or martial law shall be discussed in accordance with the procedures established by Article 71 of the Constitution of Georgia and these Rules of Procedure at an emergency sitting of the Parliament, subject to the following exceptions:

a) the President of Georgia, or a person specially authorised by him/her, is the principal speaker;

b) the Prime Minister of Georgia or a person specially authorised by the Government of Georgia, or the representatives of committees and factions are co-speakers allocated 10 minutes each;

c) a debate is not held;

d) only the President of Georgia or a person specially authorised by him/her and the Prime Minister of Georgia or a person specially authorised by the Government of Georgia are making a closing speech.

4. In the case of consent, the Chairperson of the Parliament shall immediately sign and publish a decree of the Parliament on giving consent to the declaration of a state of emergency or martial law and/or the conclusion of a peace treaty.

5. If the Parliament does not approve the decision of the President of Georgia to declare a state of emergency or martial law or to conclude a peace treaty, such a decision shall cease to have legal effect upon voting.

 

Article 84 – Plenary sitting hall of the Parliament

1. The Chairperson of a sitting shall sit in the centre of the sitting presidium in the plenary sitting hall of the Parliament (‘the sitting hall’).

2. A special place shall be allocated for the President of Georgia in the sitting hall.

3. The entry of the President of Georgia into the sitting hall bears special importance and shall be announced by a Chief Mandaturi.

4. A tribune for speakers shall be placed in front of the sitting presidium.

5. An MP shall sit in the place specially designated for him/her in the sitting hall. A respective place shall also be allocated for each faction.

6. Special seats shall be allocated in the sitting hall for the members of the Government of Georgia, heads of other state bodies of the executive authority of Georgia and their deputies, representatives of the diplomatic corps accredited in Georgia invited to the plenary sitting, official and honourable guests of the Parliament, responsible persons from the Office of the Parliament, representatives of mass media, and citizens who wish to attend the sitting in a prescribed manner.

7. The clothing of persons in the sitting hall shall be formal and business or national.

8. Representatives of the public may be invited to the sitting hall for a specified period, with the consent of the chairperson of the sitting, to get acquainted with the work of the Parliament during the plenary sitting.

 

Article 85 – First meeting of a newly elected Parliament

1. A newly elected Parliament shall be authorised to start work at its first sitting if the majority of the total number of the Members of the newly elected Parliament is present (registered). The Office of the Parliament shall register MPs on the basis of temporary certificates issued by the CEC. MPs shall confirm their presence at a sitting by signing a registration sheet.

2. The President of Georgia shall open the first sitting of a newly elected Parliament. The Chairperson of the CEC shall attend the sitting.

3. The President of Georgia shall give the floor to the eldest MP, who shall chair the first sitting of the newly elected Parliament until the Chairperson of the Parliament is elected.

4. Representatives of the State and the public may be invited to the first sitting of a newly elected Parliament.

 

Article 86 – Temporary vote-counting commission and temporary mandate commission of the Parliament. Oath of an MP

1. The following commissions shall be elected at the first sitting of a newly elected Parliament, after preliminary consultations with political forces elected to the Parliament, upon nomination by the Chairperson of the CEC, in accordance with the principle of proportionality, from among the MPs and by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament:

a) a temporary vote-counting commission of the Parliament composed of 11 members which shall elect a chairperson and a secretary from among its members by a majority of votes. A temporary vote-counting commission shall manage the preparation and distribution of ballots and the voting process, and shall oversee and count votes during voting by open or secret ballot. A temporary vote-counting commission shall cease its activities once the agenda approved at the first sitting of the Parliament has been exhausted;

b) a temporary mandate commission of the Parliament composed of 17 members, which shall elect a chairperson and a secretary from among its members by a majority of votes.

2. The powers of a temporary mandate commission shall be terminated immediately after the staffing of the Procedural Issues and Rules Committee.

3. At the first sitting of a newly elected Parliament, the Chairperson of the CEC shall inform the Parliament of the results of the elections and shall hand over necessary documents (election protocols, materials on the results of elections, materials on the validity of their conduct, complaints received, applications on identified facts of violation of electoral legislation, and activities incompatible with the status of MP) to the temporary mandate commission for the recognition of the powers of the MPs.

4. A temporary mandate commission shall study the documents referred to in paragraph 3 of this article and shall report the results to the Parliament, and the Parliament shall, by a decree, recognise the powers of the MPs according to a unified list presented by the temporary mandate commission.

5. The decree of the Parliament recognising the powers of MPs shall not include the name of a person, the legality of whose election as an MP:

a) has been appealed to the Constitutional Court of Georgia or to a common court of Georgia;

b) has been challenged by the temporary mandate commission.

6. In cases provided for by:

a) paragraph 5(a) of this article, the Parliament shall discuss an issue of recognising the powers of a person elected as an MP at its next plenary sitting on the basis of an opinion of the temporary mandate commission, and after the staffing of the Procedural Issues and Rules Committee, on the basis of the latter’s opinion, unless the court establishes a circumstance provided for by law that prevents the election of the said person as an MP;

b) paragraph 5(b) of this article, the temporary mandate commission or the Procedural Issues and Rules Committee of the Parliament shall study an issue of recognising the powers of a person elected as an MP and shall prepare a relevant opinion. The Parliament shall consider the said opinion at the next plenary sitting and shall make an appropriate decision.

7. The Parliament shall acquire full powers from the moment that the powers of two thirds of the total number of the Members of the Parliament are recognised. The powers of the previous Parliament shall be terminated from this moment.

8. If the number of MPs whose powers have been recognised by the Parliament is less than two thirds of the total number of the Members of the Parliament, the plenary sitting of the Parliament shall be terminated. The next sitting of a newly elected Parliament shall be convened by the Chairperson of the CEC within 10 days after the day when it becomes possible to raise before the Parliament an issue of recognising the powers of as many persons elected as MPs as are necessary to make two thirds of the total number of the Members of the Parliament. An issue of recognising the powers of such persons shall be regulated in accordance with the procedure established by this article.

9. After the powers of at least two thirds of the total number of the Parliament have been recognised, the MPs shall take an oath of loyalty to the country. The Chairperson of the CEC shall read out the text of the oath: ‘I, as a representative of all Georgia, accountable to my country, declare before God and the nation that I shall honestly perform the rights and duties of a Member of the Parliament, and that I shall serve to preserve the constitutional order, independence, unity and integrity of my country, the interests of the people, the rights and freedoms of citizens and the might of Georgia’. After the text of the oath is read, the MPs shall say ‘I swear’ and shall sign the text of the oath, after which the national anthem of Georgia shall be performed.

10. An MP, the recognition of whose powers has been postponed or who was elected as an MP in the second round or as a replacement of a retired MP, shall sign the text of the oath upon the recognition of his/her powers.

11. Upon the first meeting of a newly elected Parliament, the MPs shall submit to the temporary mandate commission of the Parliament an appropriate application and documents on the formation of factions and the drawing up of a list of members of the parliamentary majority.

12. A temporary mandate commission shall inform the plenary sitting of the Parliament of the formation of factions, and of the registration of a list of members of the parliamentary majority and a list of members of the parliamentary opposition, unless the temporary mandate commission decides otherwise.

13. Immediately after the formation of factions, the temporary mandate commission of the Parliament shall prepare and submit to the factions the quotas of proportional representation of factions in the committees. The temporary mandate commission shall submit to the next plenary sitting of the Parliament for approval the quotas of proportional representation of factions in the committees. The Parliament shall decide on the quotas by a decree.

14. (Deleted – 1.7.2020, No 6700).

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 87 – Sequence of consideration of issues at the first sitting

1. A newly elected Parliament shall consider issues at its first sitting in the following order:

a) the election of the Chairperson, the First Deputy Chairperson, and Deputy Chairpersons of the Parliament;

b) the election of the chairpersons of committees in the manner prescribed by the Rules of Procedure.

2. Voting at the first sitting of a newly elected Parliament shall be held by means of the electronic system. If necessary, voting may be held by ballots.

3. The first sitting of a newly elected Parliament shall, by a decision of the Parliament, in the manner prescribed by the Rules of Procedure, continue until the issues provided for by paragraph 1 of this article have been exhausted.

 

Article 88 – Two-week cycle of a regular session

1. A regular session of the Parliament shall be planned in two-week cycles. The first week, except for the first week of the sittings of a newly elected Parliament, shall be dedicated to plenary sittings, and the second week shall be dedicated to the work of the committees and meetings with the electorate. The offices of factions shall organise meetings with the electorate.

2. Regular plenary sittings of the Parliament, except during a state of emergency and martial law, shall be normally held from 12.00 to 19.00 on Tuesdays, Wednesdays, Thursdays and Fridays of the week of plenary sittings. A break shall be announced from 15.00 to 16.00. A plenary sitting of the Parliament may be prolonged until 21.00 by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament. A plenary sitting may be prolonged during the presentation of the annual report of the President of Georgia, a speech of the Prime Minister of Georgia, political debates, interpellation, the Minister’s hour, a discussion of an issue of confidence in the Government of Georgia, a discussion of the reports of the State Audit Office, the Public Defender of Georgia, the General Prosecutor of Georgia, and the Head of the State Security Service of Georgia, until the issue is exhausted.

3. During the work cycle of a regular session, plenary sittings shall not normally be held on Mondays and on days off and holidays provided for by law. A decision to hold plenary sittings of the Parliament on Mondays and on days off and holidays provided for by law during the week of plenary sittings shall be made by the Bureau of the Parliament.

4. If necessary, the Parliament shall change the schedule of its work by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament.

5. In the year of parliamentary, presidential or municipal body elections, the plenary sittings of the Parliament shall not normally be held for a period of 1 month before the elections. During this period, if it coincides with the week of the plenary sittings of the regular session of the Parliament, if necessary, the plenary sittings shall be convened by the Chairperson of the Parliament on his/her own initiative or on the basis of a request of at least one fourth of the Members of the Parliament. In other cases, plenary sittings shall be convened and held in accordance with the procedure established by Article 82 of the Rules of Procedure for special sittings.

6. The regular sessions of the previous Parliament shall not be held after the election day of a new Parliament, whereas an emergency session, an extraordinary session or a special sitting shall be held only on issues provided for by Article 39(2), Article 44(3), Article 71 and Article 72(2-4) of the Constitution of Georgia. Decisions on said issues shall be made in the manner prescribed by the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 89 – Agenda of a plenary sitting

1. The Bureau of the Parliament shall prepare a draft agenda of the plenary sittings of the session week of the Parliament based on the list of draft laws and other issues to be discussed.

2. The Bureau of the Parliament shall be authorised to put an issue on the draft agenda of a plenary sitting of the Parliament if the conditions and the procedure for committee discussions determined by the Rules of Procedure are not violated.

3. Factions in the parliamentary opposition, and non-faction MPs, shall have the right to request a certain period of time for the consideration of a draft law initiated by them, or a draft decree or other act of the Parliament, during the first half of Friday of the last week of plenary sittings of each month, in the manner prescribed by the Rules of Procedure. The Bureau of the Parliament shall be obliged to put the issue on the agenda of the plenary sitting of the Parliament in the manner prescribed by the Rules of Procedure. The issue referred to in this paragraph shall be considered in accordance with the procedure established by the Rules of Procedure for the consideration of a relevant issue.

4. A chairperson of the plenary sitting of the Parliament shall present a draft agenda, and the Parliament shall approve it by a majority of the votes of those present, by open vote/hand raising. By a decision of a chairperson of a sitting, the sequence of issues may be changed, an extra issue may be discussed, or a joint discussion on issues that are interrelated or alike may be conducted.

5. Each MP shall be given the floor for 3 minutes in relation to the agenda of a plenary sitting of the Parliament. Extending this time shall not be considered.

6. If the Government of Georgia, an MP or a faction requests the addition of an issue to the agenda or the removal of an issue from the agenda of a plenary sitting of the Parliament, the Chairperson of the plenary sitting of the Parliament shall explain the reason why the issue has not been added to, or has been removed from, the agenda, after which it is obligatory to put the issue to the vote. The decision on adding an issue to the agenda or removing an issue from the agenda shall be made without discussion, by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament. However, an issue may be added to the agenda if it has passed the relevant procedures provided for by the Rules of Procedure.

7. Draft laws and applications submitted by the Government of Georgia at a plenary sitting of the Parliament shall be considered without observing the set sequence on the basis of a request from the Government.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 90 – Chairperson of a plenary sitting

1. Plenary sittings of the Parliament shall be normally presided over by the Chairperson of the Parliament. If he/she does not preside over a plenary sitting, one of his/her deputies shall be assigned to chair the sitting by an oral or written order of the Chairperson of the Parliament. A Chairperson of a sitting shall preside over a plenary sitting in a fair and impartial manner.

2. A Chairperson of a plenary sitting shall:

a) notify the Parliament about the opening and the end of the sitting;

b) lead the consideration of issues;

c) ensure compliance with the Rules of Procedure;

d) give the floor to speakers in the manner prescribed by the Rules of Procedure;

e) put issues to vote and announce the results of the voting;

f) sign protocol decisions adopted at the sitting;

g) in cases provided for by Article 224(1-3) of the Rules of Procedure, terminate the speech of a speaker, warn or request an MP or an invited person to leave the sitting hall;

h) in cases provided for by the Rules of Procedure, terminate the sitting, and in individual cases announce a break;

i) when a draft law/other matter is being considered, if necessary, put to vote the issue of ending the consideration and organising a consultative meeting with the participation of the parties involved;

j) conduct a rating survey on individual issues and suggest that the authors withdraw less feasible proposals if there are numerous issues to put to vote or if necessary;

k) exercise other powers granted to him/her by the Rules of Procedure.

3. A Chairperson of a plenary sitting shall have the right to participate in the discussion of issues in the manner prescribed by the Rules of Procedure. After the transfer of his/her powers, the Chairperson of a plenary sitting shall resume the performance of his/her duties once he/she finishes his/her speech.

4. A Chairperson of a plenary sitting shall not have the right to comment on a speech of an MP or interrupt his/her speech for this purpose, or to evaluate a speech of an MP, or to answer a question not addressed to him/her personally, unless an MP violates the requirements of the Rules of Procedure.

 

Article 91 – Registration for plenary sittings. Valid excuse for the non-attendance of sittings

1. A plenary sitting shall be fully constituted if it is attended by a majority of the total number of the Members of the Parliament.

2. The registration of MPs shall be held before the opening of a morning sitting, as well as before voting.

3. After the registration of MPs, if necessary, by a decision of the Chairperson of a plenary sitting, the results of the registration shall be confirmed by the Chief Mandaturi, who is personally responsible for the accuracy of information he/she is providing.

4. If results of registration and information provided by the Chief Mandaturi give rise to doubt, a faction, or a group of at least seven non-faction MPs, shall have the right to request the verification of the results of registration by reading out the names of the persons registered. The Parliament shall decide to hold a new registration only if the number of doubtful votes changes the final results of the registration. In such case, the decision shall be made by a majority of the votes of those present, but with no less than one fifth of the total number of the Members of the Parliament.

5. If, according to the results of registration held during the opening of a plenary sitting of the Parliament, a sufficient number of MPs are not present in the sitting hall, the Chairperson of the sitting shall hold a new registration for 15 minutes after the registration. If the number of MPs is still not sufficient after a second registration, the Chairperson of the sitting shall hold a new registration for the next 45 minutes. If the number of MPs is still not sufficient after a third registration, another registration shall be held with the same procedure at an evening sitting. In special cases, the Chairperson of a sitting shall be authorised to make a different decision.

6. Before registration during the opening of a morning sitting, the Chairpersons of Factions shall provide the Chief Mandaturi with information in writing about the reasons for non-attendance at the plenary sitting by their members. Before registration, a non-faction MP shall personally notify the Chief Mandaturi in writing of the reason for non-attendance at the plenary sitting by him/her.

7. If persons under paragraph 6 of this article do not submit information to the Chief Mandaturi within the determined time limit, an MP shall be considered to have missed a plenary sitting without good reason.

8. An MP shall register in the manner prescribed by the Rules of Procedure. If an MP registers at least once during the day of a plenary sitting, he/she shall not be considered to have missed the plenary sitting. The violation of the requirements of this article shall result in liability under Article 224(12) and (13) of the Rules of Procedure.

9. An MP shall not be considered to have missed a plenary sitting without good reason if the faction or the non-faction MP refuses to participate in the discussion of issues and decision-making on account of political opinions (a boycott). To this effect, a written application shall be submitted to the Chairperson of a plenary sitting or an oral statement shall be made after the completion of registration.

10. A valid excuse for the non-attendance of a plenary sitting by an MP shall be his/her illness (confirmed by a medical certificate for sick leave), a business trip, or the birth/death/illness of a family member (confirmed by a medical certificate for sick leave). The Chairperson of a Faction shall be informed of any such reasons before the sitting. For the purposes of this paragraph, a ‘family member’ means a spouse, a direct ascendant and descendant relative, a stepchild, a sister, or a brother.

11. An MP shall also not be considered to have missed a plenary sitting without good reason due to meetings with the representatives of delegations of foreign countries on official visits to Georgia, on the basis of a written application from the MP, if there is written consent from the Chairperson of the Parliament.

12. Not later than 3 days after the end of each month, the Chief Mandaturi shall notify the Procedural Issues and Rules Committee of the Parliament data on the registration of the attendance of MPs at plenary sittings and written applications concerning reasons for non-attendance at plenary sittings by MPs.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 92 – Plenary sittings

1. Plenary sittings of the Parliament, except closed sittings, shall be public. Mass media representatives accredited in accordance with established procedures have the right to attend public sittings.

2. Public plenary sittings shall be broadcast live on TV and radio.

3. The President of Georgia, the Prime Minister of Georgia, other members of the Government of Georgia, their deputies, the Chairperson of the Constitutional Court of Georgia, the Chairperson of the Supreme Court of Georgia, the General Auditor, the General Prosecutor of Georgia, the President of the National Bank of Georgia, the Parliamentary Secretary of the President of Georgia, the Parliamentary Secretary of the Government of Georgia and the Public Defender of Georgia shall be authorised to attend plenary sittings of the Parliament on their own initiative.

4. The Chairperson of the Parliament shall have the right to invite representatives of the public and foreign guests to plenary sittings. They shall take specially allocated seats in the sitting hall.

5. When considering issues that require secrecy, the President of Georgia, the Chairperson of the Parliament, the Prime Minister of Georgia, other members of the Government of Georgia, and committees and factions, may raise an issue of declaring a plenary sitting of the Parliament or part thereof closed. A decision to close a plenary sitting or part thereof shall be considered and made behind closed doors. A decision shall be deemed to be adopted if it is supported by a majority of those present at the plenary sitting, but with no less than one third of the total number of the Members of the Parliament.

6. The Chairperson of the sitting shall determine the scope of persons who may attend a closed plenary sitting.

7. A chairperson of a plenary sitting of the Parliament shall notify attendees of the start of the sitting with two strokes of a gavel, and of its end, with three strokes. The start and end of any other procedure shall be marked with one stroke. The Mandaturi Service of the Office of the Parliament shall help the Chairperson of the sitting to keep order in the sitting hall.

8. Except MPs, only Mandaturis, as well as responsible staff of the Office of the Parliament who wear a special badge, shall have the right to be present in the sitting hall during a plenary sitting of the Parliament. A public servant from a committee office responsible for an issue under consideration, and when considering the relevant issue, an initiator of the issue and a speaker/co-speaker, may enter the sitting hall during a plenary sitting.

 

Article 93 – Political debates

1. At the request of one fifth of the total number of the Members of the Parliament, political debates on pre-determined issues shall be scheduled once a month.

2. Unless otherwise provided for by the Rules of Procedure, a faction shall be given for speeches during political debates as many minutes as MPs united in it, but not less than 15 and not more than 75 minutes, and each non-faction MP shall be given 3 minutes. Non-faction MPs nominated by one political party may devote time allocated for their speeches to each other so that the duration of the speech/speeches of the MP/MPs does not exceed a total of 15 minutes. First, speeches shall be delivered by non-faction MPs, followed by the representatives of factions in the parliamentary opposition, and finally the representatives of factions in the parliamentary majority. A faction shall determine the number of speakers during the time allocated to it and the scheme for distributing time among them. The Bureau of the Parliament shall be authorised to otherwise determine the sequence of speakers on the basis of agreement between the subjects referred to in this paragraph. An MP shall not have the right to give the time allocated for his/her speech to another MP, except in cases provided for by this paragraph. Time allocated to speakers shall not be increased.

3. The Chairperson of the Parliament shall have the right to make a 15-minute speech at the end of political debates.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 94 – Political statements

1. On the Tuesday of the week of plenary sittings, except special sittings, after the approval of an agenda, MPs shall be given a total of 30 minutes for statements in the manner prescribed by this chapter. The said time may be extended by not more than 30 minutes by a decision of the Chairperson of the sitting, based on the number of the speakers. The duration of the speech of each speaker shall not exceed 4 minutes. However, an MP may use not more than 1 minute for an additional statement. Time allocated to him/her shall not be increased.

2. To make statements, MPs shall, before the approval of an agenda, personally register in the list of speakers, which is compiled and submitted to the Chairperson of the sitting. MPs shall have the right to personally register in the list of speakers in the course of statements. The order of speakers shall be determined according to the sequence in which they were entered in the list. Observing the sequence of speakers shall be mandatory. A speech shall not be delivered without the permission of the Chairperson of the sitting. An MP may register in the list of speakers only once. If an MP is absent from the sitting when his/her turn to give a speech comes round, he/she shall not have the right to speak later. An MP who has been registered in the list of speakers shall not have the right to give the time allocated for his/her speech to another MP.

3. If, by the time an agenda is approved, none of the MPs applies to the secretariat of the sitting to make a statement, the procedure for statements of MPs at a plenary sitting of the Parliament shall not be carried out, and the Chairperson of the sitting shall notify the plenary sitting thereof.

4. In individual cases, the Chairperson of a sitting shall have the right to allocate time for statements on other days of a session week. In such case, the time allocated for a statement shall not exceed 3 minutes, and the total duration of statements shall not exceed 30 minutes. In addition, an MP shall have the right to make a statement only once.

 

Article 95 – Voting

1. The expected time of commencement of a voting procedure / procedures shall be announced by the Chairperson of a plenary session immediately upon the opening of the plenary session. It shall not be permitted to commence the relevant voting procedure / procedures before the announced expected time.

2. Before the commencement of a voting procedure, the Chairperson of a plenary session shall be entitled to make a statement relating only to a special case. Its duration shall not exceed 10 minutes.

3. Prior to the commencement of a voting procedure, the registration of MPs shall be conducted. If a plenary session is not attended by the number of MPs necessary for voting, the Chairperson of the session shall announce the time of holding the postponed voting.

4. If a proposal on the postponement of voting is submitted, it shall be voted on first. A decision shall be made by a majority of votes of attending members of a parliamentary plenary session, but not less than one fifth of the composition of the parliament.

5. During the conduct of the voting procedure, it shall be permitted to make a one-minute speech only if it is related to procedural issues of voting. In addition, a faction may make a one-minute speech regarding procedural issues twice, and a non-faction MP may make a one-minute speech regarding procedural issues, once.

6. At the request of a faction / factions, a break may be announced only once, for five minutes, before the commencement of the voting procedure.

7. During the voting procedure, an MP may not be permitted to leave the session hall.

8. An MP shall vote personally. The transfer of a right to vote or of a voting card shall be inadmissible.

9. If an MP has not participated in voting, he/she shall not have the right to vote on the matter after the announcement of the voting results.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 96 – Form of voting

1. Voting at a parliamentary plenary session shall be open (raising hands, printing out surnames via the electronic voting system, or through nominative ballots in nominative voting in the cases provided for by the Rules of Procedure) or secret (using the electronic system of voting or voting by ballots in the cases provided for by the Rules of Procedure).

2. Voting shall always be open, except for the cases provided for by the Constitution of Georgia and other legislative acts.

3.Prior to a secret ballot, the Chairperson of the parliamentary plenary session shall announce the form of voting.

 

Article 97 – Counting of votes

1. When holding a secret ballot, a vote counting commission or the Procedural Issues and Rules Committee of the Parliament shall determine the place of voting and the form of ballot papers.

2. Where the electronic system of voting does not receive the signal of the voting card of an MP, his/her vote shall be considered cast if it is verified before the announcement of the voting results. If it is confirmed that the statement was made to falsify the voting results, it shall not have an effect on the voting results. If after the announcement of voting results, it is confirmed that the electronic system of voting did not receive the signal of the voting card of an MP, or a card of another MP was used and such vote is decisive, the voting shall be held anew.

3. A duly motivated statement by a faction or a group of at least seven non – faction MPs questioning the results of voting shall be immediately submitted to the Chairperson of the plenary session who shall transfer the issue to the Chief Mandaturi (Chief Supervisor) for examination. The Chief Mandaturi shall examine the issue and immediately notify Parliament of the opinion. If the falsification of votes is confirmed by the said opinion, voting shall be held anew only when the number of doubted votes changes the final results of voting. It shall be inadmissible to hold another vote until the existing dispute regarding the voting results is resolved. If, as a result of the verification of a statement by a faction or a group of at least seven non – faction MPs on questioning the results of voting, the statement is not confirmed, the relevant faction or a group of at least seven non – faction MPs shall not have the right to request the verification of other voting results on the same day.

4. Parliament shall be notified of all voting results by the Chairperson of the plenary session. They shall be published on the Parliament website.

5. An MP shall immediately notify the Staff of the Parliament about the loss of a voting card. In this case, the MP shall be given a temporary voting card.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 98 – Inadmissibility of amending a final decision of Parliament

It shall be inadmissible to alter or amend a law or a resolution adopted by Parliament after the final voting. Such action shall entail liability as provided for by law.

 

Chapter X – Legislative Process

 

Article 99 – Submission of a legislative initiative

1. The legislative process shall start by the preparation and submission to Parliament of a draft law by a subject having the right of legislative initiative, including by the use of official electronic resources.

2. In accordance with Article 45 of the Constitution of Georgia, the right of legislative initiative shall be granted to: the Government, a Member of Parliament, a parliamentary faction, a parliamentary committee, the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara, and to not less than 25 000 voters.

3. Only the Government of Georgia shall be entitled to present to Parliament draft laws on the State Budget, and the structure and rules of operation of the Government.

4. Only an MP, a committee, and a faction shall be entitled to present to Parliament the draft Rules of Procedure.

5. A draft law, the author of which is the Government of Georgia, or an institution of executive authority, or a legal entity under public law subject to the state control of an executive authority, may not be submitted as a legislative initiative by an MP, a parliamentary faction or a parliamentary committee.

 

Article 100 – Plan of law-making activities of the Government of Georgia

1. The Government of Georgia is obliged to submit to Parliament a short-term plan of its law-making activities, twice a year, for each session period. A short-term plan intended for the spring session shall be submitted to Parliament not later than 31 January, and a short-term plan intended for the autumn session shall be submitted to Parliament not later than 31 August.

2. A legislative initiative of the Government of Georgia, not provided for in the short-term plan of its law-making activities, shall be accompanied by appropriate substantiation of the impossibility of its being provided in the said plan.

 

Article 101 – General procedures for considering a draft law

1. A draft law submitted to Parliament as a legislative initiative shall undergo the following procedures for consideration:

a) the draft law shall be transferred for registration to the Organisational Department of the Staff of the Parliament;

b) the Organisational Department of the Staff of the Parliament shall transfer the draft law to the Legal Department of the Staff of the Parliament and to the Budgetary Office of the Parliament for the preparation of opinions provided for by Article 102(5) of the Rules of Procedure. Afterwards, the Organisational Department of the Staff of the Parliament shall transfer the draft law, in line with the opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament, to the nearest sitting of the Parliamentary Bureau, if it is submitted before Thursday of the week preceding the session of the Bureau;

c) the Parliamentary Bureau shall take a decision on procedures for commencing to consider the draft law at the nearest session. In addition, it shall transfer the draft law to the Leading Committee, other committees, factions, the Legal Department of the Staff of the Parliament, as well as the Government of Georgia. A draft law regulating the activities of representatives of the financial sector shall also be transferred to the National Bank of Georgia;

d) after the draft law has been considered by the Leading Committee and other committees, it shall be transferred to the Parliamentary Bureau in line with appropriate opinions to be considered by first hearing and be put to the vote, to put it on the agenda of the nearest plenary session;

e) after being considered and adopted by first hearing at a parliamentary plenary session, the draft law shall be transferred to the Leading Committee for it to incorporate the comments taken during the first hearing into the draft law, and for its consideration by second hearing at a parliamentary plenary session, and to prepare it for voting;

f) after the draft law has been adopted by first hearing, the Leading Committee shall consider it by sub-paragraphs, paragraphs (parts), articles, chapters and/or sections, in order to prepare it for a second hearing at a parliamentary plenary session;

g) after the draft law has been considered by the Leading Committee, it shall be transferred to the nearest session of the Parliamentary Bureau, in line with appropriate opinions and alternative proposals, for consideration by second hearing and for voting, and to put it on the agenda of the parliamentary plenary session;

h) after the draft law has been considered and adopted by second hearing at a parliamentary plenary session, it shall be transferred to the Leading Committee which shall prepare it for the third hearing;

i) after being adopted by second hearing, the Leading Committee shall incorporate the comments considered by the Parliament during the second hearing into the draft law, and shall consider the draft law and transfer it to the Parliamentary Bureau to be considered by third hearing, and to put it on the agenda of a parliamentary plenary session;

j) the final edited version of the draft law considered by third hearing at a parliamentary plenary session shall be put to the vote to adopt its final version;

k) after being adopted by third hearing, the draft law shall be transferred to the President of Georgia for signature.

2. The Leading Committee determined by the Parliamentary Bureau shall hold a committee session to consider the draft law, and shall manage procedures for parliamentary consideration of the appropriate draft law for the purpose of preparing it for the first, second and third hearings at parliamentary plenary sessions, and shall be responsible for the observance thereof.

3. The initiator of the draft law shall be entitled to withdraw the draft law for adequate reasons before it is adopted by first hearing at a parliamentary plenary session.

4. If the draft law is initiated by two or more MPs, the draft law shall be considered withdrawn from Parliament upon submission of a joint written request by all MPs who are initiators of the draft law.

5. In the case of the early termination of powers of an MP, the Leading Committee shall appoint a speaker for draft laws submitted as legislative initiatives by the said MP, which are under consideration and which were adopted by first hearing. The Leading Committee shall inform the Parliamentary Bureau thereof. Draft laws provided for by this paragraph, which are not adopted by first hearing, shall be considered withdrawn.

6. Parliament may adopt a draft law that increases the expenditure of the State Budget for the current budget year, reduces income, or places the State under new financial obligations, only with the consent of the Government of Georgia, whereas a draft law associated with the following budget year may be adopted by the consent of the Government of Georgia or within the scope of a document of Basic Data and Directions of the country presented by the Government to Parliament.

7. The committee is obliged to consider the draft law submitted by the Government of Georgia, the extraordinary consideration of which is requested by the Government of Georgia, at the nearest session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 102 – Accepting and preparing a draft law for consideration and committee hearing

1. A draft law prepared and submitted to Parliament by a subject having the right of legislative initiative shall be transferred in the form of a material or an easyily processable electronic document to the Organisational Department of the Staff of the Parliament which shall record and register the draft law.

2. The date of registration of the draft law prepared by a subject having the right of legislative initiative by the Organisational Department of the Staff of the Parliament shall be considered the date of submission of the said draft law to Parliament.

3. In accordance with Article 101(1)(b) of the Rules of Procedure of the Organisational Department of the Staff of the Parliament, a draft law transferred to the Parliamentary Bureau shall have attached a draft decision of the Parliamentary Bureau on the commencement of procedures for considering the draft law prepared by the Legal Department and the Organisational Department of the Staff of the Parliament, where the following shall be indicated:

a) the name of the draft law;

b) the initiator of the draft law;

c) the author of the draft law;

d) the date of submission of the draft law to Parliament;

e) the Leading Committee;

f) the expected date of consideration of the draft law at a sitting of a committee;

g) other committees the opinions of which shall be attached to the draft law;

h) the expected date of consideration of the draft law at a parliamentary plenary session.

4. The Parliamentary Bureau shall take a decision on the commencement of procedures for considering the draft law and on matters provided for by paragraph 3 (e) – (h) of this article.

5. The Legal Department of the Staff of the Parliament shall examine the compliance of the submitted draft law with Article 17(1)(a) and (c) – (f) and paragraphs 2 to 4 of the Organic Law of Georgia on Normative Acts, and the Budgetary Office of the Parliament shall examine the compliance of the submitted draft law with Article 17(1)(b) of the Organic Law of Georgia on Normative Acts. If the submitted draft law does not comply with the requirements of the said paragraphs of the Organic Law of Georgia on Normative Acts, the Parliamentary Bureau shall be authorised to return the draft law to its initiator to correct the deficiency, on the basis of the opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament.

6. During the period from the commencement of the procedure for considering the draft law by first hearing, the Budgetary Office of the Parliament shall be authorised to present additional information on matters provided for by Article 17(1)(b) of the Organic Law of Georgia on Normative Acts.

7. If the Government of Georgia requests special consideration of the draft law, the Parliamentary Bureau shall determine the time frames for the parliamentary consideration of the draft law and shall transfer it to the relevant committees.

8. After the Parliamentary Bureau takes a decision on the commencement of procedures for considering a draft law, the draft law shall be transferred for consideration to committees, factions, non-faction MPs, and the Legal Department of the Staff of the Parliament, as well as the Government of Georgia, and shall be published on the website of Parliament.

9. Any person may express his/her opinion/comment regarding the draft law published on the website of Parliament or regarding separate articles/paragraphs of the draft law, in order to receive public consultations.

10. If the draft law is not prepared for parliamentary consideration within the determined time frame, the Parliamentary Bureau shall extend the time frame determined for its consideration, as appropriate.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 103 – Opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament

1. A draft law submitted to a parliamentary plenary session shall have attached information from the Organisational Department of the Staff of the Parliament on the draft law and the opinions of the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament.

2. The Legal Department of the Staff of the Parliament shall prepare an opinion regarding the following matters:

a) whether the draft law complies with or contravenes the legislation of Georgia and universally recognised norms of international law;

b) whether or not a new law needs to be adopted;

c) whether the draft law complies with or contravenes the obligations assumed by Georgia under international agreements;

d) whether or not a list of normative acts to be revoked, and a list of draft legislative acts to be amended are exhaustive;

e) whether or not the draft law complies with EU legislation.

3. The Budgetary Office of the Parliament shall prepare an opinion regarding the following matters:

a) the impact of the draft law on the revenue part of the Budget;

b) the impact of the draft law on the expenditure part of the Budget;

c) new financial obligations of the State.

 

Article 104 – Rules for taking decisions on the expediency of continuing procedures for considering draft laws submitted for consideration to a Parliament of previous convocation

1. A Leading Committee, within four months after the first session of a newly elected Parliament, shall compile a list of draft laws submitted for consideration to the Parliament of previous convocation, the continuation of procedures for consideration of which is deemed expedient, and shall submit it to the Parliamentary Bureau.

2. The Parliamentary Bureau shall submit a list of draft laws drawn up by the Leading Committee in accordance with paragraph 1 of this article to the Procedural Issues and Rules Committee of the Parliament. The Procedural Issues and Rules Committee of the Parliament shall develop a draft resolution on the expediency of continuing procedures for considering draft laws submitted to the Parliament of previous convocation in accordance with the lists of draft laws drawn up by the Leading Committees in accordance with paragraph 1 of this article.

3. The Parliament shall take a decision by resolution on the expediency of continuing procedures for considering the draft laws submitted for consideration to the Parliament of previous convocation. A draft law that is not covered by the said resolution shall be deemed withdrawn from Parliament. A draft law shall also be deemed withdrawn from Parliament, the initiator of which has been deemed the Leading Committee which considered the draft law in accordance with paragraph 5 of this article, but such committee, in accordance with the Constitution of Georgia, is not authorised to submit such draft law as a legislative initiative.

4. The Government of Georgia, the Supreme Representative Body of the Autonomous Republic of Abkhazia, and the Supreme Representative Body of the Autonomous Republic of Adjara, shall submit their consent or refusal to Parliament within one month after the adoption of the resolution of Parliament specified in paragraph 3 of this article, with regard to the continuation of participation as the initiator of a draft law in procedures for considering a draft law submitted to the Parliament of previous convocation and provided for in the said resolution. The Parliamentary Committee shall submit such consent or refusal within the same period to the Leading Committee considering the draft law submitted to the Parliament of previous convocation, and provided for by the said resolution, if it is another committee. A member of the Parliament of current convocation shall submit such consent or refusal within the same period to the Leading Committee considering the draft law submitted to the Parliament of previous convocation, and provided for by the said resolution, if it is another committee. If the subject specified in this paragraph does not submit the above consent or refusal, it shall be deemed to have refused to continue participating as the initiator of the draft law in the relevant draft consideration procedure. The Leading Committee shall submit information on the submission or non-submission of the consent or refusal provided for in this paragraph to the Parliamentary Bureau.

5. The initiator of the draft law envisaged by the resolution of Parliament determined by paragraph 3 of this article shall be deemed to be:

a) the subject submitting the draft law through the legislative initiative procedure, if:

a.a) in accordance with paragraph 4 of this article, it has agreed to continue participating in the procedure for considering the said draft law as its initiator;

a.b) the draft law is submitted by electors through a legislative initiative procedure;

b) the Leading Committee considering the draft law, if:

b.a) the draft law has been submitted by the Government of Georgia, the Supreme Representative Body of the Autonomous Republic of Abkhazia, the Supreme Representative Body of the Autonomous Republic of Adjara, or the Parliamentary Committee, as a legislative initiative procedure, and in accordance with paragraph 4 of this article has submitted / refused to continue participating in the procedure for consideration of the mentioned draft law as its initiator;

b.b) none of the members of the Parliament of previous convocation submitting the draft law through the legislative initiative procedure is a member of the Parliament of current convocation or all the members of the Parliament of current convocation submitting the draft law to the Parliament of previous convocation, submitted / refused to continue its participation as an initiator in the procedure for considering the mentioned draft law;

b.c) the draft law is submitted by a parliamentary faction through a legislative initiative procedure.

6. The rules set forth in this article shall also apply to a draft resolution of Parliament, which shall be submitted to Parliament in accordance with the procedures established by the Rules of Procedure for submission of a draft law to Parliament.

Rules of Procedure of the Parliament of Georgia No 167 of 4 February 2021 – website, 4.2.2021

 

Article 105 – Legislative proposal

1. A legislative proposal is a substantiated and duly registered application of a subject not entitled to legislative initiative submitted to Parliament in material or electronic form, on adopting a new law, introducing amendments to a law or on declaring a law invalid.

2. The right to submit a legislative proposal shall be granted to: citizens of Georgia, public bodies (except for institutions of the executive authority of Georgia and legal entities under public law subordinated to the state control of the executive authority), municipality bodies, political and public associations registered in Georgia in accordance with the procedure established by law, and other legal persons.

3. A legislative proposal shall be submitted in the form of main principles or specific proposals of a draft law to be prepared. A legislative proposal shall contain the author’s substantiation regarding its necessity. A legislative proposal shall indicate the reason and essence of the amendments; also, it shall include the signature, address and telephone number of the author of the legislative proposal.

4. A legislative proposal shall be submitted to the nearest session of the Parliamentary Bureau. The Parliamentary Bureau shall transfer the legislative proposal to the Leading Committee (and, as appropriate, to another committee) which shall consider it within 30 days from its transfer. If the legislative proposal is not considered within this period, the Parliamentary Bureau may extend the time frame of consideration for not more than 30 days, upon the request by the Leading Committee. If the legislative proposal is transferred to another committee, it shall submit to the Leading Committee an opinion on the legislative proposal not later than 20 days from the transfer of the legislative proposal.

5. The author of the legislative proposal may be invited to a committee session during the consideration of the legislative proposal. At the committee session, the legislative proposal shall be submitted for consideration by the Chairperson of the session.

6. As the committee considers the legislative proposal, it may be recognised as adopted or rejected based on a reasoned decision. The committee shall inform the nearest session of the Parliamentary Bureau on its decision on the legislative proposal.

7. Regarding the consideration of the legislative proposal, the time frame referred to in paragraph 4 of this article shall be calculated without taking into account the period provided for by Article 88(5) of the Rules of Procedure and the period between the parliamentary sessions.

8. If a legislative proposal is submitted in the form of main principles or specific proposals of the draft law to be prepared and the Leading Committee has recognised it as acceptable, a committee, in agreement with the Parliamentary Bureau, shall develop the draft law in the determined time frame and shall transfer it to the Parliamentary Bureau in accordance with the procedure established by the Rules of Procedure.

9. If a legislative proposal is submitted in the form of a draft law and the Leading Committee has recognised it as acceptable, the draft law shall be transferred to the Parliamentary Bureau in the determined time frame in accordance with the procedure established by the Rules of Procedure.

10. The author of the legislative proposal shall be entitled to withdraw it before its consideration by a committee.

11. If the legislative proposal is adopted, the Leading Committee shall be considered as a subject having the right to legislative initiative.

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 106 – Speaker and co-speaker on a draft law

1. A draft law initiated by an MP shall be submitted to a committee session by an initiator MP; a draft law initiated by the Government of Georgia shall be submitted to a committee session by an authorised representative of the Government; a draft law initiated by a faction or a committee shall be submitted to a committee session by the Chairperson of Faction or committee and/or a representative appointed by the faction or committee, respectively; a draft law initiated by the representative body of the Autonomous Republic of Abkhazia or Ajara shall be submitted to a committee session by a member of the relevant supreme representative body appointed by it; and a draft law initiated by voters shall be submitted to a committee session by a member of the initiative group elected by the initiative group of voters established with regard to such draft law.

2. At a parliamentary plenary session, the Parliamentary Secretary of the Government of Georgia shall present the draft law initiated by the Government of Georgia as a speaker/co-speaker, unless the Government appoints a respective minister or deputy minister/ministers as a speaker/co-speaker on the basis of an appropriate administrative legal act. An appropriate person provided for by paragraph 1 of this article shall be a speaker presenting the draft law initiated by a faction, a committee, an MP, the Supreme Representative Body of the Autonomous Republics of Abkhazia or Ajara, and by voters, whereas a representative of an appropriate committee shall act as a co-speaker presenting a draft law initiated by voters.

3. A person appointed a speaker presenting a draft law initiated by the Government of Georgia may not be an MP.

4. An appropriate representative of the Government of Georgia shall act as a co-speaker presenting a draft law initiated by an MP, a faction or a committee.

5. If a speaker is absent in the session hall after the start of the consideration of a draft law (or another draft act) at a parliamentary plenary session, the draft law (or another draft act) shall be removed from the agenda of the plenary session and shall be transferred to the agenda of the following plenary session. The consideration of the draft law shall not be precluded by the absence of a co-speaker.

6. If the representative of the President fails to appear during the consideration of the reasoned comments of the President of Georgia, the comments shall be considered by omitting the report of the representative of the President and the stages of questions and answers.

 

Article 107 – General procedures for considering a draft law in a committee

1. The Government of Georgia, parliamentary committees, factions, non-faction MPs, and the Legal Department of the Staff of the Parliament, shall transfer their comments on the draft law to the Leading Committee not earlier than 3 days and not later than 3 weeks after making a decision regarding the commencement of the procedure for considering the draft law by the Parliamentary Bureau. If these subjects do not submit their comments on the draft law in the indicated time frame, the draft law shall be deemed accepted by them.

2. The Leading Committee shall convene a committee session (except for the case of considering a draft law in accordance with the accelerated or simplified procedures), not earlier than 3 days and not later than 5 weeks after making a decision on the commencement of the procedure for considering the draft law by the Parliamentary Bureau. A session of the Leading Committee shall be convened after the committees determined by the Parliamentary Bureau, the opinions of which should be attached to the draft law, transfer to the Leading Committee their comments on the draft law within the time frame determined by paragraph 1 of this article.

3. Opinions/comments expressed before the consideration of a draft law at a committee session regarding the draft law published on the website of Parliament or regarding certain articles/paragraphs therein shall be submitted to the Chairperson of the Leading Committee who shall introduce them to committee members during the consideration of the draft law at the committee session, as appropriate. If the committee shares the opinions/comments, it shall be reflected in the opinion of the committee.

4. A comment on a draft law expressed during the consideration of the draft law at a committee session shall be deemed taken into account if a speaker has approved it, or the committee has shared it by means of voting. For the comment to be put to the vote, it shall be presented in the form of an alternative proposal, or presented in accordance with paragraph 3 of this article.

5. After being considered at a committee session, a draft law may be deemed prepared, not duly prepared, or unacceptable for consideration at a plenary session. The deeming of a draft law by a committee as insufficiently prepared or unacceptable shall not preclude the commencement of the consideration of the draft law at a parliamentary session. If, during a regular session, an initiator fails to ensure the submission of the initiative to a committee session convened within the determined time frame and in accordance with the procedure established by the Rules of Procedure for consideration of draft laws by first hearing, the draft law shall be considered withdrawn from Parliament.

6. A draft law may not be submitted to a parliamentary plenary session without the opinion of the Leading Committee, except for the case provided for by paragraph 8 of this article. If the Leading Committee does not hold a session and express its position regarding the draft law within the time frame determined for the consideration of a draft law by the Parliamentary Bureau, the initiator of the draft law shall be entitled to apply to the Leading Committee requesting that they consider the draft law or raise the issue of putting the draft law on the agenda of a parliamentary plenary session before a session of the Parliamentary Bureau, without the opinion of the Leading Committee.

7. If the Leading Committee is unable to hold a committee session and submit its opinion within the time frame determined by this article, the Parliamentary Bureau shall be authorised to determine a new time frame for the committee consideration of the draft law, on the basis of a reasoned proposal of the Chairperson of the committee. If the Leading Committee does not hold a session and express its position regarding the draft law even within the said time frame, the initiator of the draft law shall be entitled to apply to the Leading Committee again and request that they consider the draft law or to raise before the Parliamentary Bureau the issue of putting the draft law on the agenda of a parliamentary plenary session, without the opinion of the Leading Committee. If the Leading Committee violates the time frame determined for consideration of the draft law, the parli Parliamentary Bureau shall be authorised to consider this fact and to raise the question of the liability of the Chairperson of the relevant committee.

8. In the cases provided for by paragraphs 6 and 7 of this article, the Parliamentary Bureau is obliged to put the draft law on the agenda of the nearest parliamentary plenary session. If the initiator of the draft law does not raise the issue of the further consideration of the draft law during an appropriate session, it shall be deemed withdrawn from Parliament. The Parliamentary Bureau shall be informed thereof by the Organisational Department of the Staff of the Parliament.

9. A decision made by the Leading Committee on the draft law shall be reflected in the opinion of the committee, which shall be signed by the Chairperson of the committee.

10. After holding the session of the Leading Committee, the draft law signed by the Chairperson of the committee shall be sent in writing to the Organisational Department of the Staff of the Parliament to put it on the agenda of the nearest session of the Parliamentary Bureau. In addition, each page of the draft law shall be authorised by a person in charge of the draft law from the office of the committee.

11. The draft law submitted to the Parliamentary Bureau shall have attached the opinion of the Leading Committee, as well as the opinions of other committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament, the Budgetary Office of the Parliament and other authorised subjects, as well as a paper reflecting the status of including their comments in the draft law (‘the paper of comments’).

12. After being considered by the Leading Committee, the draft law and a clearly visible version of the comments in the draft law shall be published on the website of Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 108 – Alternative draft law

1. A subject with the right to legislative initiative determined by the Rules of Procedure may submit an alternative draft law through the legislative initiative procedure during the period from making a decision on the commencement of the procedure for considering the draft law by the Parliamentary Bureau to considering the draft law by first committee hearing. The alternative draft law shall be submitted to the Parliamentary Bureau which shall transfer it for consideration to the Leading Committee considering the main draft law. The alternative draft law shall be considered at a committee session in line with the main draft law.

2. The alternative draft law shall be essentially different from the main draft law.

3. The Leading Committee shall make a decision on the submission of a consolidated version for first hearing in agreement with the initiator of the alternative draft law. If agreement cannot be reached, the main draft law and the alternative draft law shall be submitted to a parliamentary plenary session for the first hearing. Parliament shall decide by a resolution to accept or refuse to accept either as a basis for the draft law.

4. When reviewing the issue provided for by paragraph 3 of this article, a speaker presenting the main draft law shall be the first speaker, and the speaker of the alternative draft law shall follow. The speech of each speaker shall not exceed 10 minutes. Afterwards, an appropriate draft resolution shall be put to the vote.

 

Article 109 – Alternative proposal

1. An alternative proposal may be submitted on certain norms of the draft law. The right to submit an alternative proposal shall be exercised by a committee, a faction, and an MP.

2. The alternative proposal on certain norms of the draft law shall be submitted in writing before 18.00 of the day preceding the consideration of the draft law by second hearing by the committee. The alternative proposal shall be submitted to the Leading Committee and the Organisational Department of the Staff of the Parliament.

3. The alternative proposal on a draft law shall be deemed accepted if a speaker agrees thereto. If the speaker does not agree to accept the alternative proposal, the Leading Committee or a parliamentary plenary session shall decide whether to accept or refuse to accept the alternative proposal on certain norms of the draft law by voting. If the Leading Committee refuses the alternative proposal, it shall be sent to the Parliamentary Bureau together with the opinion of the Leading Committee.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 110 – Procedure for considering a draft law by three hearings

1. The Parliament shall consider a draft law by three hearings, except for the cases provided for by the Constitution of Georgia and the Rules of Procedure.

2. During the first hearing of a draft law, the general principles and main provisions of the draft law shall be considered at a parliamentary plenary session.

3. During the second hearing of a draft law, the draft law shall be considered at a parliamentary plenary session according to sub-paragraphs, paragraphs (parts), articles, chapters and/or titles, and shall be put to a vote on its entirety. During the second hearing of the draft law at a parliamentary plenary session, a decision on the form of consideration of the draft law (according to sub-paragraphs, paragraphs (parts), articles, chapters and/or titles) shall be made by the Chairperson of the session, on the basis of the proposal of the Leading Committee.

4. During the third hearing of the draft law, only editorial changes may be introduced to the draft law.

 

Article 111 – Consideration of a draft law by first hearing at a plenary session

1. At a parliamentary plenary session, the consideration of a draft law shall start with its consideration by first hearing, except for the cases provided for by the Rules of Procedure.

2. At a parliamentary plenary session, the consideration of a draft law shall start with the speech of the initiator of the draft law or with the speech of a representative appointed by the initiator.

3. At a parliamentary plenary session, the length of speech of a speaker may last for not more than 20 minutes. Where necessary, the duration of the speech may be extended by not more than 10 minutes by a decision of the Chairperson of the session.

4. During the consideration of a draft law at a parliamentary plenary session, a speaker shall, in line with other matters, remind the session which comment(s) (indicating the author) that was/were made before the consideration of the draft law at the plenary session, was/were or was/were not taken into account and shall specify the reason.

5. After the end of the speech of the speaker, MPs shall be entitled to ask questions regarding the draft law. The time allocated for each author of a question shall not exceed 2 minutes. Moreover, the author of the question may use not more than 1 additional minute to clarify the question. An MP shall be entitled to make a speech once when putting the question and once when making the clarification. The Chairperson of the parliamentary plenary session shall be entitled to make a decision on the termination of asking questions, where required.

6. The speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 20 minutes.

7. After the end of the speech of a speaker, the floor shall be taken by a co-speaker. His/her speech may not last for more than15 minutes. After the end of the speech of the co-speaker, MPs shall be entitled to ask him/her questions regarding the draft law. The time allocated for each author of the question shall not exceed 2 minutes. The co-speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 15 minutes.

8. After the end of the speech of the co-speaker, the floor shall be taken by a representative of the Leading Committee, unless the representative of the Leading Committee is the co-speaker, and representatives of other committees. The representative of the Leading Committee shall speak for not more than 10 minutes, and the representatives of other committees shall speak for not more than 5 minutes.

9. After the speech of the representative of the Leading Committee and representatives of other committees, the floor shall be taken by non-faction MPs. Each speaker shall speak for not more than 3 minutes, and if non-faction MPs elected by the nomination of one political party devote to each other the time allocated for each of them, the duration of the speech / speeches of the respective member / members of parliament shall not exceed 15 minutes in total. To do this, MPs shall personally register in the list of speakers before the end of the speaker’s speech. The order of the MPs shall be determined by the Chairperson of the parliamentary plenary session according to the order of registration of speakers in the list. The order of speakers shall be complied with. A speech without the permission of the Chairperson of the plenary session shall not be allowed. In addition, an MP may be registered in the list of speakers only once. An MP who is registered in the list of speakers and who attends the session at the moment of his/her speech, may not cede the time allocated for him/her to another MP, except for the case provided for by this paragraph. If an MP does not attend the session at the moment of his/her speech, he/she shall no longer have the right to deliver a speech on the matter.

10. After the speeches of MPs are ended, speeches shall be delivered by representatives of factions in the parliamentary opposition, and representatives of factions in the parliamentary majority in this order, and they shall inform the parliamentary plenary session on their positions with regard to the general principles and main provisions of the draft law. For speeches, the faction shall be given the minutes equivalent to the number of MPs included in the faction, but not less than 15 and not more than 75 minutes.

11. A speaker, a co-speaker, representatives of a committee, a faction, shall deliver a speech from the tribune located in front of the presidium in the session hall.

12. After the end of speeches delivered by representatives of a faction, a speaker shall deliver the closing speech which shall last for not more than 10 minutes.

13. A comment made on a draft law during consideration at a parliamentary plenary session shall be considered accepted if a speaker agrees thereto.

14. After the end of the first hearing of the draft law, Parliament shall make one of the following decisions through voting, on:

a) the adoption of the draft law (as a basis of one of the draft laws from alternative draft laws) by first hearing;

b) the development of a new draft law taking into account alternative proposals.

15. A draft law that does not receive by first hearing the number of votes necessary for its adoption shall be considered rejected and a resolution on the rejection of the draft law shall be issued.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 112 – Consideration of a draft law by second hearing

1. After the draft law is adopted by first hearing, it shall be transferred to the Leading Committee for the purpose of including comments made regarding the draft law and preparing it for consideration by second hearing, and the Leading Committee shall consider the draft law within three weeks after the adoption of the draft law by first hearing. At the session of the Leading Committee, the draft law shall be considered according to sub-paragraphs, paragraphs (parts), articles, chapters and/or titles, and shall be jointly put to the vote. Where necessary, alternative proposals shall be put to the vote. If the Leading Committee fails to consider the draft law within the time frame determined by this paragraph, the time frame may be extended on the basis of a reasoned proposal of the Chairperson of the committee, by a decision of the Parliamentary Bureau.

2. A draft law revised according to comments taken into account during parliamentary consideration by first hearing, within four weeks from its adoption by first hearing, shall be sent to the Organisational Department of the Staff of the Parliament in accordance with the procedure established by Article 107(10) of the Rules of Procedure for considering it by second hearing and to put it to the vote at a parliamentary plenary session.

3. A draft by law second hearing submitted to a parliamentary plenary session shall have attached a paper of comments made during the consideration of the draft law by first hearing at a plenary session, the opinions of the Legal Department of the Staff of the Parliament, as well as by alternative proposals submitted to the Leading Committee.

4. The consideration of a draft law by second hearing at a parliamentary plenary session shall be commenced with a speech on the draft law delivered by a speaker who shall introduce to the session the draft law in accordance with the decision made on the basis of Article 110(3) of the Rules of Procedure. In accordance with the decision made on the basis of Article 110(3) of the Rules of Procedure, an MP shall be entitled to deliver a speech once regarding each sub-paragraph, paragraph (part), article, chapter and/or title, once for a question and once for the clarification of the question. The time allocated for each author of a question shall not exceed 2 minutes. Moreover, the author of the question may use not more than 1 additional minute to clarify the question. An MP shall be entitled to make a speech once when putting the question and once when making the clarification. The Chairperson of the session shall be entitled to make a decision on the termination of asking questions, as necessary.

5. The speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 20 minutes.

6. After the speech of a speaker, a co-speaker, if any, shall take the floor. His/her speech shall not last for more than 10 minutes. After the end of the speech of the co-speaker, MPs shall be entitled to ask him/her questions regarding the draft law. The time allocated for the author of each question shall not exceed 1 minute. The co-speaker shall be entitled to answer all questions jointly after the end of the putting of questions. The answering of questions shall not exceed 10 minutes.

7. After the speech of a co-speaker, the floor shall be taken by the MP, the representative of a committee, a faction, whose alternative proposal was presented to the parliamentary plenary session. The author of an alternative proposal shall deliver the speech for not more than 5 minutes. An MP may ask a question to the author of alternative proposal only once, which shall last no more than 1 minute.

8. After the delivery of speeches of the persons referred to in paragraphs 4 to 7 of this article, the floor shall be taken by a representative of the Leading Committee, unless the representative of the Leading Committee is a co-speaker, and representatives of other committees. The representative of the Leading Committee shall speak for not more than 10 minutes, and the representatives of other committees shall speak for not more than 5 minutes.

9. After the speech of the representative of the Leading Committee and representatives of other committees, the floor shall be taken by non-faction MPs. Each speaker shall speak for not more than 3 minutes, and if non-faction MPs elected by the nomination of one political party devote to each other the time allocated for each of them, the duration of the speech / speeches of the respective member / members of parliament shall not exceed 15 minutes in total. For this purpose, MPs shall personally register in the list of speakers before the delivery of a speech is over; the list shall be composed in the secretariat of the parliamentary plenary session and shall be submitted to the Chairperson of the session. The order of the MPs shall be determined by the Chairperson of the session according to the order of their registry in the list of speakers. The order of speakers shall be complied with. It shall not be permitted to deliver a speech without the permission of the Chairperson of the session. In addition, an MP may be registered in the list of speakers only once. An MP who is registered in the list of speakers, and who attends the session at the moment of his/her speech, may not cede the time allocated for him/her to another MP, except for the case provided for by this paragraph. If an MP does not attend the session at the moment of his/her speech, he/she shall no longer have the right to deliver a speech on the matter.

10. After the speeches of MPs have been delivered, the floor shall be given to representatives of factions included in the parliamentary opposition, and representatives of factions included in the parliamentary majority in such order, and they shall notify the parliamentary plenary session of their positions on the submitted draft law. For speeches, a faction shall be given the minutes equivalent to the number of MPs included in the faction, but not less than 15 and not more than 75 minutes.

11. A speaker, a co-speaker, representatives of a committee, a faction, shall deliver a speech from the tribune located in front of the presidium in the session hall.

12. After the end of speeches delivered by representatives of a faction, a speaker shall deliver the closing speech which shall last for not more than 10 minutes.

13. The draft law may be adopted by second hearing, excluding separate articles. Three articles may be introduced during the third hearing.

14. During the second hearing, the draft law shall be put to the vote in its entirety. The alternative proposal shall be put to the vote in the first place. If the author of the alternative proposal is not present in the hall when the matter is under consideration or he/she refuses to consider the alternative proposal, the alternative proposal shall be considered rejected and it shall not be put to the vote.

15. After the end of the second hearing of the draft law, Parliament shall make a decision through voting on the adoption of the draft law by second hearing.

16. A draft law which fails to receive the number of votes necessary for its adoption during voting by second hearing shall be considered failed and a resolution on the non-adoption of the draft law by second hearing shall be issued.

17. If a draft law having failed the second hearing at a parliamentary plenary session is not put to the vote at a plenary session within one month during the session period at the request of its initiator, it shall be considered rejected. Moreover, a draft law failing to receive the necessary number of votes in repeated voting shall be considered rejected.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 113 – Characteristics of considering a legislative package by first and second hearings

1. During the consideration of a legislative package by first and second hearings, the procedures provided for by Article 111(2) to (7) and Article 112(4) to (7) of the Rules of Procedure shall be separately carried out for each draft law included in the package.

2. Speeches provided for by Article 111(8) to (10) and (12) and Article 112(8) to (10) and (12) shall be jointly delivered after the end of the procedures provided for by paragraph 1 of this article for all draft laws included in a legislative package.

 

Article 114 – Considering a draft law by third hearing

1. After adopting a draft law by second hearing, the Leading Committee shall consider it within 10 days for its preparation to be considered by third hearing at a parliamentary plenary session. After holding a session of the committee, a draft law shall be sent to the Organisational Department of the Staff of the Parliament to put it on the agenda of the nearest session of the Parliamentary Bureau in accordance with the procedure established by Article 107(10) of the Rules of Procedure.

2. A draft law submitted to a parliamentary plenary session by third hearing shall have attached a paper of comments taken into account through the voting by second hearing, prepared by the Leading Committee, as well as by opinions of the Leading Committee and the Legal Department of the Staff of the Parliament.

3. During the third hearing, the draft law shall be presented by a speaker who may receive editorial comments regarding the draft law from MPs. Each speech related to editorial comments shall last for not more than 3 minutes. Moreover, a person may deliver a speech on one and the same matter only once.

4. After the end of speeches, the speaker shall take the floor to respond to editorial comments. The response time shall not exceed 10 minutes. After the speech of a speaker, the Chairperson of the parliamentary plenary session shall deem the consideration of the draft law ended and inform MPs about the date of its voting by third hearing.

5. Articles postponed for additional consideration by second hearing shall be put to vote separately. The draft law may be adopted without these articles unless they are principal provisions in the draft law.

6. Before the draft law is put to the vote during the third hearing at a parliamentary plenary session, it shall be mandatory to distribute the final edited version of the draft law reflecting the comments made and taken into account during the third hearing. The title page of this version shall be authorised by the speaker delivering a speech on the draft law, the Chairperson of Leading Committee, a responsible person of the office of Leading Committee, and the Chairperson of the Legal Department of the Staff of the Parliament.

7. During the third hearing, the final edited version of the draft law shall be put to the vote in its entirety. It shall be inadmissible to introduce any amendments into the draft law after the voting by third hearing.

8. A draft law failing to receive the number of votes necessary for its adoption during the voting by third hearing shall be considered failed and a resolution on the non-adoption of the draft law by third hearing shall be issued. The rule established by Article 112(17) of the Rules of Procedure shall apply to the failed draft law.

9. The Parliament shall consider the draft law rejected by second and third hearings if it is submitted as a new legislative initiative.

 

Article 115 – A report and a shorthand record of the plenary session

1. A report and a shorthand record shall be compiled at a parliamentary plenary session. The report and the shorthand record of a parliamentary plenary session, excluding secret items, shall be published on the website of Parliament.

2. Only MPs, authorised representatives of the President of Georgia and the Government of Georgia, as well as representatives of state bodies participating in the working process of the session, shall be entitled to be introduced to the report and the shorthand record of a secret parliamentary plenary session.

 

Article 116 – Returning a draft law to a previous hearing

As needed, when reviewing a draft law at a parliamentary plenary session, on the basis of a reasoned proposal of a speaker or a co-speaker delivering speech on the draft law, Parliament may make a decision by a resolution to return the draft law from a third hearing to a second hearing at a plenary session.

 

Article 117 – Accelerated procedure for adopting a law

1. Parliament may consider and adopt a draft law through the accelerated procedure. The draft law shall be considered through the accelerated procedure if it involves only the introduction of amendments to the law.

2. The consideration and adoption of a draft law through the accelerated procedure entails its consideration and adoption by all three hearings during one week of parliamentary plenary sessions. The draft law may be considered and adopted in 1 day of the plenary session by more than one hearing but by not more than two hearings of the draft law only by a decision of the Parliamentary Bureau. Moreover, the draft law may be considered and adopted by second and third hearings on the same day.

3. A decision on the consideration of the draft law through the accelerated procedure shall be made by the Parliamentary Bureau, on the basis of a written substantiated request of the initiator of the draft law. The decision may be made by the Parliamentary Bureau both during the making of a decision on the commencement of the procedure for considering the draft law, and before the consideration of the draft law by first hearing.

4. In the case of making a decision by the parlia Parliamentary Bureau through the accelerated procedure for considering a draft law, the subjects provided for by the Rules of Procedure shall transfer to the Leading Committee their comments on the draft law within the time frame determined by the Parliamentary Bureau.

5. A draft law may not be considered through the accelerated procedure at a parliamentary plenary session from the day of making a decision on the consideration of the draft law through the accelerated procedure to the next day inclusive.

6. A draft law on which the decision to consider it through the accelerated procedure has been made shall have attached appropriate opinions provided for by the Rules of Procedure during its consideration by the parliamentary session. At a parliamentary plenary session, the draft law shall be considered and voted on through the accelerated procedure in accordance with the procedure provided for by the Rules of Procedure for considering and voting on a draft law.

7. When adopting a draft law through the accelerated procedure, the voting may be held on the same day, after the end of the consideration of the draft law by the appropriate hearing. In addition, Parliament shall put the draft law to the vote by third hearing only if its final edited version is submitted.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 118 – Adopting a law through the simplified procedure

1. A draft law on declaring a law of Georgia invalid, as well as a draft law on introducing amendments to a law, concerning only the amendment of dates (time frames) or terminology provided for by the law, as well as a draft law on introducing amendments to a law, which envisages the amendments to the numeration of the provisions of the law without changing their legal content, may be considered and adopted at a sitting of Parliament through the simplified procedure by one hearing, in accordance with the procedure established by Article 111 of the Rules of Procedure.

2. A decision on considering a draft law through the simplified procedure shall be made by the Parliamentary Bureau, on the basis of a proposal of the initiator of the draft law or the Leading Committee. It shall be inadmissible to consider the draft law at an appropriate sitting of a committee within one week from taking a decision on the commencement of the consideration of the draft law through the simplified procedure. After the expiry of the period, the draft law shall be deemed to comply with the time frame determined for considering a draft law by Article 107 of the Rules of Procedure.

3. If the Parliamentary Bureau makes a decision on considering a draft law through the simplified procedure, the subjects provided for by the Rules of Procedure shall transfer their comments on the draft law to the Leading Committee within the time frame determined by the Parliamentary Bureau.

4. A draft law on which the decision of considering it through the simplified procedure has been made, shall have attached appropriate opinions provided for by the Rules of Procedure during its consideration at a parliamentary plenary session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 119 – Adoption of legislative acts and approval of constitutional agreement

1. A constitutional law shall be deemed adopted if it is supported by at least two thirds of the full composition of Parliament by three hearings. The constitutional law shall be submitted to the President of Georgia for signature within 10 days after its consideration by first hearing by the Parliament of next convocation and after its approval without amendments by at least two third of Parliament's full composition.

2. If a constitutional law is supported by three hearings by at least three fourth of the full composition of Parliament, the constitutional Law shall be submitted to the President of Georgia for signature, within the time frame determined by Article 46 of the Constitution of Georgia.

3. A constitutional law related to the restoration of territorial integrity shall be adopted by a majority of two thirds of the full composition of Parliament and shall be submitted to the President of Georgia for signature, within the time frame determined by Article 46 of the Constitution of Georgia.

4. A constitutional agreement shall be deemed approved if supported by not less than three fifths of the full composition of Parliament.

5. An organic law shall be deemed adopted if supported by a majority of the full composition of Parliament, unless otherwise provided for by the Constitution of Georgia.

6. An organic law related to agricultural lands shall be adopted by a majority of not less than two thirds of the full composition of Parliament.

7. A rule of procedure shall be deemed adopted if supported by a majority of the full composition of Parliament.

8. A law shall be deemed adopted if supported by a majority attending a parliamentary plenary session, but by not less than one third of the full composition of Parliament, unless otherwise provided for by the Constitution of Georgia.

9. The date of adoption of the law shall be the day of its adoption by Parliament in its final version.

 

Article 120 – Procedure for adopting the Organic Law of Georgia on State Symbols of Georgia

The state flag, the coat of arms, and the anthem of Georgia are determined by the Organic Law of Georgia on State Symbols of Georgia, which shall be adopted and revised in accordance with the procedure established for the revision of the Constitution of Georgia.

 

Article 121 – Transfer of a law adopted by Parliament to the President of Georgia

A law adopted by Parliament shall be transferred to the President of Georgia within 10 days after its authorisation by the initiator of the draft law or his/her authorised representative, the Chairperson of the Leading Committee, a responsible person of the Office of Committee and the Head of the Legal Department of the Staff of the Parliament, and after the Chairperson of Parliament signs the relevant application.

 

Article 122 – Reasoned comments of the President of Georgia

1. The President of Georgia shall be authorised not to sign a law, and to return it to Parliament with reasoned comments in the cases and time frame provided for by the Constitution of Georgia.

2. The reasoned comments of the President of Georgia shall be in the form of a draft law.

3. A law returned with the reasoned comments of the President of Georgia shall be considered and adopted at a parliamentary plenary session by one hearing, in accordance with the procedure established by Article 111 of the Rules of Procedure. The law returned with the reasoned comments of the President of Georgia shall be put to the vote first, whereas the initial version of the law shall be put to the vote next.

4. If the Parliament adopts the comments of the President of Georgia, the law shall be transferred to the President of Georgia within five days, who shall sign and promulgate its final version within 5 days.

5. If the Parliament rejects the comments of the President of Georgia, the initial version of the law shall be put to the vote. The law shall be deemed adopted if supported by a majority of the full composition of Parliament. An organic law shall be deemed adopted if supported by a majority of the full composition of Parliament, except for the organic law provided for by Article 19(4) of the Constitution of Georgia, which shall be deemed adopted if supported by at least two thirds of the full composition of Parliament. A constitutional law shall be deemed adopted if supported by not less than three quarters of the full composition of Parliament. The law shall be submitted to the President of Georgia within 3 days, who shall sign and promulgate the law within five days.

6. A constitutional law on the introduction of an amendment into the Constitution of Georgia, which was adopted by Parliament by a majority of two third of the full composition of Parliament, shall be signed and promulgated by the President of Georgia within 5 days after its submission, without the right to return it to Parliament with comments.

7. If the President of Georgia does not promulgate the law within the established time frame, it shall be signed and promulgated by the Chairperson of Parliament within 5 days on the website of LEPL Legislative Herald of Georgia.

8. If in the case provided for by paragraph 3 of this article a draft law fails to receive the necessary number of votes, it shall be deemed rejected.

9. If the President of Georgia returns a law with reasoned comments to Parliament but parliamentary holidays are announced or less than 15 days are left before parliamentary holidays, an extraordinary session may be convened in accordance with the established procedure to consider the comments.

 

Article 123 – A draft constitutional law initiated by MPs

To check the authenticity of signatures, the Parliamentary Bureau shall transfer a draft constitutional law of Georgia submitted by more than half of the full composition of Parliament to the Procedural Issues and Rules Committee, which shall verify signatures and submit results to the Parliamentary Bureau within one week from the transfer of signatures. The Parliamentary Bureau shall put the issue on the agenda of the nearest parliamentary plenary session for the purpose of promulgating the draft constitutional law and establishing a Steering Commission on Public Considerations. At the same session of the Parliamentary Bureau, the draft constitutional law shall be transferred to committees for consideration in accordance with the procedure established by the Rules of Procedure.

 

Article 124 – Draft constitutional law of Georgia initiated by voters

1. For the purpose of exercising the right of submission of a draft constitutional law of Georgia on the initiative of voters, citizens of Georgia with electoral rights may set up an initiative group composed of at least 10 members.

2. The initiative group shall submit an application on registration to the Parliamentary Bureau. The application shall have attached the draft constitutional law of Georgia and the following data on members of the initiative group: the name, the surname, the date of birth, the address, the personal number and the telephone number. These materials shall be submitted to the nearest parliamentary plenary session, which shall transfer them to the Procedural Issues and Rules Committee.

3. The Procedural Issues and Rules Committee of the Parliament shall transfer the registration certificate to the initiative group or shall reasonably refuse its registration within seven days from transferring materials on the registration of the initiative group by the Parliamentary Bureau. The grounds for refusing to register may be a violation of the requirements of paragraph 1 and/or paragraph 2 of this article.

4. The application and the draft law submitted by the initiative group shall be published on the website of Parliament after the registration certificate is transferred to the initiative group.

5. The initiative group shall be entitled to withdraw the application on registration before the receipt of the the registration certificate.

6. From the day of the receipt of the registration certificate, the initiative group shall be entitled to start collecting the signatures of supporters of the draft constitutional law in the following form(s):

a) filling in signature papers;

b) collecting qualified electronic signatures provided for by the Law of Georgia on Electronic Documents and Electronic Trust Services, on the Parliament website.

7. Each paper of the form determined by the Procedural Issues and Rules Committee of the Parliament for collecting signatures shall be signed by not more than 50 voters. To ensure the validity of signatures, a person in charge shall note the following data on a voter: the name, the surname, the day/month/year of birth, the address, the personal number, the telephone number and the date of signature. The voter shall confirm the data by signature. A person in charge of collecting signatures shall confirm each such paper by signature, which person shall be responsible for the validity of the signatures and be liable for the falsification of signatures. The signature of each responsible person shall be certified in a notary bureau. In addition, in one municipality, a single notarial certification of the signature of a person in charge of collecting signatures shall suffice. All other signature papers confirmed by his/her signature shall not need notarial certification in the same municipality.

8. To collect qualified electronic signatures, a draft constitutional law of Georgia shall be placed on the website of Parliament. Before adding a qualified electronic signature, a voter shall electronically indicate a telephone number in the relevant field of the website and add a qualified electronic signature.

9. For the purposes provided for by this article, the Procedural Issues and Rules Committee of the Parliament shall use the following data on a signatory included in the electronic database of the LEPL Public Service Development Agency operating under the Ministry of Justice of Georgia: the name, the surname, the personal number, the date of birth, the address and the citizenship.

10. Within four months after receiving a registration certificate, an initiative group shall apply to the Parliamentary Bureau with an application and shall submit one of the following:

 a) signature papers filled in by at least 200 000 voters;

b) information on collecting qualified electronic signatures of at least 200 000 voters;

c) filled in signature papers and information on collected qualified electronic signatures confirming the signatures of at least 200 000 voters.

11. Filled in signature papers and information on collected qualified electronic signatures shall be submitted to the nearest session of the Parliamentary Bureau, which shall transfer them to the Procedural Issues and Rules Committee of the Parliament to check the authenticity of signatures.

12. The Procedural Issues and Rules Committee of the Parliament shall check the authenticity of signatures and submit results to the nearest session of the Parliamentary Bureau within one month after the receipt of signature papers and information on collected qualified electronic signatures. If it is established that signatures are made in violation of the requirements of the Rules of Procedure, the Parliamentary Bureau shall refuse an initiative group the right to submit a draft constitutional law of Georgia to Parliament for consideration.

13. A signature shall be considered void if:

a) it is made on a paper which is not in a determined form and/or which is not confirmed or verified in accordance with the procedure established by paragraph 7 of this article;

b) where made on a signature paper, it does not include the data determined by paragraph 7 of this article;

c) it is made by deception, intimidation, under pressure or by another person, if the same is confirmed by the voter in writing;

d) it is made by a person who does not meet the requirements established for voters by the Constitution of Georgia;

e) in the case of a qualified electronic signature, it is not made in accordance with the Law of Georgia on Electronic Documents and Electronic Trust Services.

14. If examination shows that the number of authentic signatures is less than 200 000, the right to submit a draft constitutional law of Georgia on the initiative of voters shall be considered rejected.

15. Where an initiative group is not granted the right to submit a draft constitutional law of Georgia, it shall be entitled to apply, within 5 days, to the common courts.

16. A positive opinion of the Procedural Issues and Rules Committee of the Parliament on the authenticity of the signatures of voters and a draft constitutional law of Georgia submitted by at least 200 000 voters shall be submitted to the Parliamentary Bureau, which shall put the issue on the agenda of the nearest parliamentary plenary session on the basis of the opinion of the Procedural Issues and Rules Committee of the Parliament for the purpose of promulgating the draft constitutional law and establishing a Steering Commission on Public Considerations, and the signature papers shall be transferred to the Organisational Department of the Staff of the Parliament. At the same session of the Parliamentary Bureau, the draft constitutional law shall be transferred to committees for consideration in accordance with the procedure established by the Rules of Procedure.

 

Article 125 – General public consideration of a draft constitutional law

1. Parliament shall decide by a resolution to promulgate a draft constitutional law of Georgia and to set up a Steering Commission on Public Considerations.

2. The number of members and the composition of the Steering Commission on Public Considerations shall be determined by Parliament.

3. More than half, but not less than three members, of the Steering Commission on Public Considerations shall be MPs in the parliamentary opposition.

4. It shall not be mandatory to observe the rules on proportional representation of MPs in the Steering Commission on Public Consideration if it is impossible to staff the Commission in accordance with the procedures established by paragraph 3 of this article.

5. The Steering Commission on Public Considerations shall consider materials related to the draft constitutional law of Georgia, within 1 month after the commencement of the consideration of the draft constitutional law, and shall make up a summary protocol after the commencement of consideration.

6. For the purpose of reviewing the draft constitutional law of Georgia, the Steering Commission on Public Considerations shall hold meetings in various administrative territorial units of Georgia, taking into account the principle of maximum awareness raising and the engagement of the population.

7. A schedule of meetings shall be published on the website of Parliament not later than 5 days before the commencement of the meetings of the Steering Commission on Public Considerations. Changes introduced in the schedule of meetings shall be additionally published on the website of Parliament not later than 2 days before a relevant meeting.

8. For the purpose of raising the awareness of the population, brief information about the essence of a draft constitutional law shall be placed on the website of Parliament, and shall be distributed during meetings.

9. Citizens shall express their opinions at a meeting of the Steering Commission on Public Considerations verbally and/or in writing. The verbal opinions of citizens shall be reflected in the minutes of the meeting and in the summary protocol of the Steering Commission on Public Considerations, and opinions submitted in writing and/or in the electronic form shall be attached to the summary protocol.

10. Minutes of meetings shall be published on the website of Parliament not later than 3 days after each meeting, and a summary protocol of the Steering Commission on Public Considerations shall be published within 10 days from the completion of public considerations.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 126 – Consideration and adoption of a draft constitutional law

1. Parliament shall commence consideration of a draft constitutional law of Georgia 1 month after its promulgation. The committees determined by the Parliamentary Bureau shall consider the draft constitutional law not later than within 1 month after the expiry of the aforementioned time frame.

2. The consideration of a draft constitutional law of Georgia shall commence with a report of the Chairperson of the Steering Commission on Public Considerations or a member authorised by the Commission who shall introduce a plenary session with the results of public considerations of the draft constitutional law of Georgia. Thereafter, the draft constitutional law of Georgia shall be presented to the plenary session by a member of the initiative group appointed by the initiative group.

3. A draft constitutional law of Georgia shall be considered and adopted by three hearings by the Parliament of one and the same convocation, in accordance with the procedure established for considering and adopting a draft law by three hearings, unless otherwise provided for by this article.

4. A draft constitutional law provided for by Article 119(1) of the Rules of Procedure shall be presented to the Parliament of successive convocation by the Chairperson of Parliament. After the end of the report, political debates shall be held in accordance with Article 93(2) of the Rules of Procedure.

5. It shall be inadmissible to consider and adopt a draft constitutional law of Georgia through the accelerated or simplified procedures.

6. It shall be inadmissible to submit an alternative draft law or an alternative proposal on certain norms of a draft constitutional law of Georgia.

 

Article 127 – Exercise of the right to legislative initiative by voters

1. For the purpose of exercising the right to submit a draft constitutional law of Georgia on the initiative of not less than 25 000 citizens of Georgia entitled to vote, an initiative group composed of at least 5 members shall be set up.

2. The initiative group shall submit an application on registration to the Parliamentary Bureau. The application shall be accompanied by the draft law and the following data of the members of the initiative group: the name, the surname, the date of birth, the address, the personal number and the telephone number. These materials shall be submitted to the nearest parliamentary plenary session, which shall transfer them to the Procedural Issues and Rules Committee.

3. The Procedural Issues and Rules Committee of the Parliament shall, within five days after the submission of the materials on the registration of the initiative group by the Parliamentary Bureau, submit the registration certificate or refuse to register. The grounds for refusing to register may be a violation of the requirements of paragraph 1 and/or paragraph 2 of this article.

4. The application and the draft law submitted by the initiative group shall be published on the website of Parliament after the registration certificate is transferred to the initiative group.

5. The initiative group shall be entitled to withdraw the application on registration before the receipt of the the registration certificate.

6. From the day of receiving the registration certificate, the initiative group shall be entitled to start collecting signatures of supporters of the draft law in the following form(s):

a) filling in signature papers;

b) collecting qualified electronic signatures, as provided for by the Law of Georgia on Electronic Documents and Electronic Trust Services, on the website of Parliament.

7. Each paper in a form determined by the Procedural Issues and Rules Committee of the Parliament for collecting signatures shall be signed by not more than 50 voters. To ensure the validity of signatures, a person in charge shall note the following data on a voter: the name, the surname, the day/month/year of birth, the address, the personal number, the telephone number and the date of signature. The voter shall confirm the data by signature. A person in charge of collecting signatures shall confirm each such paper by signature, which person shall be responsible for the validity of signatures and be liable for the falsification of signatures. The signature of each responsible person shall be certified by a notary. In addition, in one municipality, a single notarial certification of the signature of a person in charge of collecting signatures shall suffice. All other signature papers confirmed by his/her signature shall not need notarial certification in the same municipality.

8. To collect qualified electronic signatures, a draft law of Georgia shall be placed on the website of Parliament. Before adding a qualified electronic signature, a voter shall electronically indicate a telephone number in the relevant field of the website and add a qualified electronic signature.

9. For the purposes provided for by this article, the Procedural Issues and Rules Committee of the Parliament shall use the following data on a signatory included in the electronic database of the LEPL Public Service Development Agency operating under the Ministry of Justice of Georgia: the name, the surname, the personal number, the date of birth, the address and the citizenship.

10. Within 45 days after receiving the registration certificate, an initiative group shall apply to the Parliamentary Bureau with an application and shall submit one of the following:

a) signature papers filled in by at least 25 000 voters;

b) information on collecting qualified electronic signatures of at least 25 000 voters;

c) filled in signature papers and information on collected qualified electronic signatures confirming the signatures of at least 25 000 voters.

11. Filled in signature papers and information on collected qualified electronic signatures shall be submitted to the nearest session of the Parliamentary Bureau, which shall transfer them to the Procedural Issues and Rules Committee of the Parliament to check the authenticity of signatures.

12. The Procedural Issues and Rules Committee of the Parliament shall check the authenticity of signatures on a random basis and submit the results to the nearest session of the Parliamentary Bureau, within 2 weeks after receiving signature papers and information on collected qualified electronic signatures. Should it be established that signatures have been made in violation of the requirements of this Chapter and this results in the reduction of the number of authentic signatures to less than 25 000, the Parliamentary Bureau shall refuse the initiative group the right to submit the draft law to Parliament for consideration on the basis of a negative opinion of the Procedural Issues and Rules Committee of the Parliament. Accordingly, the exercise of the right to submit a draft law shall be deemed rejected.

13. A signature shall be considered void if:

a) it is made on a paper which is not in a determined form and/or which is not confirmed or verified in accordance with the procedure established by paragraph 7 of this article;

b) where made on a signature paper, it does not include the data determined by paragraph 7 of this article;

c) it is made by deception, intimidation, under pressure or by another person, if the same is confirmed by the voter in writing;

d) it is made by a person who does not meet the requirements established for voters by the Constitution of Georgia;

e) in the case of qualified electronic signature, it is not made in accordance with the Law of Georgia on Electronic Documents and Electronic Trust Services.

14. Where an initiative group is refused the right to submit a draft law, it shall be entitled to apply to a court within 5 days.

15. The opinion of the Procedural Issues and Rules Committee of the Parliament on the authenticity of signatures of voters and the presented draft law shall be submitted to the Parliamentary Bureau, and the signature papers of voters shall be transferred to the Organisational Department of the Staff of the Parliament.

16. Parliament shall consider a draft law submitted on the initiative of at least 25 000 voters in accordance with the procedure established by the Rules of Procedure.

 

Article 128 – Approval of the Constitution of the Autonomous Republic of Ajara

1. For the purpose of approving the Constitution of the Autonomous Republic of Ajara, the Supreme Council of the Autonomous Republic of Ajara shall submit to Parliament as a legislative initiative a draft Organic Law of Georgia on the Approval of the Constitution of the Autonomous Republic of Ajara, and the Constitution of the Autonomous Republic of Ajara adopted by the Supreme Council of the Autonomous Republic of Ajara, in accordance with the established procedure.

2. The Constitution of the Autonomous Republic of Ajara shall be approved by Parliament through the Organic Law of Georgia on the Approval of the Constitution of the Autonomous Republic of Ajara , through the consideration and approval by first hearing, in accordance with the procedure established for considering a draft law by first hearing.

 

Chapter XI − Resolution of Parliament

 

Article 129 – Content of a resolution of Parliament

1. All decisions of Parliament shall be documented by a resolution.

2. A resolution of Parliament may be of individual or normative nature.

3. All matters related to the activities of Parliament, which are not regulated by the Rules of Procedure or another normative act, shall be resolved by Parliament through a resolution.

 

Article 130 – Procedure for adopting a resolution of Parliament

1. A draft resolution of Parliament shall be submitted to Parliament and shall be considered in accordance with the procedure established by the Rules of Procedure for submitting a draft law to Parliament and for its consideration by committee.

2. A draft resolution of Parliament shall be considered at a parliamentary plenary session by one hearing, in accordance with the procedure established for considering a draft law by first hearing.

3. A resolution of Parliament shall be deemed adopted if supported by a majority of members attending a plenary session, but not less than one third of the full composition of Parliament, unless otherwise provided for by a legislative act.

4. The date of adopting the final version of a resolution by Parliament shall be considered the date of its adoption.

 

Article 131 – Promulgation and entry into force of a resolution of Parliament

1. A resolution of Parliament, except for a resolution of normative nature, shall enter into force upon its adoption, unless a different time frame is determined by the said resolution. A resolution of Parliament of a normative nature shall be officially promulgated on the website of the LEPL Legislative Herald of Georgia and shall enter into force upon its promulgation, unless a different time frame is determined by the said resolution.

2. A resolution of Parliament shall be placed on the website of Parliament.

 

Article 132 – Concept

1. A concept is a decision made by Parliament on determining the main directions of state policy, and is approved by Parliament by means of a resolution.

2. A draft concept shall be submitted to Parliament in accordance with the procedure established by the Rules of Procedure for submitting a draft law to Parliament. A draft concept may be initiated by no less than one fifth of all MPs, except for the cases determined by legislative acts of Georgia. Parliament shall approve a concept by resolution in accordance with the procedure established by Article 130 of the Rules of Procedure, unless otherwise provided for by said article.

3. A concept submitted to Parliament shall be transferred to the nearest session of the Parliamentary Bureau, which shall make a decision on the commencement of the procedure for considering the concept and determine a Leading Committee, as well as committees whose opinions shall be attached to the concept. After the Parliamentary Bureau makes a decision, the concept shall be transferred for consideration to the Leading Committee, other committees, factions, non-faction MPs, and the Legal Department of the Staff of the Parliament.

4. Parliamentary committees, factions, non-faction MPs and the Legal Department of the Staff of the Parliament shall consider the concept and submit reasoned opinions regarding the concept to the Leading Committee within not later than 10 days, and the Leading Committee shall transfer the concept and the opinions related thereto to the Parliamentary Bureau to put the concept on the agenda of a parliamentary plenary session.

5. Parliament shall approve a concept by a majority of its full composition.

6. If Parliament does not approve a concept, it shall be considered at a meeting of the Chairperson of Parliament, his/her Deputies, the Chairpersons of committees and factions, the leaders of the majority and the minority, and the initiator of the concept or a person authorised by the initiator, and thereafter it shall be considered again at a parliamentary plenary session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter XII − Budgetary Powers of Parliament

 

Article 133 – Main powers of the Financial and Budgetary Committee of Parliament

Within the scope of competence of Parliament, the process of adoption of the State Budget and the introduction of changes thereto shall be managed by the Financial and Budgetary Committee of Parliament.

 

Article 134 – Consideration of the main macroeconomic forecasts and basic directions of the ministries of Georgia

1. To agree main data and directions with parliamentary committees, in accordance with the Budgetary Code of Georgia, the Government of Georgia shall submit information on the main macroeconomic forecasts and basic directions of the ministries of Georgia to Parliament before 1 June of each year.

2. The consideration and agreement of information on the main macroeconomic forecasts and basic directions of the ministries of Georgia shall be organised by the Financial and Budgetary Committee of Parliament, which is authorised to request and receive necessary information from the Government of Georgia, the ministries of Georgia, other agencies, and other institutions of the executive authority.

3. As a rule, parliamentary committees shall consider information on the main macroeconomic forecasts and basic directions of the ministries of Georgia by their areas and shall prepare appropriate opinions. The opinions shall be submitted to the Financial and Budgetary Committee of Parliament not later than 18 June. The Financial and Budgetary Committee of Parliament shall send the opinions to the Government of Georgia together with its opinion not later than 20 June.

 

Article 135 – Submission of the draft law on the State Budget to Parliament and its availability

1. Not later than 1 October, the Government of Georgia shall submit to Parliament a draft law on the State Budget together with materials provided for by the legislation of Georgia (including a report on the implementation of the State Budget of the current year) and a document of the main data and directions of the country complying with the draft law on the State Budget.

2. The draft law on the State Budget, together with attached materials and a document of the main data and directions of the country complying with the draft law on the State Budget, shall be published on the website of Parliament upon its submission.

3. Materials attached to a draft law on the State Budget (except for a package of legislative amendments necessary for the entry into force of the Annual Budgetary Law) shall be only of an informative nature and need not be approved by Parliament.

 

Article 136 – Commencement of the procedure for consideration of a draft law on the State Budget

1. The Financial and Budgetary Committee of the Parliament shall ensure that a schedule for considering a draft law on the State Budget, a report of the Government of Georgia and a document on the main data and directions of the country is drawn up, within 2 days after receiving the draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget of the current year, and the document on the main data and directions of the country complying with the draft law on the State Budget, after a meeting between the Chairperson of Parliament and the representatives of parliamentary committees and factions.

2. Upon receipt, the draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget, and the document on the main data and directions of the country complying with the draft law on the State Budget, shall be sent to the National Bank of Georgia and the State Audit Office.

3. The draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget, and the document on the main data and directions of the country complying with the draft law on the State Budget, and a schedule of their consideration, shall be sent to parliamentary committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament on the day following the drawing up of the schedule. Only the schedule of the said consideration shall be sent to the Government of Georgia, the National Bank of Georgia and the State Audit Office.

4. The draft law on the State Budget, the report of the Government of Georgia on the implementation of the State Budget, and the document on the main data and directions of the country complying with the draft law on the State Budget, shall be considered by parliamentary committees (except for the Financial and Budgetary Committee of Parliament), factions, non-faction MPs, the Legal Department of the Staff of the Parliament, and the Budgetary Office of the Parliament, within 2 weeks after they are published on the website of Parliament, and appropriate opinions shall be prepared. The opinions shall be sent to the Financial and Budgetary Committee of the Parliament.

5. Within 2 weeks after transferring the documents referred to in paragraph 1 of this article, the State Audit Office shall submit to Parliament the opinion on the draft law on the State Budget and the relevance and legitimacy of receipts and payables provided for by this draft law, as well as a report on the report of the Government of Georgia on the implementation of the State Budget of the current year, and the National Bank of Georgia shall submit an opinion on the main parameters of the draft law on the State Budget.

6. The review of the documents provided for by paragraph 1 of this article through the established procedure shall be organised by the Financial and Budgetary Committee of Parliament which, where required, shall be authorised to request and receive necessary information from the Government of Georgia, the ministries of Georgia, other agencies, and other institutions of the executive authority. The Financial and Budgetary Committee of Parliament shall submit to the Chairperson of Parliament information on the progress of the process of consideration, once a week.

7. A draft law on the State Budget, a report of the Government of Georgia on the implementation of the State Budget, and a document on the main data and directions of the country complying with the draft law on the State Budget, shall be submitted by the minister or the deputy minister of the relevant ministry, together with the Minister or the Deputy Minister of Finance of Georgia. Their reviews shall be attended by the General Auditor or the Deputy General Auditor.

8. Any part of a draft law on the State Budget related to state secrets shall be considered by a trust group. During the consideration of the draft law on the State Budget, the trust group shall submit to the Financial and Budgetary Committee of Parliament its opinions on issues within its scope of authority which are related to special programmes, and amounts to be provided by the State Budget for the said programmes.

9. The Financial and Budgetary Committee of Parliament shall consider and evaluate the opinions of other committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament and the Budgetary Office of the Parliament, as well as opinions of the National Bank of Georgia and the State Audit Office, and shall prepare a final opinion on the basis of the said opinions, its own comments and opinions, and shall submit it to the Chairperson of Parliament not later than 20 October.

10. The Chairperson of Parliament shall send the opinion of the Financial and Budgetary Committee of the Parliament on the draft law on the State Budget to the Government of Georgia, within 2 days after receipt but not later than 22 October. The comments provided in the opinion of the Financial and Budgetary Committee of Parliament with regard to the 3 budgetary years following the planning provided for by the document on the main data and directions of the country complying with the draft law on the State Budget shall be of a recommendatory nature.

11. The Government of Georgia shall submit revised versions of the law of Georgia on the State Budget (each page of which shall be authorised by a person responsible for its preparation) and the document on the main data and directions of the country to Parliament for consideration not later than 5 November. The draft law shall be attached by information on proposals and comments, indicating to what extent each of them has been taken into account.

12. Proposals and comments with regard to which the Government of Georgia has given its consent shall be included in the draft law on the State Budget.

13. Revised versions of a draft law of the State Budget and a document on the main data and directions of the country shall be published on the website of Parliament upon their receipt by Parliament. In addition, they shall be sent to the National Bank of Georgia and the State Audit Office, and to parliamentary committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament, and the Budgetary Office of the Parliament, within 2 days after their receipt.

14. Within 5 days after the receipt of the documents provided for by paragraph 11 of this article, the State Audit Office shall submit to Parliament an opinion on the revised version of the draft law on the State Budget and the relevance and legitimacy of the receipts and payables provided for by the said draft law, and the National Bank of Georgia shall submit an opinion on the main parameters of the revised version of the draft law on the State Budget.

15. Revised versions of the draft law on the State Budget and the document on the main data and directions of the country shall be considered, and relevant opinions shall be prepared by parliamentary committees participating in the consideration (except for the Financial and Budgetary Committee), factions, non-faction MPs and the Legal Department of the Staff of the Parliament, within 3 days after their transfer. The revised versions of the draft law on the State Budget and the document on the main data and directions of the country shall be also considered, and a relevant opinion prepared, by the Budgetary Office of the Parliament within 3 days after their transfer. The opinions shall be sent to the Financial and Budgetary Committee of the Parliament.

16. The Financial and Budgetary Committee of Parliament shall consider revised versions of the draft law on the State Budget and a document on the main data and directions of the country, and consider and evaluate the opinions of other committees, factions, non-faction MPs, the Legal Department of the Staff of the Parliament, and the Budgetary Office of the Parliament, as well as the opinions of the National Bank of Georgia and the State Audit Office, and shall prepare a final opinion on the basis of the said opinions, its own comments and opinions, and shall submit same to the Chairperson of Parliament and the Parliamentary Bureau.

17. After the Financial and Budgetary Committee submits the opinion to Parliament and the Parliamentary Bureau, but not later than 18 November, Parliament shall consider the draft law on the State Budget at a plenary session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 137 – Considering the revised version of the draft law on the State Budget at a plenary session

1. A draft law on the State Budget shall be considered at a parliamentary plenary session by one hearing, in accordance with the procedure established by this Chapter.

2. A draft law on the State Budget and a report on the implementation of the State Budget of the current year shall be submitted by the Prime Minister of Georgia and/or other member(s) of the Government of Georgia, as per the instructions of the Prime Minister of Georgia.

3. When submitting a draft law on the State Budget and a report on the implementation of the State Budget of the current year, a member/members of the Government of Georgia may speak for not more than 60 minutes, which may be extended at the request of the speaker. After the completion of the report of a member/members of the Government of Georgia, a co-speaker, who is a representative of the Financial and Budgetary Committee of the Parliament, shall speak for not more than 30 minutes.

4. A speech on a draft law of the State Budget, that may be no longer than 30 minutes, shall be delivered by:

a) the President of the National Bank of Georgia, who shall present an opinion on main parameters of the revised version of the draft law on the State Budget;

b) the General Auditor, who shall present an opinion on the draft law on the State Budget and the relevance and legitimacy of receipts and payables provided for by the said draft law, as well as a report on the report of the Government of Georgia on the implementation of the State Budget for the current year.

5. After the completion of speeches, consideration shall take place in accordance with the procedure established by the Rules of Procedure for considering a draft law by first hearing.

6. After the completion of consideration, the Chairperson of the parliamentary plenary session shall announce a break during the consideration of the draft law on the State Budget.

7. Within 2 days from announcing the break during the consideration of the draft law on the State Budget, but not later than 20 November, the Chairperson of Parliament shall send to the Government of Georgia the opinion of the Financial and Budgetary Committee of Parliament, together with a shorthand record reflecting the comments made during consideration at the plenary session.

 

Article 138 – Considering the final version of a draft law on the State Budget

1. After transferring the opinion provided for by Article 137(7) of the Rules of Procedure, but not later than 30 November, the Government of Georgia shall submit to Parliament the final versions of the draft law on the State Budget (with each page authorised by a person responsible for its preparation) and a document on the main data and directions of the country, together with information on the status of the proposals and comments offered at the parliamentary plenary session being taken into account, which shall be published on the website of Parliament upon its receipt and shall be sent to the National Bank of Georgia and the State Audit Office.

2. Within 5 days of receipt, the State Audit Office shall submit to Parliament an opinion on the final version of the draft law on the State Budget, and the relevance and legitimacy of receipts and payables provided for by the draft law, and the National Bank of Georgia shall submit an opinion on the main parameters of the final version of the draft law of the State Budget.

3. Before considering a draft law on the State Budget at a parliamentary plenary session, the Financial and Budgetary Committee shall consider the final version of the draft law on the State Budget and shall submit its opinion to the Parliamentary Bureau.

4. Parliament shall consider a draft law on the State Budget at a parliamentary plenary session not earlier than 5 days after the Government of Georgia submits the final version of the draft law. The consideration of the said draft law shall be followed by the speech/speeches of a member/members of the Government of Georgia, which shall last for not more than 60 minutes.

5. Parliament shall consider a draft law on the State Budget at a parliamentary plenary session in accordance with the procedure established by the Rules of Procedure for considering a draft law by first hearing, taking into account paragraphs 4 and 6 of this article.

6. After the completion of speeches, a member/members of the Government of Georgia shall deliver the final speech which shall not last more than 30 minutes.

7. The Parliament shall adopt the Law on the State Budget by a majority of its full composition. A draft law on the State Budget shall be put to the vote not later than the third Friday of December.

8. In Parliament, the draft law on the State Budget may be amended by the consent of the Government of Georgia. In such case, the Government of Georgia shall submit to Parliament an amended draft law complying with the Law on the State Budget. The draft law on the State Budget may be also amended during its consideration at a parliamentary plenary session if a speaker agrees with the comment expressed.

9. If Parliament fails to adopt the Law on the State Budget not later than the third Friday of December, the same version of the draft law on the State Budget or the revised version of the draft law may be put to the vote again with the participation of the Government of Georgia and the Financial and Budgetary Committee of the Parliament, within 10 days but not later than 31 December.

10. The Law on the State Budget shall be promulgated in accordance with the established procedure. The Law on the State Budget and its annexes shall be available to the public.

11. Not later than 1 month after the beginning of a planning year, the Ministry of Finance of Georgia, on the basis of information received from municipalities and autonomous republics, shall ensure the preparation of the final, detailed version of the document on the main data and directions of the country and the submission thereof to the Financial and Budgetary Committee of Parliament in the form of information.

Rules of Procedure of the Parliament of Georgia No 7024 of 15 July 2020 – website, 23.7.2020

 

Article 139 – Consideration of amendments to the Law on the State Budget in a committee

1. A draft law on introducing an amendment to the Law on the State Budget shall be considered in accordance with Article 136 of the Rules of Procedure unless otherwise provided for by this article.

2. The draft law on introducing an amendment to the Law on the State Budget shall be published on the website of Parliament upon its receipt from the Government of Georgia. Within 2 days after the receipt of the draft law, the Parliamentary Bureau shall review the schedule of consideration of the draft law on introducing an amendment to the Law on the State Budget submitted by the Chairperson of the Financial and Budgetary Committee of Parliament and shall submit it to the Chairperson of Parliament.

3. The schedule of consideration of the draft law on introducing an amendment to the Law on the State Budget shall determine the time frame for considering a draft budget by parliamentary subjects considering the draft budget and the time frame for submitting opinions, as well as an approximate time frame for considering and adopting the said draft budget at a parliamentary plenary session.

4. Within 10 days after the Government of Georgia submits to Parliament the draft law on introducing an amendment to the Law on the State Budget, the Chairperson of Parliament shall send to the Government of Georgia the opinion of the Financial and Budgetary Committee.

5. The Government of Georgia shall submit the revised version of the draft law on introducing an amendment to the Law on the State Budget (each page of which shall be authorised by a person responsible for the preparation of the draft law) to Parliament for consideration not later than 5 days after the receipt of the opinion. The draft law shall be attached by information on submitted proposals and comments, indicating to what extent each of the proposals and comments has been taken into account.

6. The revised version of the draft law on introducing an amendment to the Law on the State Budget shall be published on the website of Parliament upon its submission and shall be sent to the National Bank of Georgia and the State Audit Office within 1 day.

 

Article 140 – Considering an amendment to the Law on the State Budget at a plenary session

1. A draft law on amendments to the Law on the State Budget shall be considered by Parliament at a plenary session in accordance with the procedure established by Articles 137 and 138 of the Rules of Procedure, not later than 7 days from submitting the revised version of the draft law by the Government of Georgia.

2. After the completion of speeches, an authorised person shall deliver a final speech, which shall not last more than 30 minutes.

3. Parliament shall adopt the law on the introduction of amendments to the Law on the State Budget by one hearing, with the participation of the majority of the full composition of Parliament.

4. If Parliament fails to adopt a law on the introduction of amendments to the Law on the State Budget, the same version of the law on the introduction of amendments to the State Budget, or the revised version of the draft law, may be put to the vote repeatedly with the participation of the conciliation committee of the Government of Georgia and the members of the Financial and Budgetary Committee of the Parliament.

5. The law on the introduction of amendments to the Law on the State Budget shall be promulgated in accordance with the established procedure.

 

Article 141 – Consideration of a quarterly report on the execution of the State Budget

1. Parliament shall carry out general and consistent control of the execution of the State Budget through the Financial and Budgetary Committee of the Parliament. As a rule, other committees shall carry out the control of the budget execution according to their fields of competence.

2. Within one month after the end of each quarter, the Ministry of Finance of Georgia shall submit to Parliament a quarterly review of the execution of the State Budget with a cumulative sum.

3. As a rule, during a budgetary year, the review of the execution of the State Budget shall be considered by the Financial and Budgetary Committee of the Parliament, whereas other committees shall consider the review according to their fields of competence. Subjects considering the review shall be entitled to request and receive additional information on the execution of the State Budget from relevant state agencies. Review by committees shall be organised by the Financial and Budgetary Committee of the Parliament. By a decision of the Financial and Budgetary Committee of the Parliament, the results of the consideration shall be submitted to Parliament, and may be considered by Parliament.

 

Article 142 – Considering the annual report on the execution of the State Budget

1. The Government of Georgia shall submit an annual report on the execution of the State Budget to Parliament for approval upon the delivery of information on the completion of the speech about the report by the State Audit Office, but not later than 5 months after the end of the budgetary year. The Staff of the Parliament shall send an annual report on the State Budget execution to the National Bank of Georgia in accordance with the procedure established by the Rules of Procedure.

2. The State Audit Office shall deliver to Parliament a speech on the report within 50 days after transferring an annual report on the execution of the State Budget by the Government of Georgia.

3. A report on the execution of the State Budget and a statement of the State Audit Office on the report shall be considered by:

a) the Financial and Budgetary Committee of the Parliament, whereas other committees, as a rule, shall consider it according to their fields of competence;

b) factions and non-faction MPs.

4. A report on the execution of the State Budget and a statement of the State Audit Office on the said report shall be considered by Parliament not later than the completion of the spring session.

5. The Staff of the Parliament shall transfer copies of the report on the execution of the State Budget and a statement of the State Audit Office on the said report to the Financial and Budgetary Committee of the Parliament, other committees, factions, non-faction MPs, and the Budgetary Office of the Parliament, not later than 3 days after their receipt, and shall send them to the National Bank of Georgia, as well as an annual report on the execution of the State Budget to the State Audit Office. The Financial and Budgetary Committee of the Parliament shall determine the schedule of consideration of the annual report on the execution of the State Budget within 2 days after receiving the report and the statement of the State Audit Office on the the report, and shall send it to parliamentary committees and factions, as well as to the Government of Georgia, the State Audit Office, and the National Bank of Georgia. The Financial and Budgetary Committee of the Parliament, other committees according their fields of competence, factions, and the Budgetary Office of the Parliament, shall consider a report on the execution of the State Budget and the statement of the State Audit Office on the said report for 2 weeks, and shall prepare appropriate opinions.

6. The opinions of the Financial and Budgetary Committee of the Parliament, other committees, and factions, shall be submitted to a parliamentary plenary session. After completion of the consideration of the annual report on the execution of the State Budget, the statement of the State Audit Office on the said report, the reports of parliamentary committees and factions, and those of factions, and after completion of the parliamentary debate carried out in accordance with the procedure determined by the Rules of Procedure for considering draft laws by first hearing, the Parliament shall adopt the resolution on the annual report on the execution of the State Budget. Parliament shall approve the report on the execution of the State Budget if it accurately and completely reflects the receipts and payables of the State Budget of the previous budgetary year, and their legitimacy. Otherwise, Parliament may not approve the annual report on the execution of the State Budget. Parliament shall adopt a resolution on the approval or disapproval of the annual report on the execution of the State Budget before the completion of the spring session.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 143 – Formation of the budget of Parliament

1. The formation of the draft budget of Parliament and its submission to the Government of Georgia shall be ensured by Parliament before the start of the budgetary year, namely not later than 15 June.

2. The formation of the draft budget of Parliament shall be generally managed and coordinated by the Chairperson of Parliament. The draft budget of Parliament shall be formed on the basis of proposals of appropriate committees, factions, the Board of Treasurers and the Staff of the Parliament. The draft budget shall be submitted by the Financial and Budgetary Committee to Parliament for approval. In the draft budget of Parliament (programme classification code – 0101), the volume of financing specified for Parliament may be decreased only with the prior consent of Parliament. It shall be mandatory to distribute the draft budget of Parliament during its consideration at a parliamentary plenary session. The draft budget of Parliament shall reflect information on the financial operations of budgetary expenses and non-financial assets according to the main groups of budgetary classification.

3. The volume of allocations designated for Parliament in the State Budget may be decreased compared to the respective volume of previous and current years only with the prior consent of Parliament. Parliament shall make a decision at its sole discretion on the distribution of budgetary funds allocated in the State Budget for Parliament. Unless the volume of budgetary funds exceeds 15% of budgetary funds allocated for Parliament, the decision on the distribution of budgetary funds allocated in the State Budget for Parliament shall be made by the Chairperson of Parliament, whereas in other cases, such decision shall be made by Parliament by a resolution.

4. The decision on administering the savings in the payroll fund shall be taken by the Chairperson of Parliament on the basis of a submission by the Finance Supplies Department of the Staff of the Parliament and a recommendation of the Board of Treasurers of Parliament.

5. A special fund may be established in Parliament within the budgetary allocations, where the amount withheld from the salary of an MP shall be reflected, in the cases provided for by the Rules of Procedure. MPs shall be entitled to cede their salary in favour of the fund. The decision on the disposal of amounts reflected in the said fund shall be taken by the Chairperson of Parliament on his/her initiative or on the basis of a proposal of the Board of Treasurers. The Chairperson of Parliament shall deliver information on his/her decision to the Parliamentary Bureau.

 

Article 144 – Formation of budgets of the State Council of Heraldry operating within Parliament and the National Library of Georgia

1. The budgets of the State Council of Heraldry operating within Parliament and the National Library of Georgia shall be formed and submitted to the Government of Georgia by the Chairperson of Parliament.

2. Before 1 May, the Chairpersons of the State Council of Heraldry operating within Parliament and the National Library of Georgia shall submit to Parliament draft budget statements for the following year on the budget estimates and the maximum number of employees.

3. The submitted draft budget statements, together with an appropriate opinion of the Finance Supplies Department of the Staff of the Parliament, shall be considered by the Financial and Budgetary Committee of the Parliament for 3 weeks, and the latter shall submit an appropriate decision to the Chairperson of Parliament. The Chairperson of Parliament shall send the draft budget statements with an appropriate decision to the Government of Georgia not later than 15 June.

 

Article 145 – Formation of the budget of the Research Centre operating within Parliament

1. The submission of the budget for the following year of the Research Centre operating within Parliament shall be ensured by Parliament.

2. Before 1 May, the Director of the Research Centre operating within Parliament shall submit to Parliament a budget statement for the following year on the budget estimates and the maximum number of employees.

3. The submitted draft budget statement with an appropriate opinion of the Finance Supplies Department shall be considered by the Financial and Budgetary Committee of Parliament for 3 weeks, and the latter shall submit its appropriate decision to the Chairperson of Parliament. The Chairperson of Parliament shall send the draft budget statement with the appropriate decision to the Government of Georgia not later than 15 June.

 

Article 146 – Formation of the budget of the State Audit Office

1. The submission of the budget for the following year of the State Audit Office shall be ensured by Parliament.

2. Before 1 May, the General Auditor shall submit to Parliament a budget statement for the following year on the budget estimates and the maximum number of employees.

3. The Financial and Budgetary Committee of Parliament shall consider the submitted budget statements for 3 weeks and take a decision, which it shall submit to Parliament for consideration. It shall be mandatory to distribute the draft budget of the State Audit Office when considering it at a parliamentary plenary session.

4. After consideration by Parliament, the budget of the State Audit Office shall be submitted to the Government of Georgia not later than 15 June, in order to be included in the draft State Budget.

5. When approving the maximum volume of expenses of the State Audit Office, it shall be taken into account that it may not be less than the volume approved in the previous budgetary year; moreover, the expenses of the State Audit Office compared to the expenses of the previous budgetary year may be reduced on the basis of the prior written consent of the Parliamentary Bureau.

 

Article 147 – Formation of the budget of the CEC

1. The submission of the budget of the CEC for the following year shall be ensured by Parliament.

2. Before 1 May, the CEC shall submit to Parliament a draft budget statement for the following year on the budget estimates and the maximum number of employees.

3. The Financial and Budgetary Committee of Parliament shall consider the submitted budget statements for 3 weeks and take a decision, which shall be submitted to Parliament for consideration.

4. After being considered by Parliament, the budget of the CEC shall be submitted to the Government of Georgia not later than 15 June, in order to be included in the draft State Budget.

 

Chapter XIII − Parliamentary Control

 

Article 148 – Questions of MPs

1. An MP shall be entitled to address with a question the Government of Georgia, other bodies accountable to Parliament, a member of the Government, government bodies of territorial units at any level, and state institutions. Giving timely and complete answers shall be obligatory.

2. A question shall be given in writing. The content of the question shall be related to an issue within the scope of authority of the addressee.

3. The question shall be submitted to the Staff of the Parliament, which shall record it and immediately publish it on the website of Parliament. The Staff of the Parliament shall deliver the question to the addressee not later than 1 day after its submission.

4. Each body or official who has been addressed with a question is obliged to submit to Parliament a complete written answer within 15 days after receiving the question. The time limit for responding to the question by a relevant person may be extended by 10 days, in agreement with the author of the question. The answer to the question shall be signed only by the head of the relevant institution or a relevant member of the Government of Georgia provided for by paragraph 1 of this article.

5. An official shall be entitled not to specify in the answer to a question any information containing a state secret.

6. An MP shall be entitled to withdraw a question at any time.

7. The answer to a question shall be transferred by the Staff of the Parliament to the author of the question and shall be published on the website of Parliament, except for confidential information. Where the time frame for answering the question expires, the fact of expiry of the time frame shall be specified in its publication.

 

Article 149 – Interpellation

1. A group composed of at least 7 MPs, and a faction, shall be entitled to ask a question to the Government of Georgia, other bodies accountable to Parliament, members of the Government (the ‘addressee’) through the procedure of interpellation.

2. The question shall be in writing. The content of the question shall be specific and shall be related to an issue within the scope of authority of the addressee.

3. The question shall be submitted to the Staff of the Parliament, which shall record and transfer it to the addressee within not later than 1 day.

4. The addressee is obliged to answer the question personally at a parliamentary plenary session, and to submit a written answer to the plenary session. The answer to the question shall be signed only by the head of relevant institution or a relevant member of the Government of Georgia provided for by this article.

5. As a rule, the addressee of a question asked through the procedure of interpellation shall appear before Parliament twice during each regular session, respectively, on the Friday of the last week of March and May in the spring plenary session, and of September and November in the autumn plenary session, and shall answer all questions transferred to him/her not later than 10 days before the said time.

6. The author of the question shall be entitled to withdraw the question at any time. In this case, the addressee shall not appear before Parliament.

7. If more than two questions are submitted through the procedure of interpellation, the Parliamentary Bureau shall proportionally reduce the time provided for in paragraphs 8-10 of this article so that the time allocated to all procedures provided for in this article corresponds to the total time for two questions referred to in the same article.

8. At a parliamentary plenary session, the author of the question shall be initially given 10 minutes, whereas, the addressee shall be given 20 minutes, which may be extended for not more than 10 minutes.

9. The author of the question shall be entitled to address the addressee with a clarifying question, for not more than 3 minutes. To clarify the answer, the addressee shall be given not more than 10 minutes.

10. After the completion of the procedure provided for by paragraph 9 of this article, debates shall be held in the following manner: each faction shall be given a number of minutes that are equal to the number of its members, but not less than 15 and not more than 75 minutes, and each non-faction member shall be given 3 minutes. Non – faction MPs nominated by one political party may devote each other's time designated for their speeches so that the duration of the speech / speeches of the respective MP/ MPs does not exceed a total of 15 minutes. First, speeches shall be delivered by non-faction MPs, followed by the representatives of the factions included in the parliamentary opposition, and finally the representatives of the factions included in the parliamentary majority. A faction shall determine the number of speakers during the time allocated for them and the scheme for distributing their time. A speech without the permission of the Chairperson of the plenary session shall not be allowed. The time allocated to speakers may not be increased. After debates, the addressee shall be given 20 minutes for the final speech.

11. After completion of the debates and the final speech of the addressee, a resolution may be adopted.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 150 – Annual report of the Prime Minister of Georgia

1. The Prime Minister of Georgia is obliged to submit to Parliament a report on the implementation of the governmental programme once a year, in the last month of the plenary sessions of the spring session. The said report shall be submitted to Parliament in writing before 1 June.

2. The exact time of presenting a report by the Prime Minister of Georgia shall be determined by the Parliamentary Bureau in agreement with the Prime Minister of Georgia.

3. After the end of the report of the Prime Minister of Georgia, the report shall be considered in accordance with the procedure for the consideration of a draft law by first hearing. After the consideration, a resolution may be adopted.

 

Article 151 – Report of the Prime Minister of Georgia

1. Parliament shall be entitled to request the Prime Minister of Georgia to submit a report on the implementation of a certain aspect of the governmental programme. Parliament shall take a decision on requesting the submission of the report on the basis of a request from a committee or a faction by a majority of votes of members attending a plenary session, but by not less than one third of the full composition of Parliament, which shall be registered in the form of a record of the session and shall be immediately sent to the addressee.

2. The Prime Minister of Georgia shall submit to Parliament the report provided for by paragraph 1 of this article in writing, within 2 weeks after receiving an appropriate request, and shall submit to Parliament the relevant report within not later than 3 weeks. The exact time for submitting to Parliament the report by the Prime Minister of Georgia shall be determined by the Parliamentary Bureau in agreement with the Prime Minister of Georgia.

3. The report referred to in this article shall be considered in accordance with the procedure for considering a draft law by first hearing. After the consideration, a resolution may be adopted.

 

Article 152 – Appearance of an official before a plenary session

1. Parliament, by a majority of votes of members attending a plenary session, but by not less than one third of the full composition of Parliament, shall summon to a plenary session a member of the Government, an official accountable to Parliament, or the head of a body accountable to Parliament, on the basis of a request from a committee or a faction. Said officials are obliged to appear before a plenary session, answer the questions put at the session in accordance with the provisions of this article, and submit a report on performed activities. A decision of Parliament shall be immediately sent to the addressee.

2. As a rule, a person referred to in paragraph 1 of this article shall appear before Parliament on the Friday of the last week of the plenary sessions of each month and shall report on the issues transferred to him/her not later than 10 days before the said time.

3. An official shall be given 30 minutes to deliver a speech regarding an issue determined by paragraph 1 of this article.

4. After the completion of the speech of the official, MPs shall have the right to ask questions for 30 minutes regarding the report, and to hear answers. The time allocated for the author of each question shall not exceed 2 minutes, which may be extended by 30 seconds, without the right to clarification. An MP shall be entitled to ask a question only once. After questions have been asked, the official shall answer each question asked by MPs separately.

5. After the completion of the speech delivered by the official and the process of putting questions and giving answers, political debates shall be held in accordance with the procedure established by Article 93(2) and (3) of the Rules of Procedure. After the debates, the official shall be given 15 minutes for the final speech.

6. After hearing the official, Parliament may adopt a resolution.

 

Article 153 – Ministerial Hour

1. The Ministerial Hour entails the reporting, once a year, by certain members of the Government (except for the Prime Minister of Georgia), before a plenary session of Parliament on respective components of the implementation of the government programme.

2. The schedule of reporting by certain members of the Government of Georgia before Parliament, in agreement with the members of the Government, and taking into account the initiatives of parliamentary committees, shall be determined by the Parliamentary Bureau before the beginning of the spring session. As appropriate, amendments may be introduced to the schedule. The schedule shall be made so that at least one Ministerial Hour is held in at least each two weeks of the plenary sessions (except for the week of hearing the annual report of the Prime Minister of Georgia).

3. The Ministerial Hour shall begin with the speech of a member of the Government of Georgia, who shall be given 45 minutes.

4. The report of the member of the Government of Georgia shall be considered by Parliament in accordance with the procedure for considering a draft law by first hearing as provided for by the Rules of Procedure.

 

Article 154 – Hearing of members of the Government of Georgia and other officials

1. A member of the Government of Georgia, an official accountable to Parliament, the head of a body accountable to Parliament, and the Public Defender of Georgia, shall be heard by Parliament upon request.

2. The officials referred to in paragraph 1 of this article are obliged to submit in writing to the Chairperson of Parliament the issues on which they intend to report to Parliament, not later than 3 days before reporting to Parliament. Through the Staff of the Parliament, the Chairperson of Parliament shall ensure that a written report of an official is immediately sent to faction and non-faction MPs.

3. The speech of an official provided for by this article may not last more than 20 minutes at a parliamentary plenary session. Where required, it may be extended by the Chairperson of the session by 10 minutes.

4. After the completion of the speech of an official, the speech of the official shall be considered in accordance with the procedure for considering a draft law by first hearing, as provided for by the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 155 – Thematic inquiry

1. For the purpose of studying a topical issue and preparing an appropriate draft decision, a thematic inquiry group may be appointed by a decision of a standing council of a committee or Parliament composed of MPs, who shall elect a chief speaker from among its members.

2. A committee member shall be entitled to submit to the committee an issue/issues of thematic inquiry prepared on the basis of an analysis of received applications, current events, public interest and other important factors. A decision on starting an inquiry on the said issue/issues shall be made by a majority of the members of the committee on the list.

3. In accordance with the procedure established by paragraph 2 of this article, depending on the topical issue/issues submitted by the Chairperson of the standing council of Parliament or a member of the council, the standing council shall take a decision on starting an inquiry and appointing a thematic inquiry group.

4. The issue of a thematic inquiry and information on MPs who have confirmed their participation in the inquiry shall be submitted to the Parliamentary Bureau at the nearest session. If it is found that different committees have expressed their desire to carry out the inquiry on one and the same issue, MPs participating in the inquiry may join cause by a decision of the Parliamentary Bureau.

5. A thematic inquiry group is obliged to ensure the placement of information on starting an inquiry on the website of Parliament not later than 5 days after starting the inquiry. The information shall contain the name and a brief description of the issue, information on the MP/MPs working on the issue, as well as the procedures and deadlines for submitting opinions and appropriate documentation by interested persons.

6. A thematic inquiry group working on an issue shall develop a plan and a schedule for carrying out the inquiry on the issue, determine specialists participating in the inquiry, manage the inquiry of the issue, and shall be responsible for processing the issue and preparing a draft decision, and for examining information delivered by interested persons, for which purpose they shall be entitled to request and receive information and relevant explanations from administrative bodies, which are necessary for the proper examination of the issue. Documents obtained during the examination shall be published on the website of Parliament.

7. During the inquiry on the issue, it shall be mandatory to hold a hearing of the issue, where interested persons, specialists and experts in the relevant field, and representatives of an administrative body directly related to the issue, shall be invited. Information on holding a hearing of the issue shall be published on the website of Parliament 1 week prior to the hearing.

8. A thematic inquiry group shall prepare an opinion within three months after starting an inquiry, which shall be submitted to the Parliamentary Bureau or a committee. This time frame, where required, may be extended by 1 month, but not more than three times. The said opinion shall be submitted to the parliamentary bureau if a thematic inquiry group is composed of members of different committees, or a decision on the inquiry on the issue is taken by a standing council of Parliament. The ParliamentaryBbureau shall be authorised to put the issue on the agenda of a plenary session of Parliament. On the basis of the opinion, a relevant committee or Parliament shall develop recommendations or exercise other powers provided for by the Rules of Procedure. Recommendations and/or assignments developed by the committee or Parliament shall be sent to relevant administrative bodies and shall be published on the website of Parliament.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 156 – Parliamentary control of the defence and security sector of Georgia

Parliament shall exercise control through the Defense and Security Committee of Parliament, a trust group, and other sectoral specialisation committees, over the activities of the state sub-agency the Special Penitentiary Service, the State Security Service of Georgia, the Georgian Intelligence Service, the Special State Protection Service, and the LEPL Operative-Technical Agency of Georgia operating under the system of the Ministry of Defence of Georgia, the Ministry of Internal Affairs of Georgia, and the Ministry of Justice of Georgia, (‘the agencies operating within the defense and security sector of Georgia’).

Rules of Procedure of the Parliament of Georgia No 4619 of 29 May 2019 – website, 31.5.2019

 

Article 157 – Composition of a trust group

1. For the purpose of exercising parliamentary control over agencies in the defence and security sector of Georgia, a trust group shall be set up in the Defence and Security Parliamentary Committee in accordance with the procedure established by this article.

2. The trust group shall be composed of five members, one of which shall be the Chairperson of Defence and Security Parliamentary Committee, two of which shall be members of the faction (s) included in the parliamentary majority, and two of which shall be members of factions included in the parliamentary opposition.

3. Factions shall present to Parliament persons nominated for membership of the trust group. In the case of the nomination of more than two members for the trust group by factions in the parliamentary opposition, the members of the two factions which have more members than the other factions shall be nominated to the parliamentary plenary session. In the case of an equal number of members of factions, the member of the faction whose party received most votes in the parliamentary elections shall be nominated to the parliamentary plenary session.

31. (Deleted – 1.7.2020, No 6700).

4. (Deleted – 1.7.2020, No 6700).

5. To obtain access to a state secret, before presenting to Parliament, a person nominated for membership of the trust group shall be examined in accordance with the procedure established by the Law of Georgia on State Secrets.

6. The Parliament shall make a note of the composition of the trust group, which shall be documented in the form of a record of the session.

7. The trust group shall be chaired and represented by the Chairperson of Defence and Security Committee of the Parliament.

8. The authority of a member of the trust group nominated by a faction shall be terminated in the case of the nomination of a new candidate by the faction. The authority of the member of the trust group shall be terminated from the moment of the receipt of such notification by Parliament.

Rules of Procedure of the Parliament of Georgia No 4619 of 29 May 2019 – website, 31.5.2019

 

Article 158 – Work procedure of the trust group

1. At a session of the trust group, decisions shall be made by a majority of votes of its members. Sessions of the trust group shall be closed.

2. Sessions of the trust group shall be held as necessary. A session of the trust group shall be convened and chaired by the Chairperson of the trust group. A session of the trust group may be convened by a proposal of any member of the trust group if supported by a majority of the members of the trust group.

3. By a decision of the trust group, when convening a session, other MPs, as well as persons invited from agencies operating in the defence and security sector of Georgia, may attend the session of the trust group.

 

Article 159 – Controlling powers of Parliament in the field of defence and security

1. A trust group shall supervise secret activities and special programmes in the field of the defence and security of Georgia in accordance with the procedure established by the legislation of Georgia, except for aspects related to secret forms and methods of activity.

2. Relevant agencies are obliged, upon a request from the trust group, to submit in a timely manner all information necessary for the trust group to exercise its powers, except for the cases provided for by the legislation of Georgia. The LEPL Operative-Technical Agency shall deliver information to the trust group in accordance with the procedure established by paragraph 9 of this article.

3. Given the interests of national/public safety and the protection of state interests, appropriate agencies shall be entitled to refuse to deliver information related to current cases and measures. Moreover, it shall be restricted for relevant agencies to deliver information (including normative acts) related to secret forms and methods of activity. Within the scope of cooperation determined by international agreements, information shall be delivered to the trust group in accordance with the procedure established by the legislation of Georgia.

4. Where the delivery of information is refused, the relevant agencies are obliged to deliver a substantiated refusal to the trust group in a written form.

5. Relevant agencies shall deliver detailed information on secret state procurement to the trust group if the estimated cost of goods or services exceeds GEL 2 000 000 (two million), and the estimated cost of construction works to be procured exceeds GEL 4 000 000 (four million); moreover, and no less than once a year, they shall deliver information on performed and current secret state procurement.

6. Relevant agencies shall deliver detailed information on non-secret state procurement to the Legal Issues Committee and the Defence and Security Committee of Parliament if the estimated cost of goods or services exceeds GEL 2 000 000 (two million ), and the estimated cost of construction works to be procured exceeds GEL 4 000 000 (four million); moreover, and no less than once a year, they shall deliver information on performed and current non-secret state procurement.

7. The Prime Minister of Georgia, the Government of Georgia, and relevant agencies, are obliged to introduce to the trust group secret normative acts containing the main goals of the structure of an agency and the structural units of an agency, within two weeks after the entry of the act into the secret section of the State Registry of Normative Acts, except for the cases provided for by the legislation of Georgia. Once introduced to the trust group, the normative act shall immediately be returned to the relevant agency.

8. The Prime Minister of Georgia, the Government of Georgia, and relevant agencies, are obliged to submit to the Defence and Security Committee of the Parliament documents reflecting policy, priorities, and strategies in the defence and security field of Georgia, within two weeks after their receipt.

9. Once a year, not later than 15 April, relevant agencies shall submit to the trust group a report on secret activities performed and special programmes implemented in the previous year, and the LEPL Operative-Technical Agency shall submit a statistical and generalised report on activities performed.

10. The chairpersons of relevant agencies, or if agreed with the trust group, persons authorised thereby, shall be entitled, and upon request of the trust group, are obliged, to attend sessions of the trust group, answer questions, and submit appropriate materials and reports on performed activities.

11. With the consent of the Chairperson of the trust group, a member/members of the trust group shall be authorised to visit relevant agencies regarding issues falling within the scope of authority of the trust group. During a visit, a member/members of the trust group shall be entitled to interview employees of the agency and become familiar with information related to issues falling within the scope of authority of the trust group. In this regard, a decision of the Chairperson of the trust group shall be sent to the relevant agency prior to the visit.

12. The trust group shall be entitled to make a decision on the inspection of the LEPL Operative-Technical Agency and inspect it not more than twice a year. For the purpose of examining the activity of the said agency, the trust group shall select a member/members of the trust group in accordance with the procedure established by the Rules of Procedure.

13. The trust group is obliged to apply to the investigation authority and to attach available materials to the application, if elements of an offence are detected during the exercise of its powers.

14. If, on the basis of secret information delivered during the exercise of its powers, the trust group considers that a relevant agency or its manager has violated the legislation of Georgia, or if the information has been unlawfully or groundlessly classified as secret, it shall apply to the State Security Service of Georgia in writing for the issue of a reasoned instruction provided for by Article 12(1) of the Law of Georgia on State Secrets. If the State Security Service of Georgia considers that the granting of security classification does contravene principles of lawfulness and substantiation, the trust group shall apply to the Prime Minister of Georgia in accordance with Article 17(6) of the Law of Georgia on State Secrets, with a proposal to remove the security classification from the information in question, which shall have attached the relevant opinion of the State Security Service of Georgia.

15. The trust group shall be entitled to submit recommendations to agencies operating in the defence and security sector of Georgia.

16. An issue to be considered by Parliament that falls within the scope of authority of the trust group shall require an opinion from the trust group.

 

Article 160 – Vote of confidence in the Government of Georgia

1. Within 2 weeks after the Government of Georgia relinquishes its authority, or after the resignation of the Prime Minister or the termination of his/her authority otherwise, Parliament shall hold a vote of confidence in the Government of Georgia, proposed by a candidate for the office of Prime Minister as nominated by the political party that secured the best results in the parliamentary elections. A Government programme shall be presented to Parliament together with the composition of the Government of Georgia.

2. The composition of Government of Georgia and a Government programme presented by a candidate for the office of Prime Minister shall be submitted not later than 9 days after the Government of Georgia relinquishes its authority or the Prime Minister resigns or his/her authority is otherwise terminated.

3. Parliamentary committees and factions shall consider a Government programme according to sectoral specialisation, and the issue of holding a vote of confidence in the Government of Georgia, and shall submit appropriate opinions to the Parliamentary Bureau. Only two hearings may be held per day to consider the issues provided for by this paragraph. An opinion of a parliamentary committee shall be adopted by a secret ballot, by a majority of votes of the attending members of the committee.

4. On the basis of the opinions of parliamentary committees and factions, the Parliamentary Bureau shall put the issue of holding a vote of confidence in the composition of the Government of Georgia and a government programme on the agenda of a parliamentary plenary session.

5. At a plenary session, Parliament shall consider and put to the vote the issue of holding a vote of confidence in the composition of the Government of Georgia by first hearing, in accordance with the procedure established by the Rules of Procedure.

6. A vote of confidence from Parliament shall be achieved by a majority of the full composition of Parliament.

7. If the Government of Georgia does not receive a vote of confidence within the time frame determined by Article 56(2) of the Constitution of Georgia, within 2 weeks after the expiry of the said time frame, Parliament, by a majority of its full composition, shall hold a vote of confidence in the Government of Georgia presented by a candidate for the office of Prime Minister as nominated by more than one third of the full composition of Parliament. If there are two or more candidates for the office of Prime Minister, Parliament shall consider the candidate for Prime Minister as nominated by most MPs, and in the case of an equal number of nominators, the candidate who was nominated earlier.

8. If the presentation of the composition of the Government of Georgia coincides with the parliamentary holidays or a week when parliamentary sessions are not held, an extraordinary session or an extraordinary sitting shall be convened in accordance with the procedure established by the Rules of Procedure.

 

Article 161 – Vote of no confidence in the Government of Georgia

1. Parliament shall be entitled to hold a vote of no confidence in the Government of Georgia. More than one third of the full composition of Parliament may hold a vote of no confidence.

2. Together with the motion of no confidence, a candidate nominated by initiators for the office of Prime Minister, a new composition of Government of Georgia, and a Government programme, shall be presented to Parliament.

3. If Parliament passes a vote of no confidence in a new Government of Georgia by a majority of its full composition not earlier than 7 days and not later than 14 days after the call for a vote of no confidence, the vote of no confidence shall be deemed passed.

4. Rules established by Article 160(3) to (5) of the Rules of Procedure shall apply to the procedure for holding a vote of no confidence in the Government of Georgia.

5. If Parliament does not pass a vote of no confidence in the Government of Georgia, it shall be inadmissible for the same MPs to propose a vote of no confidence within the next six months.

 

Article 162 – Vote of confidence in the Government of Georgia on the initiative of the Prime Minister of Georgia

1. The Prime Minister shall have the right to present the issue of confidence in the Government of Georgia before Parliament.

2. The issue of confidence shall be put to the vote not earlier than 7 days and not later than 14 days after its being presented.

3. Procedures established by Article 160(3) to (5) of the Rules of Procedure shall apply to the procedure for holding a vote of confidence on the initiative of the Prime Minister of Georgia.

4. If Parliament fails to pass a vote of confidence in the Government of Georgia within the time frame determined by Article 58(2) of the Constitution of Georgia, Parliament shall be entitled to hold a vote of confidence in the Government of Georgia presented by a candidate for the office of Prime Minister as nominated by more than one third of the full composition of Parliament, by a majority of its full composition, within 7 days after the expiry of this time frame. A Government programme shall be presented to Parliament together with the composition of the Government of Georgia.

5. Procedures established by Article 160(3) to (5) of the Rules of Procedure shall apply to the procedure for holding a vote of confidence in the Government of Georgia as referred to in paragraph 4 of this article.

 

Article 163 – Supervision of the status of the protection of human rights and freedoms in the country

1. Once a year, in March of the calendar year, the Public Defender of Georgia shall submit to Parliament a report on the status of the protection of human rights and freedoms in the country. Moreover, also once a year, at a spring session, he/she shall submit a report regarding an annual report, based on the review of which Parliament shall adopt an ordinance or a resolution. The resolution of Parliament shall contain the evaluation of the report of the Public Defender of Georgia on the status of the protection of human rights and freedoms in the country, as well as the assignments of Parliament and deadlines for monitoring their implementation.

2. A relevant parliamentary committee shall submit information on the enforcement of the resolution referred to in paragraph 1 of this article to the Parliamentary Bureau. By a decision of the Parliamentary Bureau, such information shall be submitted to a parliamentary plenary session which shall be entitled to take an appropriate decision.

 

Article 164 – Controlling the management of public funds by Parliament

Parliament shall control the management of public funds through the State Audit Office.

 

Article 165 – Reports and statements of the State Audit Office and the procedure for their consideration

1. The Parliament of Georgia shall control the activity of the State Audit Office in accordance with the procedures determined by the Constitution of Georgia and other legislative and subordinate normative acts.

2. When submitting a preliminary report and a complete report on the execution of the State Budget, the State Audit Office shall submit a statement on the report of the Government of Georgia twice a year.

3. Once a year, not later than 1 June of the next reporting year, the State Audit Office shall submit to Parliament a report on its activities. The results of the financial audit of the State Audit Office shall be attached to the report in the form of an annex. The report shall be published on the website of Parliament.

4. After considering the report referred to in paragraph 3 of this article, Parliament shall adopt an appropriate resolution. The resolution of Parliament may reflect recommendations developed by the audit group of the Financial and Budgetary Committee and adopted by the committee, indicating the period of their performance. At a plenary session, this issue shall be reported by the Financial and Budgetary Committee.

5. The Financial and Budgetary Committee of shall supervise the enforcement of the resolution referred to in paragraph 4 of this article, and as needed, shall deliver information on enforcement to the Parliamentary Bureau, through an audit group. By a decision of the Parliamentary Bureau, this information may be delivered to a parliamentary plenary session and become the subject of consideration.

6. For the purpose of performing the functions provided for by Article 164 of this Rules of Procedure, the Financial and Budgetary Parliamentary Committee shall create a standing audit group from members of the committee operating on the committee to consider the reports of the State Audit Office. The number and composition of the audit group shall be determined by a decision of the Financial and Budgetary Committee. In addition, the Financial and Budgetary Committee shall coordinate the consideration of reports of the State Audit Office by parliamentary committees.

7. An audit group shall be accountable to the Financial and Budgetary Committee. The statute of the audit group shall be approved by a decision of the said committee.

8. The main activity of the audit group referred to in paragraph 6 of this article shall be the consideration of reports provided for by Article 24 of the Organic Law of Georgia on State Audit Office and the submission of appropriate recommendations to the Financial and Budgetary Committee.

9. The State Audit Office shall immediately submit reports as provided for by paragraph 8 of this article to Parliament. In addition, twice a year, before 10 September and before 10 February of the following year, the State Audit Office shall also submit written information on reports that are specially important from the said reports.

10. The audit group is obliged to submit to the Financial and Budgetary Committee a report on its activities, at least, once during the next parliamentary session.

11. Sessions of the audit group shall be open. The audit group is obliged to convene a sessio, at least once a month during the following parliamentary session.

12. The audit group shall develop a draft decision of the Financial and Budgetary Committee in line with appropriate recommendations, and submit them to the said committee.

13. When drawing up a plan of its activities, the State Audit Office shall take into account the proposals of parliamentary committees, temporary investigation commissions, and temporary commissions.

14. The state Audit Office shall be authorised, and upon request is obliged, to transfer audit materials to a relevant parliamentary committee and a temporary investigation commission.

15. On the basis of an application from Parliament or from a temporary investigation commission, the State Audit Office shall conduct an extraordinary audit and inspection.

16. The State Audit Office shall conduct financial audits in accordance with Article 2(f.a), (f.c) and (f.d) of the Organic Law of Georgia on the State Audit Office and international standards, and an audit firm shall be selected in accordance with the rules established by Article 166(9) to (12) of the Rules of Procedure.

 

Article 166 – Supervision of the activities of the National Bank of Georgia

1. Parliament shall control the activities of the National Bank of Georgia and high officials of the National Bank of Georgia in accordance with the rules established by the Constitution of Georgia, and other legislative and subordinate normative acts.

2. Each year, not later than 4 months after the end of the financial year, the National Bank of Georgia shall submit to Parliament a report on its activities and a report on the implementation of its financial, credit, currency and supervisory policies as provided for by Articles 60 and 61 of the Organic Law of Georgia on the National Bank of Georgia. The reports shall be considered and approved by Parliament.

3. Where a report of the National Bank of Georgia is not approved, Parliament shall take a decision on the evaluation of the activities of the National Bank of Georgia.

4. Before the start of the new financial year, not later than 1 October, the National Bank of Georgia shall submit to Parliament a draft of the main directions of monetary policy for the next three years.

5. As a rule, the draft of the main directions of monetary policy shall be considered and appropriate opinions shall be prepared by the Financial and Budgetary Committee and/or economic committees. The committees shall be entitled to request and receive necessary information from the National Bank of Georgia, the ministries of Georgia, other agencies, and other institutions of executive authority, where necessary.

6. Parliament shall consider the draft of the main directions of monetary policy by first hearing in accordance with the procedure established by the Rules of Procedure for considering a draft law.

7. Parliament shall approve the main directions of monetary policy by a resolution before the end of the current year.

8. As appropriate, Parliament shall be entitled to request from the National Bank of Georgia information on the enforcement of the resolution of Parliament on the main directions of monetary policy, during a financial year. The National Bank of Georgia is obliged to submit information to a parliamentary plenary session within the determined time frame.

9. To conduct external audits of reports of the National Bank of Georgia, the Financial and Budgetary Committee shall submit to Parliament a list of the four largest audit firms in the world after internal auditing is completed, not later than 1 September, and Parliament shall select from the list an external audit firm on the basis of a tender or a competition, not later than 1 November. The contract with the audit firm shall be signed for not less than 2 and not more than 4 years. The expenses of the external audits of the reports of the National Bank of Georgia shall be covered by the National Bank of Georgia.

10. For an external audit firm to be selected by Parliament, the Chairperson of the Parliament shall put the issue, based on an appropriate recommendation of the Financial and Budgetary Committee, on the agenda of the nearest session of the Parliamentary Bureau. To ensure that the selection form (tender/competition) of the audit firm, the composition of the tender/competition commission, and the time frames for conducting the tender/competition, are determined, the issue shall be transferred by the Parliamentary Bureau to the Financial and Budgetary Committee for consideration. The Financial and Budgetary Committee shall consider the issue within two weeks.

11. If the Financial and Budgetary Committee considers it reasonable that Parliament shall select an audit firm on the basis of a tender, it shall submit its decision in line with an appropriate draft resolution to the Parliamentary Bureau. The Parliamentary Bureau shall put the said issue on the agenda of the nearest parliamentary plenary session. The Parliament shall approve the composition of the tender commission by a resolution. The tender conditions, requirements, rules and the statute of the tender commission shall be approved by the Parliamentary Bureau on the recommendation of the Financial and Budgetary Committee.

12. If the Financial and Budgetary Committee considers it reasonable that Parliament should select an audit firm on the basis of a competition, it shall submit its decision in line with an appropriate draft resolution to the Parliamentary Bureau. The draft resolution shall determine the composition of the commission (not more than 9 members), issues of developing and approving the statute of the competition commission, measures implemented in the name of Parliament, and the time frame for submitting to Parliament the audit firm selected through the competition.

 

Article 167 – Supervision of the activities of the Pension Agency

1. Each year, not later than 1 October, the Pension Agency shall submit to Parliament a review of activities performed during the 6 months of the current year, and not later than 1 June, an annual report on activities performed. The said review/report shall be considered by Parliament in accordance with the procedures established by Article 176(2) to (5) and (9) of the Rules of Procedure. After considering the review/report referred to in this article, Parliament shall adopt an appropriate resolution. The resolution of Parliament may specify recommendations and proposals related to the eradication of certain deficiencies and/or the improvement of the activities of the Pension Agency.

2. Parliament shall be entitled to request from the Pension Agency that it deliver information on the implementation of the resolution of Parliament during a financial year, as required. The Pension Agency is obliged to submit information to a parliamentary plenary session within the determined time frame.

3. To conduct external audits of the reports of the Pension Agency, the Financial and Budgetary Committee of Parliament shall submit to Parliament a list of the four largest audit firms in the world after internal auditing is completed by not later than 1 October, and Parliament shall select from the list an external audit firm on the basis of a tender or competition by not later than 1 December. The contract with the audit firm shall be signed for at least 3 years. The expenses of the external audits of the reports of the Pension Agency shall be covered by the Pension Agency.

4. Parliament shall select an audit firm in accordance with Article 166(10) to (12) of the Rules of Procedure.

 

Article 168 – Audit of the execution of the budget of the National Communications Commission of Georgia and the budget of the Georgian National Energy and Water Supply Regulatory Commission

Parliament shall be entitled to decide that audits of the execution of the budget of the National Communications Commission of Georgia and the budget of the Georgian National Energy and Water Supply Regulatory Commission are conducted not more than once a year. In such case, Parliament shall select an internationally recognised auditor on the basis of a tender. The composition of the tender commission shall be approved by Parliament by a resolution, on the recommendation of the Sector Economy and Economic Policy Committee of the Parliament.

 

Article 169 – Annual report of the State Inspector’s Service

1. Once a year, not later than 31 March, the State Inspector shall submit to Parliament a report on the status of personal data protection in Georgia, the performance of secret investigative actions, and the control of activities performed in the central bank of identification data of electronic communication, as well as on the status of criminal investigations related to the State Inspector’s Service, and on activities performed by the State Inspector’s Service in the said fields. The report of the State Inspector’s Service shall be considered by Parliament in accordance with the procedure established by Article 176(2) to (5) and (9) of the Rules of Procedure.

2. Moreover, once a year, the State Inspector’s Service shall submit to Parliament a report on the results of control of investigative actions as provided for by Articles 136 to 138, and secret investigative actions as provided for by Article 1431 (a) and (b) of the Criminal Procedure Code of Georgia. The Parliamentary Bureau shall transfer the said report to a relevant parliamentary committee and a trust group.

 

Article 1691 – Annual report of the Chief Labour Inspector

Once a year, not later than 6 months after the end of the calendar year, the chief labour inspector shall submit a report to Parliament on the activities of the Labour Inspection Service. The annual report of the Chief Labour Inspector shall be considered by Parliament in accordance with the procedure established by Article 176 (2)(5) and (9) of the Rules of Procedure.

Rules of Procedure of the Parliament of Georgia No 7187 of 29 September 2020 – website, 5.10.2020

 

Article 170 – Report on activities of the Legal Aid Service

1. Each year, not later than 1 March, the Director of the LEPL Legal Aid Service (‘the Legal Aid Service’) shall submit to Parliament a report on the activities of the Legal Aid Service performed during the previous year.

2. It shall be mandatory to consider the report on the activities of the Legal Aid Service at a parliamentary plenary session. The said report shall be considered by Parliament in accordance with the procedure established by Article 176(2) to (5) and (9) of the Rules of Procedure. After hearing the report on the activities of the Legal Aid Service, Parliament shall approve the report by a resolution or request the Legal Aid Service to eradicate certain deficiencies and/or improve its activities.

 

Article 171 – Public report of the State Security Service of Georgia

1. The Head of the State Security Service of Georgia or his/her deputy shall, once a year, not later than 15 April, submit to the Parliament a public report on the activities performed the previous year by the Service. The said report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (9) of the Rules of Procedure.

2. After the consideration of the report on the activities performed by the Service, the Parliament shall assess the activities of the Service by a decree. Recommendations and proposals related to the remedying of certain shortcomings and/or the improvement of the activities of the State Security Service of Georgia may be included in the decree of the Parliament.

3. The implementation of the decree referred to in paragraph 2 of this article shall be overseen by the Defence and Security Committee of the Parliament.

4. The Head of the State Security Service of Georgia shall have the right, and when required, shall be obliged, to attend the Parliament, committee, or commission sittings, answer the questions raised at the sittings, and present a report on the activities performed. Upon request, the Head of the State Security Service of Georgia is obliged to submit a report on the activities performed, within two weeks after the request.

 

Article 172 – Report on the activities of the Prosecutor's Office of Georgia

1. The General Prosecutor of Georgia shall, once a year, not later than 15 May, submit to the Parliament a report on the activities performed the previous year by the Prosecutor’s Office of Georgia regarding the implementation of criminal law policies, the assessment of the general crime situation in the country, including statistical data on offences with an indication of their categories and trends, the protection of human rights and freedoms during proceedings, the prioritised areas of the activities of the Prosecutor’s Office, and professional training and development programmes for prosecutors. The report shall not include issues related to a specific investigation, and/or a court hearing, and/or the circumstances of a case. The said report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (9) of the Rules of Procedure.

2. After the consideration of the report on the activities performed by the Prosecutor’s Office of Georgia, the Parliament shall assess the activities thereof by a decree. Recommendations and proposals related to the remedying of identified shortcomings and/or the improvement of the activities of the Prosecutor’s Office may be included in the decree of the Parliament.

3. The implementation of a decree referred to in paragraph 2 of this article shall be overseen by the Legal Issues Committee of the Parliament.

4. The General Prosecutor of Georgia, his/her first deputy, or deputy, shall have the right, and when required, shall be obliged, to attend the Parliament, committee, or commission sittings, answer the questions raised at the sittings, and present a report on the activities performed. Such request shall include detailed information on an issue/issues to be considered. The General Prosecutor of Georgia, his/her first deputy, or deputy, shall have the right not to speak about issues that they were not aware of in advance. Moreover, the General Prosecutor, his/her first deputy, or deputy, may not be asked questions on issues related to a specific criminal investigation, and/or a court hearing, and/or the circumstances of a case.

5. Upon request, the General Prosecutor of Georgia, his/her first deputy, or deputy, shall submit a report on the activities performed, within two weeks after the request.

 

Article 173 – Supervision over the implementation of the recommendations of the United Nations Universal Periodic Review

1. The Government of Georgia shall submit to the Parliament draft recommendations about Georgia, presented to Georgia within the framework of the Universal Periodic Review by a working group of the Universal Periodic Review of the United Nations Human Rights Council, within one week of its official submission to the Government of Georgia.

2. The Government of Georgia shall submit to the Parliament the final version of the recommendations about Georgia, presented to Georgia within the framework of the Universal Periodic Review by a working group of the Universal Periodic Review of the United Nations Human Rights Council, not later than one week of its official submission to the Government of Georgia.

3. The Government of Georgia shall submit to the Parliament an interim report (if any) on the implementation of the recommendations adopted within the framework of the Universal Periodic Review of the United Nations, not later than two months before submitting it to the United Nations Human Rights Council.

4. The Government of Georgia shall submit to the Parliament a draft final report on the situation in terms of the protection of human rights in Georgia within the framework of the Universal Periodic Review of the United Nations, not later than two months before submitting it to the United Nations Human Rights Council.

5. The documents referred to in paragraphs 1-4 of this article shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

6. The documents referred to in this article shall be considered at the plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

7. In the case of the consideration of the documents referred to in paragraphs 1-4 of this article at a plenary sitting, the Parliament shall adopt a decree.

 

Article 174 – Reports of the supervisory bodies of the United Nations in respect of Georgia

1. The Government of Georgia shall, within the time limit set by the relevant committee of the United Nations, submit a draft report to the Parliament not later than two months before the submission of a report on the implementation of the founding treaty of the same committee.

2. The relevant committee of the Parliament shall, upon request, hear the information provided by the Government of Georgia on the implementation of the recommendations set forth in the relevant reports of Georgia by the United Nations supervisory bodies.

3. The Government of Georgia shall submit to the Parliament annually, not later than 1 April of the respective year, a report on the progress of the implementation of the decisions adopted by the relevant committee of the United Nations on individual complaints against Georgia.

4. The documents referred to in this article shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

5. The documents referred to in this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

6. In the case of the consideration of the documents referred to in paragraphs 1-3 of this article at a plenary sitting, the Parliament shall adopt a decree.

 

Article 175 – Supervision over the execution of the decisions of the European Court of Human Rights

1. The Government of Georgia shall submit to the Parliament once a year, not later than 1 April:

a) a report on the execution of judgements/decisions of the European Court of Human Rights in cases where a final resolution of the Committee of Ministers of the Council of Europe has been adopted in the previous year (if any);

b) an action plan for the execution of judgements/decisions of the European Court of Human Rights in relation to ongoing cases, as well as decisions and interim resolutions (if any) of the Committee of Ministers of the Council of Europe on such cases.

2. The documents referred to in paragraph 1 of this article shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

3. In order to prepare the issues covered by this article for discussion by a committee, the leading committee shall be informed of the opinions and assessments of interested person(s) about the state of execution of judgements/decisions of the European Court of Human Rights.

4. The documents referred to in this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

5. In the case of the consideration of the documents referred to in paragraph 1 of this article at a plenary sitting, the Parliament shall adopt a decree.

 

Article 1751 – Report on planning and implementation of employment policy

1. Once a year, not later than 1 April, the Government of Georgia shall submit to the Parliament a report on the planning and implementation of employment policy (a report of the previous year and a plan for the following year). The report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

2. The report referred to in paragraph 1 of this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

3. In the case of the consideration of the report referred to in paragraph 1 of this article at a plenary sitting, the Parliament shall adopt a decree.

Rules of Procedure of the Parliament of Georgia No 6822 of 14 July 2020 – website, 21.7.2020

 

Article 1752 – Supervision over the exercise of fundamental rights and freedoms by persons with disabilities

1. Once a year, not later than 1 April, the Government of Georgia shall submit a report to the Parliament on the exercise of fundamental rights and freedoms by persons with disabilities, including on the implementation of measures to ensure social rights. The report shall be considered by the Parliament as provided for by Article 176(2)-(5) and (8)-(10) of the Rules of Procedure.

2. The report referred to in paragraph 1 of this article shall be considered at a plenary sitting of the Parliament upon the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

3. In the case of the consideration of the report referred to in paragraph 1 of this article at a plenary sitting, the Parliament shall adopt a decree.

Rules of Procedure of the Parliament of Georgia No 7083 of 3 September 2020 – website, 4.9.2020

 

Article 176 – Consideration of reports submitted to the Parliament

1. A report submitted to the Parliament, except for the cases provided for by these Rules of Procedure, shall be considered by the Parliament in accordance with the procedure established by this article.

2. The Organisational Department of the Office of the Parliament shall submit a report to the next sitting of the Bureau of the Parliament.

3. At the next sitting, the Bureau of the Parliament shall decide on the initiation of the procedure for considering the report, and determine the leading committee and the time limit for the consideration of the report by the Parliament. The report shall then be submitted to the leading committee, other committees, and factions, for consideration.

4. The committees and factions of the Parliament shall submit their comments on the report to the leading committee within the time limit set by the Bureau of the Parliament.

5. The leading committee shall consider the report, prepare an opinion, and submit it to the Bureau of the Parliament within the time limit set by the Bureau of the Parliament.

6. The consideration of the report at a plenary sitting of the Parliament shall be mandatory if the relevant law provides for the participation of the Parliament in the composition of a body submitting the report.

7. If the relevant law does not provide for the participation of the Parliament in the composition of a body submitting the report, the submitted report shall be considered at a plenary sitting of the Parliament at the request of the leading committee or the Bureau of the Parliament (by a majority of the members present at the sitting of the Bureau).

8. The issue of the mandatory consideration of the report at a plenary sitting of the Parliament shall be mentioned in the opinion of the leading committee.

9. The report shall be considered at a plenary sitting of the Parliament in accordance with the procedure established for the first reading of a draft law.

10. The report shall be presented at a plenary sitting of the Parliament usually by a speaker appointed by the leading committee.

11. After the consideration of the report, the Parliament shall take note of the report or be authorised to adopt a decree.

12. In the cases provided for by law and the Rules of Procedure, the report, review or information of a relevant state body/official shall be considered in accordance with the procedure established by this article.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 177 – Procedure for the consideration of reports on public information

1. Before the end of the spring session, the Human Rights and Civil Integration Committee of the Parliament shall prepare and submit to the Bureau of the Parliament a unified opinion on the reports submitted to the Parliament by public institutions in accordance with Article 49 of the General Administrative Code of Georgia. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. The Parliament shall consider the issue as provided for by the Rules of Procedure for the first reading of a draft law, and shall adopt a decree on the evaluation of reports on public information, and on the relevant recommendations.

2. The Human Rights and Civil Integration Committee of the Parliament shall be authorised to refer reports submitted to the Parliament by public institutions to the relevant committees of the Parliament according to their sectoral specialisation, for the preparation of a respective opinion. The committees of the Parliament shall be authorised to prepare opinions on those reports.

3. The Human Rights and Civil Integration Committee of the Parliament shall publish information on commencing the consideration of reports referred to in paragraph 1 of this article on the website of the Parliament. The Human Rights and Civil Integration Committee of the Parliament shall examine the statements by citizens and organisations that have been passed to the Parliament concerning the reports and the information included in them.

 

Article 178 – Raising the issue of removal from office through impeachment

1. At least one third of the total number of the Members of the Parliament shall have the right to raise the issue of the removal from office through impeachment of the President of Georgia, a judge of the Supreme Court of Georgia, a Government member, the General Prosecutor, the General Auditor, or a member of the Board of the National Bank of Georgia.

2. A written request on raising the issue of removal from office through impeachment shall include:

a) the description of an action which, in the opinion of the initiators of the issue, constitutes a ground for impeachment;

b) the provisions of the Constitution of Georgia which, in the opinion of the initiators of the issue, have been violated by an official, and/or an article/articles of the Criminal Code of Georgia, when the crime provided for therein has been committed by an official;

c) evidence which, in the opinion of the initiators of the issue, confirms the merits of a constitutional submission.

3. After drawing up a constitutional submission for raising the issue of the removal of an official from office through impeachment, within 3 days after filing the relevant submission to the Procedural Issues and Rules Committee of the Parliament, the said Committee shall verify the authenticity of the signatures and draw up a relevant opinion.

4. The initiators of the issue of the removal of an official from office through impeachment shall submit a constitutional submission for an opinion to the Constitutional Court of Georgia within 7 days after raising such issue.

5. The Parliament may not consider charges against the President of Georgia, or take a decision, during a state of emergency or war. In such case, the Parliament shall start/continue the consideration of the charges filed against the President of Georgia at the first sitting of the next (regular or extraordinary) session after the lifting of the state of emergency or martial law.

6. If an official, the issue of whose removal from office through impeachment was raised, has resigned or has been removed from office, the impeachment procedure against him/her shall be terminated.

 

Article 179 – Considering the issue of removal from office through impeachment

1. After the Parliament has received an opinion of the Constitutional Court of Georgia on the actions of an official as referred to in Article 178(1) of the Rules of Procedure, the said fact shall be immediately, but not later than 3 hours, communicated to the Chairperson of the Parliament, the initiators of the issue of the removal of the official from office through impeachment, the factions, and non-faction MPs.

2. If the Constitutional Court of Georgia confirms the violation of the Constitution of Georgia by an official as referred to in Article 178(1) of the Rules of Procedure, or the presence of the elements of a crime in his/her actions, and a regular or extraordinary session of the Parliament is being held when receiving the opinion of the said Court, the Parliament shall adopt a decree on the consideration of the opinion and on the voting schedule, within not later than 5 calendar days after receiving the opinion.

3. If the Constitutional Court of Georgia confirms the violation of the Constitution of Georgia by an official, or the presence of the elements of a crime in his/her actions, and a regular or extraordinary session of the Parliament is not being held when receiving the opinion of the said Court, the Chairperson of the Parliament shall submit to the President of Georgia a request to convene an extraordinary session, within not later than 24 hours after receiving the opinion.

4. If the Constitutional Court of Georgia confirms the violation of the Constitution of Georgia by an official as referred to in Article 178(1) of the Rules of Procedure, or the presence of the elements of a crime in his/her actions, the Parliament shall, within two weeks after receiving the opinion of the said Court, consider and vote at a plenary sitting on the issue of the removal of the official from office through impeachment. By a decision of the Parliament, such plenary sitting may be declared closed.

5. At the invitation of the Parliament, the official referred to in Article 178(1) of the Rules of Procedure, or in the case of the inability of the official, his/her representative, may participate in the parliamentary consideration of the charge against the official.

6. If the Constitutional Court of Georgia confirms neither the violation of the Constitution of Georgia by an official as referred to in Article 178(1) of the Rules of Procedure, nor the presence of the elements of a crime in his/her actions, an impeachment procedure against the official shall be terminated.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 180 – Making a decision on impeachment

1. The President of Georgia shall be considered removed from office through impeachment if at least two thirds of the total number of the Members of the Parliament support the decision.

2. A judge of the Supreme Court of Georgia, a member of the Government of Georgia, the General Prosecutor, the General Auditor and a member of the Board of the National Bank of Georgia, shall be considered removed from office through impeachment if the decision is supported by a majority of the total number of the Members of the Parliament.

3. Voting on the issue of the removal from office through impeachment of an official provided for by this article shall be carried out by secret ballot.

4. The decision of the Parliament shall be immediately notified to the official whose removal from office was being considered.

5. If the Parliament does not vote on the issue of the removal of an official from office through impeachment within the time limit determined by Article 179(4) of the Rules of Procedure, or if such decision is not supported by the number of the MPs determined by the Constitution of Georgia, the issue shall be deemed withdrawn, and the same charges may not be brought against the official in question.

 

Article 181 – Dismissal of the State Inspector

1. In the case provided for by Article 9(1) of the Law of Georgia on the State Inspector Service, the powers of the State Inspector shall be deemed terminated from the moment when relevant circumstances occur, regarding which the Chairperson of the Parliament shall immediately notify the Parliament. The Parliament shall terminate the powers of the State Inspector on the basis of taking note of the information received from the Chairperson of the Parliament.

2. The State Inspector shall enjoy immunity. Bringing criminal proceedings against the State Inspector, his/her arrest or detention, the search of his/her place of residence, vehicle, place of work, or any personal search, shall be permitted only with the consent of the Parliament. An exception may be made if the State Inspector is caught at the crime scene, in which case the Parliament shall be notified immediately. Unless the Parliament gives its consent within 48 hours, an arrested or detained State Inspector shall be released immediately. The General Prosecutor of Georgia shall submit to the Parliament a proposal to conduct investigative actions. The Procedural Issues and Rules Committee of the Parliament shall examine and consider the validity of the submitted proposal within 5 days, and submit a written opinion to the Bureau of the Parliament. The Bureau of the Parliament shall raise the issue for consideration at the next plenary sitting of the Parliament. After the consideration of the issue at a plenary sitting of the Parliament, a decision shall be made by a decree. Where the State Inspector is caught at the crime scene during a period between sessions of the Parliament, the issue shall be considered as provided for by Article 44(2) of the Constitution of Georgia.

3. If the Parliament gives its consent to the arrest or detention of the State Inspector, his/her term of office shall be suspended by a decree of the Parliament until a decree/ruling on the termination of the criminal prosecution has been passed, or a court decision enters into legal force.

 

Article 182 – Dismissal of the director of the Legal Aid Service

1. The Parliament shall be authorised to adopt a decree on the early termination of the powers of the director of the Legal Aid Service after hearing a report on the activities of the Legal Aid Service, as well as on the basis of the submission of at least one third of the members of the Legal Aid Council, or of information received from other sources, if it concludes that grounds exist for the early termination of the powers of the director of the Legal Aid Service as provided for by Article 13(7)(d) and (e) of the Law of Georgia on Legal Aid.

2. If grounds for the early termination of the powers of the director of the Legal Aid Service as provided for by Article 13(7)(d) and (e) of the Law of Georgia on Legal Aid are identified during the hearing of the report on the activities of the Legal Aid Service, at least one fifth of the total number of the Members of the Parliament shall have the right to raise the issue of the early termination of the powers of the director of the Legal Aid Service, within 3 days after the hearing of the report. The issue of the early termination of the powers of the director of the Legal Aid Service shall be considered by the Parliament at the next plenary sitting.

3. The submission of at least one third of the members of the Legal Aid Council, or information received from other sources, as provided for by paragraph 1 of this article, on the early termination of the powers of the director of the Legal Aid Service shall be submitted to the Chairperson of the Parliament in writing, who shall present it at the next sitting of the Bureau of the Parliament. The Bureau of the Parliament shall determine the committee that shall consider the early termination of the powers of the director of the Legal Aid Service, and the time limit for such consideration. Such committee shall consider the issue in question and present a reasoned opinion to the Bureau of the Parliament. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. If, during the plenary sitting, the Parliament considers that there are grounds for the early termination of the powers of the director of the Legal Aid Service under Article 13(7)(d) and (e) of the Law of Georgia on Legal Aid Service, it shall adopt a decree thereon.

 

Article 183 – Dismissal of the Head of the State Security Service of Georgia

1. After hearing a report on the activities of the State Security Service of Georgia, at least one third of the total number of the Members of the Parliament shall have the right to raise the issue of the dismissal of the Head of the State Security Service of Georgia, if the report provides for the necessity of making such a decision. In such case, the initiators shall indicate the reasons/grounds for raising such issue. The Parliament shall consider the issue of the dismissal of the Head of the State Security Service of Georgia and vote at the next plenary sitting, not earlier than two days after the issue has been raised. The relevant decision shall be made by secret ballot, by a majority of the total number of the Members of the Parliament.

2. Within two weeks after the suspension of the powers of the Head of the State Security Service of Georgia and the adoption of an ordinance of the Government of Georgia on the submission to the Parliament of a request for the early termination of his/her powers, the Parliament shall, on the basis of the opinion of the Defence and Security Committee of the Parliament, as provided for by the Rules of Procedure, consider the issue of the early termination of the powers of the Head of the State Security Service, and make a decision thereon by secret ballot, by a majority of the total number of the Members of the Parliament. If voting does not take place within the said period, and the last day of that period coincides with a day on which a regular plenary sitting of the Parliament is not held, the voting shall be held at the next plenary sitting. If the Parliament does not make a decision on the early termination of the powers of the Head of the State Security Service of Georgia within the period determined under the above procedure, the ordinance of the Government of Georgia on the suspension of the powers of the Head of the State Security Service shall be considered annulled.

3. If the grounds provided for by Article 10(1)(b) and (e) of the Law of Georgia on State Security Service exist, on the basis of the opinion of the Defence and Security Committee of the Parliament, the Parliament shall be authorised, within 2 weeks after the submission of the said opinion to the Parliament, as provided for by the Rules of Procedure, to consider the issue of the early termination of the powers of the Head of the State Security Service, and to make a decision thereon by secret ballot, by a majority of the total number of the Members of the Parliament. If voting does not take place within the said period and the last day of that period coincides with a day on which a regular plenary sitting of the Parliament is not held, the voting shall be held at the next plenary sitting. If voting does not take place again, the issue shall be deemed removed from the agenda.

4. If the grounds provided for by Article 10(1)(a), (c), (d), (f), or (h) of the Law of Georgia on State Security Service exist, the Procedural Issues and Rules Committee of the Parliament shall, within one week after such fact is identified or information thereon is received, under Article 6(3) and (9)-(11) of the Rules of Procedure, examine the issue of the authenticity thereof and submit a relevant opinion at the next plenary sitting of the Parliament. The Parliament shall take note of the information indicated in the opinion, which shall be recorded in the minutes of the plenary sitting. From the moment of taking note of the said information, the powers of the Head of the State Security Service of Georgia shall be terminated.

5. If, in the cases provided for by paragraphs 1-3 of this article, the Parliament does not make a decision on the early termination of the powers of the Head of the State Security Service of Georgia, the issue of the early termination of his/her powers for the same reason/on the same ground may not be raised for the following 6 months.

 

Article 184 – Vote of no confidence in the Board of Trustees of the Public Broadcaster and early termination of powers of a member of the Board of Trustees of the Public Broadcaster

1. The Parliament shall be authorised to pass a vote of no confidence in the Board of Trustees of the Public Broadcaster if:

a) programme priorities identified by the Board of Trustees on the basis of and taking into consideration the requirements of the Law of Georgia on Broadcasting have not been fulfilled, and the Board of Trustees has not taken effective measures to have them fulfilled;

b) the budget approved on the basis of the Law of Georgia on Broadcasting has not been implemented, and the Board of Trustees has not taken effective measures for the implementation thereof.

2. At least one third of the total number of the Members of the Parliament shall have the right to raise the issue of passing a vote of no confidence in the Board of Trustees of the Public Broadcaster. A decision to pass a vote of no confidence in the Board of Trustees of the Public Broadcaster shall be considered taken if it is supported by at least three fifths of the total number of Members of the Parliament. If not supported by three fifths of the total number of Members of the Parliament, the issue of a vote of no confidence shall not be raised for a period of 1 year.

3. At least one fifth of the total number of the Members of the Parliament shall have the right to raise the issue of the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster, if the member of the Board of Trustees of the Public Broadcaster violates the rules of conflict of interest established by the Law of Georgia on Broadcasting, fails to exercise the powers of a member of the Board of Trustees of the Public Broadcaster for 2 consecutive months without an excusable cause, or fails to exercise the powers of a member of the Board of Trustees of the Public Broadcaster for more than 3 months in 1 calendar year.

4. By a decree of the Parliament adopted by a majority of votes of the members present at a plenary sitting, but by not less than one third of the total number of the Members of the Parliament, the powers of a member of the Board of Trustees of the Public Broadcaster shall be terminated early in the case provided for by paragraph 3 of this article. The powers of a member of the Board of Trustees of the Public Broadcaster shall be also terminated early in the case provided for by Article 27(1)(a) of the Law of Georgia on Broadcasting.

5. The Parliament shall consider and put to a vote at a plenary sitting the issue of the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster, within 30 calendar days after the submission of the request for the early termination of the powers of the member of the Board of Trustees of the Public Broadcaster, or if that period coincides with a period between sessions of the Parliament, within 10 calendar days after the resumption of the next session.

6. The issue of the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster shall not be raised twice on the basis of the same facts.

7. Under Article 27(1)(e) and (f) of the Law of Georgia on Broadcasting, the Parliament shall take note of the information on the early termination of the powers of a member of the Board of Trustees of the Public Broadcaster.

 

Article 185 – Dismissal of a member of the Georgian National Communications Commission

1. If a legally effective court judgment of conviction against a member of the Georgian National Communications Commission imposes a restriction of liberty, a fixed term imprisonment, or a life imprisonment as a sentence, or if a court declares him/her missing or a beneficiary of support, unless otherwise provided for by a court decision, or unless the said member of the Commission resigns or dies, the Parliament shall, within 1 month from the moment of the occurrence of the said circumstance, make a decision on his/her dismissal.

2. Procedures established in Article 9 of the Rules of Procedure for the early termination of the powers of an MP shall apply in the case of the occurrence of the circumstances referred to in paragraph 1 of this article. A member of the Georgian National Communications Commission shall be deemed dismissed if such decision is supported by a majority of the total number of the Members of the Parliament present at a plenary sitting of the Parliament.

3. At least one third of the total number of the Members of the Parliament may initiate the procedure for the dismissal of a member of the Georgian National Communications Commission if:

a) the rules related to conflict of interest determined by the Law of Georgia on Broadcasting have been violated;

b) the member of the Georgian National Communications Commission fails to perform his/her duties for 15 consecutive days or for more than 2 months in a year without an excusable cause.

4. The MPs who have initiated the procedure for dismissal of a member of the Georgian National Communications Commission shall provide documentary evidence of specific grounds for his/her dismissal.

5. Within 30 days after collecting the signatures of the MPs, the Parliament shall, by a majority of the total number of the Members of the Parliament, put the issue of the dismissal of a member of the Georgian National Communications Commission on the agenda of a plenary sitting of the Parliament.

6. Within 30 days after putting the issue of the dismissal of a member of the Georgian National Communications Commission on the agenda of a plenary sitting, the Parliament shall put the issue to a vote. The consent of more than three fifths of the total number of the Members of the Parliament shall be required to dismiss a member of the Commission.

7. If the number of votes is not enough, or if the Parliament fails to vote within the period determined by paragraph 6 of this article, the procedure for the dismissal of a member of the Georgian National Communications Commission shall be terminated.

8. The issue of the dismissal of a member of the Georgian National Communications Commission shall not be raised twice on the basis of the same fact.

 

Article 186 – Dismissal of a member of the Georgian National Energy and Water Supply Regulatory Commission

If a member of the Georgian National Energy and Water Supply Regulatory Commission violates the requirements of the Law of Georgia on Conflict of Interest and Corruption in Public Institutions and/or fails to perform his/her official duties for 4 consecutive months, the Parliament shall make a decision on the dismissal of the member of the Commission by a majority of the total number of the Members of the Parliament.

 

[Article 186 1    Dismissal of a member of the Board of the Legal Entity under Public Law called the Georgian National Competition Agency

1. If a member of the Board of the Legal Entity under Public Law (LEPL) called the Georgian National Competition Agency violates the requirements of the Law of Georgia on Conflict of Interest and Corruption in Public Institutions, fails to perform his/her official duties for 3 consecutive months without an excusable cause, or has a conflict of interest under Article 17 1 (22) of the Law of Georgia on Competition, the Parliament shall make a decision on the dismissal of the member of the Board of the LEPL Georgian National Competition Agency by a majority of the total number of the Members of the Parliament.

2. In the cases provided for by paragraph 1 of this article, at least one third of the total number of the Members of the Parliament may initiate the procedure for the dismissal of a member of the Board of the LEPL Georgian National Competition Agency. The initiating MPs shall substantiate by documentary evidence the specific grounds for the dismissal of a member of the Board of the LEPL Georgian National Competition Agency.

3. Within 30 days after collecting the signatures of the MPs, the Parliament shall, by a majority of the total number of the Members of the Parliament, put the issue of the dismissal of a member of the Board of the LEPL Georgian National Competition Agency on the agenda of a plenary sitting of the Parliament.

4. Within 30 days after putting the issue of the dismissal of a member of the Board of the LEPL Georgian National Competition Agency on the agenda of a plenary sitting, the Parliament shall put the issue to a vote. The consent of a majority of the total number of the Members of the Parliament shall be required for the dismissal of a member of the Board of the LEPL Georgian National Competition Agency.  (Shall become effective from 1 January 2023)]

Rules of Procedure of the Parliament of Georgia No 7136 of 16 September 2020 – website, 21.9.2020

Rules of Procedure of the Parliament of Georgia No 527 of 28 May 2021 – website, 28.5.2021

 

Article 187 – Dismissal of a member of the Investment Board of the Pension Agency

1. If the grounds for the dismissal of a member of the Investment Board of the Pension Agency provided for by Article 12(9)(a)-(d) of the Law of Georgia on Funded Pensions exist, the Procedural Issues and Rules Committee of the Parliament shall, within 1 week after such fact is identified or information thereon is received, as provided for by Article 6(3) and (9)-(11) of the Rules of Procedure, examine the issue of the authenticity thereof and submit a relevant opinion at the next plenary sitting of the Parliament. The Parliament shall take note of the information indicated in the opinion, which shall be recorded in the minutes of the plenary sitting. From the moment of taking note of the said information, the member of the Investment Board of the Pension Agency shall be dismissed.

2. If the grounds provided for by Article 12(9)(e) or (f) of the Law of Georgia on Funded Pensions exist, at least one third of the total number of the Members of the Parliament may initiate the procedure for the dismissal of a member of the Investment Board of the Pension Agency. The initiating MPs shall substantiate by documentary evidence the specific grounds for the dismissal of a member of the Investment Board of the Pension Agency.

3. The submission of at least one third of the total number of the Members of the Parliament on the dismissal of a member of the Investment Board of the Pension Agency, and the documentary evidence provided for by paragraph 2 of this article, shall be presented to the Chairperson of the Parliament in writing, who shall present them to the next sitting of the Bureau of the Parliament. The Bureau of the Parliament shall determine the committee that shall consider the issue of the dismissal of a member of the Investment Board of the Pension Agency. The relevant committee shall consider the issue in question within 2 weeks and submit a reasoned opinion to the Bureau of the Parliament. The Bureau of the Parliament shall put the issue on the agenda of the next plenary sitting. The decision of the Parliament on the dismissal of a member of the Investment Board of the Pension Agency shall be deemed adopted if it is supported by a majority of the total number of the Members of the Parliament.

4. The issue of the dismissal of a member of the Investment Board of the Pension Agency shall not be raised twice on the basis of the same facts.

 

Chapter XIV −  International Relations of the Parliament. Ratification, Denunciation and Annulment of International Treaties

 

Article 188 – Official parliamentary delegations of Georgia and of other states

1. The highest representative of the Parliament in foreign relations shall be the Chairperson of the Parliament.

2. The official parliamentary delegations of Georgia shall be headed by the Chairperson of the Parliament, or upon his/her assignment, by his/her deputy or an MP.

3. A report on an official visit to another state shall be submitted by an MP, and a report on an official visit of an official parliamentary delegation to another state and on the results of work performed therein, shall be submitted by the head of the official parliamentary delegation to the Bureau of the Parliament within 14 days after the visit. Such issue may become a subject of consideration at a plenary sitting of the Parliament upon the request of a group of non-faction MPs consisting of at least 7 persons, a committee, and a faction.

4. The entry of the official delegation of another state into the sitting hall, and its composition, shall be notified to the Parliament by the chairperson of a plenary sitting, or upon his/her assignment, by a Mandaturi.

5. The Parliament shall be authorised to make a decision on the consideration of issues raised by the official delegation of another state by a majority of votes of the members present at the plenary sitting. Upon the decision of the Chairperson of the Parliament, an official delegation of another state, or a member thereof, shall have the right to attend the consideration of issues by the Parliament.

6. If the chairpersons of parliaments of other states, the heads of states and governments, or the heads of delegations so wish, by a decision of the Chairperson of the Parliament, they may give a speech at a plenary sitting of the Parliament.

7. At the initiative of the Chairperson of the Parliament, a group of non-faction MPs consisting of at least 7 persons, a committee, and a faction, the Parliament may adopt a resolution or make another decision at the next plenary sitting on the results of the visit of an official delegation of another state.

8. The Parliament shall be authorised to conclude cooperation agreements with the parliaments of other states, as well as international inter-parliamentary and other organisations.

9. The Parliament shall make a decision by a decree on joining an international parliamentary assembly or on participating in the creation of a new assembly.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 189 – Standing parliamentary delegations

1. The Parliament shall, by a decree, decide on forming a standing parliamentary delegation for keeping regular relations with international inter-parliamentary organisations.

2. The composition of standing parliamentary delegations shall be determined on the basis of the quotas of proportional representation. Such quotas shall be determined by the Procedural Issues and Rules Committee of the Parliament.

3. A standing parliamentary delegation shall be authorised to make decisions on behalf of the Parliament on issues falling within its scope of authority.

4. The activities of a standing parliamentary delegation shall be led by the head of the delegation, who shall submit a report on performed activities to the Bureau of the Parliament and the Foreign Relations Committee of the Parliament within not later than 14 days after the commencement of the spring session of each year. The Bureau of the Parliament shall put a report on the agenda of a plenary sitting of the Parliament after the head of the delegation presents a report at the sitting of the Foreign Relations Committee. When presenting a report at the plenary sitting, a speaker shall be the head of the delegation, and a co-speaker shall be the Foreign Relations Committee of the Parliament. The report shall be read at the plenary sitting of the Parliament in accordance with the procedure established for the first reading of a draft law. After reading a report at the plenary sitting of the Parliament, the Parliament shall make a relevant decision. Under such decision, the composition of a delegation may be changed.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 190 – Friendship groups

1. In order to establish regular relations with the parliaments of other states, friendship groups shall be formed at the Parliament by a decree. The composition of friendship groups shall be approved by the same decree of the Parliament.

2. The activities of friendship groups shall be coordinated by the Foreign Relations Committee of the Parliament, that shall submit to the Bureau of the Parliament an annual report on performed activities.

3. The head of a friendship group shall submit information and a report on the results of the work performed during the visit of a friendship group to another state, and the opinions on the visit, to the Bureau of the Parliament within not later than 10 days after the visit. Such issue may become a subject of consideration at a plenary sitting of the Parliament upon the request of a group of non-faction MPs consisting of at least 7 persons, a committee, and a faction.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 191 – Considering recommendations of the Inter-Parliamentary Union

The Parliament shall consider the recommendations of the Inter-Parliamentary Union and make a decision on their execution. The relevant committee shall, based on the request of the head of a delegation, consider those recommendations in advance and submit to the Bureau of the Parliament appropriate opinions and recommendations. The Bureau of the Parliament shall be authorised to make a decision on putting the issue on the agenda of a plenary sitting of the Parliament.

 

Article 192 – Procedure for the consideration of the ratification, denunciation, or annulment of international treaties

1. The Government of Georgia shall apply to the Parliament for the ratification, denunciation, or annulment of international treaties.

2. An international treaty submitted for ratification, denunciation, or annulment shall be accompanied by a copy of the official text certified in accordance with the established procedure, and documents containing:

a) a substantiation of the appropriateness of the ratification, denunciation, or annulment thereof;

b) a determination of the compliance thereof with the legislation of Georgia;

c) the evaluation of possible financial, economic, and other consequences thereof.

3. Together with other committees, the Foreign Relations Committee of the Parliament shall consider in advance an international treaty submitted for ratification or denunciation, and draw up a relevant opinion.

4. Depending on the content of an international treaty, the Bureau of the Parliament shall determine a leading committee to prepare the international treaty for ratification, denunciation, or annulment, and submit to it the annexed documents for an opinion.

5. Upon a decision of the Bureau of the Parliament, other committees may also participate in the preparation of an international treaty for ratification, denunciation, or annulment.

6. Together with a leading committee, the preparation of an international treaty for ratification, denunciation, or annulment shall be organised by the Foreign Relations Committee of the Parliament, if the latter is not a leading committee.

7. A leading committee and/or the Foreign Relations Committee of the Parliament may request from other state institutions information regarding the preparation of an international treaty for ratification, denunciation, or annulment. An international treaty that entails financial expenses shall be agreed in advance with the Budget and Finance Committee of the Parliament and the Foreign Relations Committee of the Parliament.

8. Within the powers granted by the Constitution of Georgia, the Parliament shall, as provided for by the Rules of Procedure, ratify the treaties concluded with other states, international financial organisations, or bodies of other states, in relation to external credits or state guarantees regarding credits.

9. A leading committee and/or the Foreign Relations Committee of the Parliament shall submit to the Parliament any information regarding an international treaty.

10. The Committee shall consider an issue related to an international treaty with the mandatory participation of an authorised person from the Government of Georgia. The failure of such person to participate shall not hinder the consideration of the issue, unless the Committee deems it necessary to consider the issue with his/her participation. In that case, the consideration of the issue shall be postponed to the next sitting of the Committee.

11. The individual articles of an international treaty shall not be ratified, denounced, or annulled, unless it is carried out by reservation.

12. An opinion of a leading committee shall contain a recommendation about the ratification or the refusal of ratification of an international treaty, a proposal concerning necessary ratification, a denunciation, an annulment, or a reservation, as well as the recommendations to be adopted by the Parliament in this regard.

13. If a leading committee believes that the ratification, denunciation, or annulment of an international treaty shall be necessarily carried out by reservation, it must be agreed with the Government of Georgia. Upon the consent of the Government of Georgia, the ratification, denunciation, or annulment of an international treaty shall be carried out by an appropriate reservation, or in the case of its refusal, the issue shall be reconsidered by the leading committee at the next sitting. If the leading committee still believes the reservation to be necessary, the issue shall be considered at a plenary sitting of the Parliament by reservation.

14. The consideration by the Parliament of the issue of the ratification, denunciation, or annulment of an international treaty shall be attended by the heads of the Foreign Relations Committee of the Parliament and the Ministry of Foreign Affairs of Georgia, and other relevant officials.

15. An authorised person of the Government of Georgia shall present, at a plenary sitting of the Parliament, a report in relation to the ratification, denunciation, or annulment of an international treaty. When presenting a report, the chairperson of the leading committee, assigned by the Parliament in relation to the issue under consideration, and the chairperson of the Foreign Relations Committee of the Parliament, may be co-speakers.

16. The Parliament shall consider at a plenary sitting an international treaty submitted for ratification, denunciation, or annulment, in accordance with the procedure established for the first reading of a draft law, and shall make an appropriate decision by a majority of the total number of its members, except for international treaties related to the territorial integrity of the State or the alteration of the state border.

17. International treaties related to the territorial integrity of the State or the alteration of the state border shall be ratified, denounced, or annulled by the Parliament by a majority of three quarters of the total number of its members.

18. If a decision on the ratification, denunciation, or annulment of an international treaty is not made, it shall be deemed that the issue failed to pass through the respective procedure and it shall be returned to a leading committee for reconsideration. Within 1 month, the leading committee shall decide on the issue of resubmitting the international treaty to a plenary sitting of the Parliament.

19. The Parliament shall be authorised to make a decision on postponing the consideration of the issue of the ratification, denunciation, or annulment of an international treaty. If the Parliament makes a decision on postponing the consideration of the respective issue related to an international treaty, such decision shall be reasoned, substantiated, and adopted by a decree.

20. If a constitutional claim has been filed with the Constitutional Court of Georgia regarding the constitutionality of an international treaty, the consideration of the issue of its ratification shall be postponed until the Constitutional Court of Georgia delivers its decision.

21. An international treaty that is concluded and signed on behalf of the Government of Georgia, as well as a treaty not requiring ratification which has been acceded to on behalf of the Government of Georgia, shall be annulled by the Parliament by a majority of the total number of its members upon the recommendation of the Government of Georgia, except for international treaties related to the territorial integrity of the State or the alteration of the state border. International treaties related to the territorial integrity of the State or the alteration of the state border shall be annulled by the Parliament by a majority of three quarters of the total number of its members, upon the recommendation of the Government of Georgia.

 

Article 193 – Participation of the Parliament in the process of concluding international treaties

1. The Foreign Relations Committee of the Parliament and the Ministry for Foreign Affairs of Georgia shall notify the Parliament of the conclusion of international treaties not requiring ratification within 1 month after their conclusion, and submit to it such international treaties. Such information shall be provided to the Bureau of the Parliament, which shall take note of it. The Bureau of the Parliament shall be authorised to put the issue for consideration on the agenda of a plenary sitting of the Parliament.

2. The Parliament shall submit recommendations on the conclusion of international treaties to the Government of Georgia.

3. The recommendations of the Parliament on the conclusion of international treaties shall include a substantiation of the appropriateness of their conclusions.

 

Article 194 – Consideration of the issue of the accession of Georgia to an international treaty

If the issue of the accession of Georgia to an international treaty is submitted to the Parliament, the Parliament shall consider such issue and make a decision in accordance with Article 47 of the Constitution of Georgia and Article 192 of the Rules of Procedure.

 

Chapter XV –  Special Procedures

 

Article 195 – Annual report of the President of Georgia

As a rule, in accordance with the Constitution of Georgia, at the first plenary sitting of the spring session, the Parliament shall hear an annual report of the President of Georgia on the most important state-related issues. Other issues shall not be considered at the plenary sitting on that day. After the President of Georgia finishes his/her speech, the chairpersons of factions shall give speeches. Firstly, the chairpersons of the smaller factions shall give speeches, followed by the chairpersons of larger factions. The duration of a speech of a faction chairperson shall not exceed 10 minutes. After the end of the speeches, the President of Georgia shall be authorised to make a closing statement. After the completion of the procedure determined by this article, the plenary sitting of the Parliament shall be closed.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 196 – Procedure for giving consent for the suspension of activities or dismissal of the representative body of a territorial unit

1. Upon the recommendation of the Government of Georgia, the President of Georgia shall apply to the Parliament to obtain its consent for the suspension of activities or dismissal of the representative body of a territorial unit.

2. The application determined by paragraph 1 of this article shall be referred by the Bureau of the Parliament to a leading committee, other committees, and factions, which shall consider it within not later than 10 days and submit their opinions to the Bureau of the Parliament to put them on the agenda of the next plenary sitting of the Parliament.

3. The Parliament shall consider the issue provided for by paragraph 1 of this article at a plenary sitting in accordance with the procedure established for the first reading of a draft law, and shall adopt a decree by a majority of the total number of its members.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 197 – Making decisions on issues of the administrative and territorial organisation of local self-government

Under the Constitution of Georgia and the Organic Law of Georgia, decisions on establishing or annulling a municipality, or on altering the borders of a municipality, as well as on determining and changing the administrative centre of a municipality, shall be made by the Parliament by a decree, upon the recommendation of the Government of Georgia.

 

Article 198 – Approval of the number of defence forces

1. The number of defence forces shall be submitted to the Parliament for approval by the Government of Georgia, together with a draft Law of Georgia on the State Budget.

2. The issue of the approval of the number of defence forces shall be referred for consideration to the appropriate committees determined by the Bureau of the Parliament, which shall consider the issue and prepare their opinions.

3. A reasoned opinion of a leading committee shall be submitted to the Bureau of the Parliament before the consideration of and voting on the final version of the draft Law of Georgia on the State Budget, in order to put it on the agenda of a plenary sitting of the Parliament. After parliamentary consideration of the issue, the Parliament shall approve the number of defence forces by a decree. Such decree shall be deemed adopted if it is supported by a majority of the total number of the Members of the Parliament.

4. If the number of defence forces is not approved by the Parliament, a conciliation committee may be established by a decree, which shall, within 10 days but not later than 31 December, submit a final version of a decision to be approved by the Parliament.

 

Article 199 – Raising the issue of a referendum

1. Based on an appropriate substantiation, one fifth of the total number of the Members of the Parliament may raise at the Parliament the issue of calling a referendum on a matter determined by the Constitution of Georgia and the Organic Law of Georgia, in a written form approved by signatures under Article 178(3) of the Rules of Procedure.

2. The issue shall be considered at a plenary sitting of the Parliament within not later than 20 days after it has been raised. The Parliament shall, by a majority of the total number of its members, adopt a request for calling a referendum and submit it to the President of Georgia.

3. If the issue of calling a referendum is not decided on by the Parliament, it shall be deemed removed and it shall not be put to a vote for the following 6 months.

4. The Parliament may, by a majority of the total number of its members, withdraw its request for calling a referendum, before the President of Georgia makes a decision on holding a referendum.

5. If, upon the request of the Government of Georgia or 200 000 voters, the President of Georgia puts to a referendum the same issue as submitted for consideration to a plenary sitting of the Parliament, such issue shall be removed from the agenda of the plenary sitting.

 

Article 200 – Verification of authenticity of signatures of MPs on a constitutional claim

1. One fifth of the Members of the Parliament shall be authorised to submit a constitutional claim or a constitutional submission to the Constitutional Court of Georgia, according to the procedure established by the Constitution of Georgia and the Organic Law of Georgia on the Constitutional Court of Georgia.

2. The authenticity of signatures of the MPs on a constitutional claim or a constitutional submission of MPs submitted to the Constitutional Court of Georgia shall be verified under Article 178(3) of the Rules of Procedure.

 

Article 201 – Letters of interested persons and communication with voters

1. An MP shall provide to the respective committee/committees any information obtained during meetings with voters.

2. Committees shall analyse the received information once in 3 months, and notify the Chairperson of the Parliament of the results of response. Such information shall be published on the website of the Parliament.

3. MPs, committees, and other entities of the Parliament shall consider the letters and applications of interested persons, and within the scope of their authority, provide answers to the authors within one month, unless otherwise provided for by the legislation of Georgia.

 

Article 202 – Bureau of an MP elected through the majoritarian system

1. In order for an MP to participate in the organisation of work with the citizens, and communication with respective public institutions, and the resolution of local matters, the bureau of an MP elected through the majoritarian system (‘a majoritarian MP’) shall be established locally. The functions, and the procedures for the organisation and operations of such bureau, as well as the procedures for and amounts of its funding, shall be determined by its statute, which shall be approved by the Bureau of the Parliament upon the recommendation of the Procedural Issues and Rules Committee of the Parliament.

2. The expenses related to the activities of the bureau of a majoritarian MP shall be covered from the budget of the Parliament, and shall be subject to writing-off upon the transfer of such funds to the bank account of the bureau of the majoritarian MP. Once a year, during the period from 15 December to 15 January, majoritarian MPs shall provide information to the Procedural Issues and Rules Committee of the Parliament on the expenses incurred by their bureaus.

 

Article 203 – Petition

1. A petition is an application of at least 300 persons regarding an issue related to a national and/or social problem.

2. A petition application shall be submitted to the Chairperson of the Parliament in a written and/or electronic form, and shall be registered with the respective registry. In order to submit a petition in an electronic form, an interested person shall fill in the electronic form of a petition, as determined by an order of the Chairperson of the Parliament, which shall be available on the website of the Parliament, and certify it with his/her qualified electronic signature.

3. A petition application shall be published on the website of the Parliament within 3 days after its submission to the Chairperson of the Parliament, unless it:

a) contains content which encourages the overthrow or forcible change of the constitutional system of Georgia, or violates the independence or territorial integrity of the country, or encourages war, hatred or discrimination, or provokes national, provincial, religious, or social strife, or poses an apparent threat of committing an action provided for by this sub-paragraph;

b) does not concern an issue related to a national and/or social problem;

c) contains offensive or indecent content.

4. A petition application shall collect at least 300 supporters within one month after its publication on the website of the Parliament. A person shall certify his/her support only once, by putting his/her first name and surname on the petition application. If, within 1 month, a petition application fails to collect the number of supporters necessary for submitting the petition as provided for by this paragraph, it shall not be considered, which shall be notified to the person submitting the petition application, or if there is more than one person, to the person specified as the author of the petition application. If a petition application collects at least 300 supporters within 1 month or before the expiry of that period, upon the application of the author of the petition application, the Chairperson of the Parliament shall submit the petition to the next sitting of the Bureau of the Parliament.

5. A petition submitted in a written form, which has at least 300 supporters at the moment of its submission, shall be registered with a respective registry without publication on the website of the Parliament for the purpose of collecting supporters. The Chairperson of the Parliament shall refer the petition to the next sitting of the Bureau of the Parliament.

6. The Bureau of the Parliament shall refer the petition to a relevant committee for examination and consideration. A sitting of the Bureau of the Parliament may decide to transfer the petition to an interim committee for examination and consideration. Such interim committee shall be established and shall examine the issue as provided for by these Rules of Procedure.

7. A respective committee shall make one of the following decisions:

a) to deem it appropriate to examine and consider the petition by itself;

b) to refer the petition to an appropriate line ministry, or to another agency;

c) to deem it inappropriate to examine and consider the petition.

8. A decision provided for by paragraph 7 of this article shall be notified to the author of a petition and shall be published on the website of the Parliament within 2 weeks.

9. In the case of making a decision determined by paragraph 7(a) of this article, the respective committee shall consider a petition within 1 month after submission, and shall submit its opinion, accompanied by the full text of the petition, to the Bureau of the Parliament. Based on a written application of the committee, the above time limit may be extended by the Bureau of the Parliament by not more than 2 months. If necessary, based on the opinion of the committee, the Bureau of the Parliament shall put the issue for consideration on the agenda of a plenary sitting of the Parliament.

10. A ministry, or another agency, shall reply to the author of a petition and a respective committee within 1 month. Upon the consent of the respective committee, the above time limit may be extended by not more than 1 month. If a ministry, or another agency, fails to reply to the author of a petition within the established time limit, the Parliament shall make a respective decision.

11. After the consideration of a petition at a plenary sitting of the Parliament, the Parliament shall adopt a decree.

12. A decision on a petition shall be published on the website of the Parliament and shall be notified to the author of the petition.

 

Chapter XVI –  Appointment of Officials

 

Article 204 – Basic rules for electing or approving the appointment of officials to positions for which a parliamentary competition is not announced

1. The Parliament shall elect officials determined by the Constitution of Georgia and other legislative acts.

2. To the Parliament:

a) the President of Georgia shall nominate candidates for the following positions:

a.a) a member of the Georgian National Communications Commission;

a.b) a member of the Georgian National Energy and Water Supply Regulatory Commission;

a.c) a member of the Board of the National Bank of Georgia;

a.d) seven members of the CEC, such that two candidates are nominated per one vacant position;

a.e) the CEC chairperson, such that two candidates are nominated per one vacant position;

b) the Chairperson of the Parliament shall nominate a candidate for the position of the General Auditor;

c) the Chairperson of the Parliament, a faction, or a group of non-faction MPs consisting of at least 7 persons, shall nominate a candidate for the position of a member of the Constitutional Court of Georgia;

d) a faction, or a group of non-faction MPs consisting of at least 7 persons, shall nominate a candidate for the position of the Public Defender of Georgia;

e) the High Council of Justice of Georgia shall nominate candidates for the following positions:

e.a) a judge of the Supreme Court of Georgia;

e.b) the chairperson of the Supreme Court of Georgia;

f) the Prime Minister of Georgia shall nominate:

f.a) two candidates for the position of the State Inspector;

f.b) at least eight candidates for the five vacant positions of members of the Board of the Legal Entity under Public Law called the National Statistics Office of Georgia – Geostat (‘Geostat’), or if there are less than five vacant positions, the number of candidates which exceeds by one the total number of vacant positions;

[ f.c) a candidate for a member of the Board of the LEPL Georgian National Competition Agency;  (shall become effective from 1 January 2023) ]

g) the Government of Georgia shall nominate a candidate for the Head of the State Security Service of Georgia;

h) the Prosecutorial Council shall nominate a candidate for the General Prosecutor of Georgia.

3. The Parliament shall elect officials whose term of office is not determined by the Constitution of Georgia, and shall approve the appointment of the officials, whose term of office is not determined by the Constitution of Georgia, for the following terms of office:

a) a member of the Georgian National Communications Commission – for a term of 6 years;

b) a member of the Georgian National Energy and Water Supply Regulatory Commission – for a term of 6 years. A person shall not be elected as a member of the said Commission for more than two terms. If a position of a member of the said Commission becomes vacant earlier, the Parliament shall elect a new member for the remaining term of office according to the procedure established for that position;

c) the State Inspector – for a term of 6 years;

d) the Head of the State Security Service of Georgia – for a term of 6 years;

e) members of the CEC – for a term of 5 years if elected by at least two thirds of the total number of the Members of the Parliament, or in other cases – for a term of 6 months;

e1) the CEC chairperson – for a term of 5 years if elected by at least two thirds of the total number of the Members of the Parliament, or in other cases – for a term of 6 months;

f) a member of the Board of Geostat – for a term of 4 years;

[g) a member of the Board of the LEPL Georgian National Competition Agency – for a term of 5 years. If the position of a member of the Board of the LEPL Georgian National Competition Agency becomes vacant earlier, the Parliament shall elect a new member for a term of 5 years according to the procedure established for that position.  (Shall become effective from 1 January 2023)]

4. The Parliament shall:

a) by a majority of three fifths of the total number of its members, and at the same time, by more votes than another candidate, elect the Public Defender of Georgia and three members of the Constitutional Court of Georgia;

b) by a majority of the total number of its members, elect the Chairperson of the Supreme Court of Georgia, a judge of the Supreme Court of Georgia, the General Prosecutor of Georgia, a member of the Board of the National Bank of Georgia, the General Auditor, the Head of the State Security Service of Georgia, a member of the Georgian National Communications Commission, and a member of the Georgian National Energy and Water Supply Regulatory Commission;

c) by at least two thirds of the total number of its members, or by a majority of the total number of its members, elect a CEC member or the CEC chairperson as provided for by the Rules of Procedure;

d) by a majority of the total number of its members, and at the same time, by more votes than another candidate, elect the State Inspector;

e) by a majority of the votes of MPs attending a plenary sitting, but by not less than one third of the total number of its members, approve the appointment by the Prime Minister of Georgia of a member of the Board of Geostat;

[f) by a majority of the total number of its members, elect a member of the Board of the LEPL Georgian National Competition Agency.  (Shall become effective from 1 January 2023)]

5. When electing officials, a secret ballot shall be used only for the election of three members of the Constitutional Court of Georgia, the Head of the State Security Service of Georgia, the General Prosecutor of Georgia, and the Public Defender of Georgia, as well as for the approval of the appointment of a member of the Board of Geostat by the Prime Minister of Georgia.

6. The following rules shall be observed when electing officials:

a) the same candidate may be nominated only twice for the position of the General Auditor, the Head of the State Security Service of Georgia, a member of the Constitutional Court of Georgia, a member of the CEC, and the CEC chairperson;

a1) the same candidate may be nominated for the election of a judge of the Supreme Court of Georgia only twice during the same term of office of the Parliament;

b) the same candidate may be nominated for the position of the Public Defender of Georgia only twice during one cycle of election;

c) if a candidate nominated for the position of the chairperson of the Supreme Court of Georgia, or for the position of the General Prosecutor of Georgia, fails to obtain the required number of votes provided for by the Constitution of Georgia and the Rules of Procedure, a new candidate shall be nominated to the Parliament.

7. As a rule, the Parliament shall elect the officials determined by this article within 2 weeks after the nomination of the candidates, unless otherwise provided for by a legislative act of Georgia.

Rules of Procedure of the Parliament of Georgia No 4528 of 1 May 2019 – website, 2.5.2019

Rules of Procedure of the Parliament of Georgia No 5202 of 18 October 2019 – website, 18.10.2019

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 7136 of 16 September 2020 – website, 21.9.2020

Rules of Procedure of the Parliament of Georgia No 527 of 28 May 2021 – website, 28.5.2021

Rules of Procedure of the Parliament of Georgia No 705 of 28 June 2021 – website, 29.6.2021

Rules of Procedure of the Parliament of Georgia No 1170 of 17 December 2021 – website, 20.12.2021

 

Article 205 – Procedure for electing or approving the appointment of the officials determined by Article 204 of the Rules of Procedure

1. The Bureau of the Parliament shall determine a committee/committees to consider the issue of electing or approving the appointment of officials provided for by Article 204 of the Rules of Procedure. The committee considering the issue of the election of the officials provided for by Article 204(2)(e) of the Rules of Procedure shall be the Legal Issues Committee of the Parliament.

2. A committee as referred to in this article shall determine the compliance of a candidate nominated for an official with the requirements of the Constitution of Georgia and/or other laws. For that purpose, the candidate shall provide the committee with complete information as required. The committee shall be authorised, in its turn, to obtain/verify all necessary information on a respective candidate for an official, including his/her biographical data, work experience, and professional expertise. In order to facilitate the determination of the compliance of candidates for the chairperson and a judge of the Supreme Court of Georgia with the requirements of the Constitution of Georgia and/or other laws, the Legal Issues Committee of the Parliament shall form a working group under Article 46 of the Rules of Procedure.

21. The Legal Issues Committee of the Parliament shall form a working group under Article 46 of the Rules of Procedure within 3 days after it receives a submission from the Bureau of the Parliament on the nomination of a candidate for a judge of the Supreme Court of Georgia.

22. The Legal Issues Committee of the Parliament shall, within 1 week after it receives a submission from the Bureau of the Parliament on the nomination of a candidate for a judge of the Supreme Court of Georgia, make available to all members of the Committee the submission and the attached documents. Upon request, the submission and the attached documents shall be provided to other MPs as well.

3. Once the compliance of candidates with the legislation of Georgia has been established, the respective committee of the Parliament shall hear each candidate at a sitting.

31. In order to establish the compliance of the candidates for a judge of the Supreme Court of Georgia with the legislation of Georgia, the Legal Issues Committee of the Parliament shall hear each candidate at a public sitting not earlier than 1 week after forwarding to all members of the Committee the documents referred to in paragraph 22 of this article. Candidates shall be heard and question-and-answer session shall be held individually for each candidate.

32. The procedure for hearing candidates for a judge of the Supreme Court of Georgia at a public sitting of the Legal Issues Committee of the Parliament shall be determined by the Committee chairperson in agreement with the Committee.

4. After hearing candidates at a Committee sitting, the Committee shall prepare an opinion. The Committee shall make a decision regarding the opinion by a majority of its members on the list. If a person is elected by the Parliament by secret ballot, the Committee shall make a decision by secret ballot as well. The opinion of the Committee shall include a recommendation of the Committee in relation to a candidate for an official referred to in Article 204 of the Rules of Procedure. The opinion of the Committee shall be submitted to the Bureau of the Parliament for the purpose of putting it on the agenda of a plenary sitting of the Parliament, and shall be published on the website of the Parliament.

5. Upon the recommendation of a respective committee of the Parliament, by a decision of the Bureau of the Parliament, the Parliament shall consider and hear at a plenary sitting each candidate nominated for each particular position referred to in Article 204 of the Rules of Procedure, in accordance with the procedure established for the first reading of a draft law, except for candidates for the chairperson or a judge of the Supreme Court of Georgia, or a member of the Constitutional Court of Georgia.

6. Before voting, the chairperson of the plenary sitting shall introduce to the Parliament a list of candidates and their written consent. After the completion of consideration at the plenary sitting, each candidate for a member of the CEC, a member of the Constitutional Court of Georgia, a judge of the Supreme Court of Georgia, the Public Defender of Georgia, and the State Inspector, shall be put to a vote separately.

7. When the Parliament elects a member of the CEC, each candidate for CEC membership shall be put to a vote separately. A candidate who is supported by not less than two thirds of the total number of the Members of the Parliament shall be deemed elected. If the number of candidates exceeds the number of candidates to be elected, the candidates with the best results shall be deemed elected. If a successful candidate cannot be identified due to an equal number of votes received by the candidates, they shall be put to a vote immediately in order to identify a successful candidate. If all the vacancies are not filled as a result of the voting, each of the remaining candidates supported by a majority of the total number of the Members of the Parliament during the last voting, shall be put to a vote immediately. A candidate who is supported by a majority of the total number of the Members of the Parliament shall be deemed elected as a result of the repeated voting. If the number of candidates exceeds the number of candidates to be elected, the candidates with the best results shall be deemed elected. If a successful candidate cannot be identified due to an equal number of votes received by the candidates, they shall be put to a vote immediately in order to identify a successful candidate. If the vacancy is not filled as a result of the repeated voting, the President of Georgia shall, within three days, nominate to the Parliament of Georgia, two candidates from among other candidates participating in the competition. If, nonetheless, the vacancy is not filled, a competition shall be announced for the remaining vacancies within not later than 3 days, and the nomination procedure shall start over.

8. The CEC chairperson shall be elected according to the procedure established by the Rules of Procedure for the election of a member of the CEC.

9. If, from among the candidates nominated for a vacant position of a member of the Board of Geostat, the necessary number of votes is received by more candidates than the number of vacant positions, it shall be deemed that the number of candidates with the best results among them, that corresponds to the number of vacant positions, were approved.

10. If the number of candidates with the best results, identified under paragraph 9 of this article, is more than the number of vacant positions due to an equal number of votes received by them, the candidates shall be repeatedly put to a vote and the successful candidate(s) shall be identified by a relative majority of votes.

11. If a candidate nominated for a vacant position of a member of the Board of Geostat is not approved by the Parliament, the Prime Minister of Georgia shall, within 21 days, nominate to the Parliament other candidates selected through competition for the vacant position. The said candidates shall be approved according to the procedure established by this article. Otherwise, a repeated competition shall be held. The candidates selected through a repeated competition shall be approved according to the procedure established by this article and Article 204 of the Rules of Procedure.

12. If three candidates participated in the election of three members of the Constitutional Court of Georgia, and any of them failed to receive the necessary number of votes, the Chairperson of the Parliament, a faction, or a group of non-faction MPs consisting of at least 7 persons, shall be authorised to nominate to the Parliament the same candidate after 10 days from the voting. If more than three candidates participated in the election, but the necessary number of candidates was not elected, a repeated round of voting shall be held. In that case, three candidates shall be put to a vote who, in the first round, received more votes than other candidates.

13. If more than one candidate receives the number of votes necessary for the election of the Public Defender of Georgia, but the successful candidate cannot be identified due to an equal number of votes received, such candidates shall be put to a vote together. A candidate who receives more votes, but not less than three fifths of the total number of the Members of the Parliament, shall be deemed elected. If, again, the candidates receive an equal number of votes, the voting procedure shall continue until a successful candidate is identified. If none of the candidates receives a sufficient number of votes, the voting procedure shall start over not earlier than 7 and not later than 14 days after the voting.

Rules of Procedure of the Parliament of Georgia No 4528 of 1 May 2019 – website, 2.5.2019

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 705 of 28 June 2021 – website, 29.6.2021

Rules of Procedure of the Parliament of Georgia No 1170 of 17 December 2021 – website, 20.12.2021

 

Article 206 – Procedure for selecting the Public Defender of Consumers Interests

1. The Sector Economy and Economic Policy Committee of the Parliament shall establish a competition commission under the auspices of the national regulatory body for the selection of the Public Defender of Consumers Interests, which shall make a decision on the selection of the Public Defender of Consumers Interests by a majority of the total number of its members.

2. The Sector Economy and Economic Policy Committee of the Parliament shall establish a competition commission comprising not less than 12 members. The competition commission shall comprise representatives from factions and non-faction MPs, public and non-governmental sectors, the Public Defender of Georgia, and an appropriate national regulatory body. The competition commission shall make a decision on the election of the chairperson of the competition commission by a majority of the total number of its members.

3. The statute of the competition commission for the selection of the Public Defender of Consumers Interests, and the competition conditions, shall be approved by the Chairperson of the Parliament upon the recommendation of the Sector Economy and Economic Policy Committee of the Parliament.

4. The Sector Economy and Economic Policy Committee of the Parliament shall notify the Bureau of the Parliament of the decisions made by the Committee and the competition commission.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 207 – Procedure for electing the members of the Prosecutorial Council

1. Five Members of the Prosecutorial Council, including two members from among MPs, shall be elected according to the procedure established by the Organic Law of Georgia on the Prosecutor’s Office, and this article.

2. (Deleted – 1.7.2020, No 6700).

3. Two members of the Prosecutorial Council from among MPs shall be elected by the Parliament by a majority of the total number of its members. One of the elected members of the Prosecutorial Council shall be a representative of the parliamentary majority, and the other elected member shall be a representative of the parliamentary opposition. Each faction and group of non-faction MPs consisting of at least 7 persons shall have the right to nominate one candidate for a member of the Prosecutorial Council. A candidate for a member of the Prosecutorial Council shall be nominated to the Bureau of the Parliament not later than 15 calendar days before the expiry of the term of office of the member of the Prosecutorial Council, or in the case of the early termination of powers, within not later than 15 calendar days from the date of the early termination of powers. The Bureau of the Parliament shall put the issue of election of a member of the Prosecutorial Council on the agenda of the next plenary sitting of the Parliament. If, after having held both rounds of voting under paragraph 10 of this article, the vacant position is not filled, the election procedure shall be carried out again within 1 month, as provided for by this paragraph. In that case, candidates for members of the Prosecutorial Council shall be nominated to the Bureau of the Parliament within 2 weeks.

4. The Parliament shall elect two members of the Prosecutorial Council through competition. The candidates for members of the Prosecutorial Council shall be selected from among professors and researchers working at higher education institutions of Georgia, members of the Georgian Bar Association, and/or persons nominated by Georgian non-entrepreneurial (non-commercial) legal entities, based on the nomination of the collegial management bodies of such organisations. One of the areas of activities of the said non-entrepreneurial (non-commercial) legal entity shall be, for at least two years prior to the competition being held, participation in court proceedings with representative powers. Each of the above organisations shall be authorised to nominate to the Parliament not more than three candidates for the members of the Prosecutorial Council. A Member of Parliament, a judge, or a prosecutor may not be nominated as a candidate for a member of the Prosecutorial Council.

5. The Parliament shall elect one member of the Prosecutorial Council upon the nomination of the Minister of Justice of Georgia, by a majority of the total number of the Members of the Parliament. The Minister of Justice of Georgia shall be authorised to nominate to the Parliament not more than three candidates for a member of the Prosecutorial Council. The Parliament may elect as a member of the Prosecutorial Council a person who has higher education in law with a Master’s or equivalent academic degree, and at least five years of work experience in the practice of law.

6. In the case provided for by paragraph 4 of this article, the Parliament may elect as a member of the Prosecutorial Council a citizen of Georgia who has higher education in law with a Master’s or equivalent academic degree/diploma of higher education, at least five years of work experience in the practice of law, and good reputation, and who is a recognised specialist in the field of law. A candidate for a member of the Prosecutorial Council shall give his/her prior written consent to be elected as a member of the Prosecutorial Council.

7. In the cases provided for by paragraphs 4 and 5 of this article, the nomination of a candidate for a member of the Prosecutorial Council shall be accompanied by a letter of reference, the professional biography of the candidate, a copy of an identity card or a passport, copies of documents certifying higher education in law and at least five years of work experience in the practice of law, a list of papers published on matters of law (if any), the written consent of the candidate, or if the candidate is nominated by a non-entrepreneurial (non-commercial) legal entity, documents certifying the fulfilment of the requirement determined by paragraph 4 of this article, as well.

8. In the cases provided for by paragraphs 2, 4 and 5 of this article, a new member of the Prosecutorial Council shall be elected not earlier than 30 calendar days before and not later than 7 calendar days after the expiry of the term of office of a respective member of the Prosecutorial Council, or in the case of the early termination of powers of a member of the Prosecutorial Council, not later than 2 months from the date of early termination of powers. If, in the case of election by the Parliament of a new member of the Prosecutorial Council, the above time limit fully or partially coincides with a period between sessions of the Parliament, the election process shall be started or resumed immediately upon the commencement of a regular session, or at an extraordinary session before the commencement of a regular session.

9. In the cases provided for by paragraphs 4 and 5 of this article:

a) a candidate for a member of the Prosecutorial Council shall be nominated to the Parliament:

a.a) not earlier than on the 60th and not later than on the 40th calendar day before the expiry of the term of office of a member of the Prosecutorial Council;

a.b) in the case of the early termination of powers, not later than 10 calendar days from the date of the early termination of powers;

b) the time limit for nominating candidates for a member of the Prosecutorial Council shall be published on the website of the Parliament by the Chairperson of the Parliament;

c) appropriate documents submitted to the Parliament shall be immediately forwarded to the Legal Issues Committee of the Parliament, which shall complete their consideration thereof in order to determine compliance with the requirements of this article within the following period after the expiry of the time limit for nominating candidates for the member of the Prosecutorial Council:

c.a) within 10 calendar days in the case provided for by sub-paragraph (a.a) of this paragraph;

c.b) within 4 calendar days in the case provided for by sub-paragraph (a.b) of this paragraph;

d) after the completion of the consideration of the documents referred to in sub-paragraph (c) of this paragraph, the Legal Issues Committee of the Parliament shall submit to the Bureau of the Parliament a list of candidates for the members of the Prosecutorial Council who meet the requirements of this article, together with the appropriate documents. The Bureau of the Parliament shall immediately forward to factions the list of candidates for the members of the Prosecutorial Council and the attached documents;

e) factions shall have the right to consider the nominated candidates for members of the Prosecutorial Council within the following period after the submission to the Bureau of the Parliament of the list of candidates for the members of the Prosecutorial Council:

e.a) within 2 weeks in the case provided for by sub-paragraph (a.a) of this paragraph;

e.b) within 1 week in the case provided for by sub-paragraph (a.b) of this paragraph;

f) the Bureau of the Parliament shall put the issue of the election of a member of the Prosecutorial Council on the agenda of the following plenary sitting after the expiry of the time limit for the consideration of candidates by the factions. Before voting, a representative from the Legal Issues Committee of the Parliament shall provide to the Parliament the data about the nominated candidates.

10. In the cases provided for by paragraphs 3-5 of this article:

a) the Parliament shall cast votes for the election of the members of the Prosecutorial Council without consideration of the candidates for the members of the Prosecutorial Council at a plenary sitting. The candidates for members of the Prosecutorial Council shall be put to a vote individually. The sequence of voting shall follow alphabetical order based on the candidates’ surnames;

b) the candidates for members of the Prosecutorial Council who are supported by a majority of the total number of the Members of the Parliament shall be deemed elected in the first round of voting. If the number of such candidates exceeds the number of candidates to be elected, the appropriate number of candidates with the best results shall be deemed elected. If an elected candidate cannot be identified due to an equal number of votes received by more than one candidate, the candidates shall be repeatedly put to a vote and a candidate with the better results, who is supported by not less than the majority of the total number of the Members of the Parliament, shall be deemed elected;

c) if all the vacancies are not filled as a result of the first round of voting, a second round of voting shall be held on the same day or at the following plenary sitting of the Parliament, during which the remaining candidates with the best results in the first round shall be put to a vote. The number of such candidates shall not exceed two times the number of the vacant positions. If the number of the candidates exceeds such number, as they have received an equal number of votes, all such candidates shall be put to a vote. A candidate elected in the second round of voting shall be identified as provided for by sub-paragraph (b) of this paragraph;

d) if the number of candidates in the first round of voting does not exceed the number of vacant positions, and if all the vacancies are not filled, a second round of voting shall not be held.

11. If, in the cases provided for by paragraphs 4 and 5 of this article, all the vacancies are not filled as provided for by paragraph 10 of this article, the election procedure shall be carried out again within 70 calendar days, according to the procedure established by this article. In that case, the time limit for nominating candidates for members of the Prosecutorial Council shall be determined and published on the website of the Parliament by the Chairperson of the Parliament, on condition that the time limit shall not be less than 14 calendar days, and that the Legal Issues Committee of the Parliament and the factions shall consider the candidates within the time limits determined by paragraph 9(c.a) and (e.a) of this article.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 208 – Procedure for electing members of the High Council of Justice of Georgia and members of the Disciplinary Committee of Judges of Common Courts of Georgia

1. The Parliament shall elect five members of the High Council of Justice of Georgia and two members of the Disciplinary Committee of Judges of Common Courts of Georgia through competition, by secret ballot. A new member of the High Council of Justice of Georgia and a new member of the Disciplinary Committee of Judges of Common Courts of Georgia shall be elected by the Parliament not earlier than 30 calendar days before and not later than 7 calendar days after the expiry of the term of office of a respective member of the stated body, or in the case of the early termination of powers, not later than 1 month after the date of the early termination of powers. If those time limits fully or partially coincide with a period between sessions of the Parliament, the time limits established for the election of new members under this paragraph shall be extended by the respective period.

2. The candidates for a member of the High Council of Justice of Georgia and for a member of the Disciplinary Committee of Judges of Common Courts of Georgia shall be selected from among professors and researchers working at higher education institutions in Georgia, members of the Georgian Bar Association, and/or persons nominated by Georgian non-entrepreneurial (non-commercial) legal entities, based on the recommendations of the collegial management bodies of such organisations. Each of the above organisations shall be authorised to nominate to the Parliament not more than three candidates for a member of the High Council of Justice of Georgia, and not more than one candidate for a member of the Disciplinary Committee of Judges of Common Courts of Georgia, according to the procedure and within the time limits determined by paragraph 6 of this article. An MP, a judge, or a prosecutor may not be nominated as a candidate for the above purposes.

3. A non-entrepreneurial (non-commercial) legal entity, as referred to in paragraph 2 of this article, shall have the right to nominate a candidate for a member of the High Council of Justice of Georgia if one of the areas of its activities, for the two years prior to the competition, was participation in court proceedings with representative powers.

4. The Parliament may elect as a member of the High Council of Justice of Georgia a citizen of Georgia who has higher education in law with a Master’s or equivalent academic degree/diploma of higher education, at least five years of work experience in the practice of law, and good reputation, and who is a recognised specialist in the field of law. The Parliament may elect as a member of the Disciplinary Committee of Judges of Common Courts of Georgia a citizen of Georgia who has higher education in law, at least 10 years of work experience in the practice of law, and good reputation, and who is a recognised specialist in the field of law.

5. The nomination of a candidate shall be accompanied by a letter of reference, the professional biography of the candidate, a copy of an identity card or a passport, copies of documents certifying higher education in law and at least 10 years of work experience in the practice of law, a list of papers published on matters of law (if any), the written consent of the candidate, or if the candidate is nominated by a non-entrepreneurial (non-commercial) legal entity, documents certifying the fulfilment of the requirement determined by paragraph 3 of this article, as well.

6. The candidates referred to in paragraph 2 of this article shall be nominated to the Parliament:

a) not earlier than on the 60th and not later than on the 40th calendar day before the expiry of the term of office of a member of the High Council of Justice of Georgia/Disciplinary Committee of Judges of Common Courts of Georgia;

b) in the case of the early termination of powers, not later than 10 calendar days from the date of early termination of powers of a member of the High Council of Justice of Georgia/Disciplinary Committee of Judges of Common Courts of Georgia.

7. The time limits for the nomination of candidates shall be published on the website of the Parliament by the Chairperson of the Parliament.

8. The documents submitted to the Parliament shall be immediately forwarded to the Legal Issues Committee of the Parliament,which shall complete their consideration thereof in order to determine compliance with the requirements of paragraphs 2-5 of this article within the following period after the expiry of the time limit for nominating candidates:

a) within 10 calendar days in the case provided for by paragraph 6(a) of this article;

b) within 4 calendar days in the case provided for by paragraph 6(b) of this article.

9. After the completion of consideration under paragraph 8 of this article, the Legal Issues Committee of the Parliament shall submit to the Bureau of the Parliament a list of candidates who have been nominated by the persons referred to in paragraph 2 of this article and who meet the requirements of this article, together with the appropriate documents. The opinion of the Committee shall also name the candidates, from among the candidates referred to in this paragraph, who are recommended by the Committee for the appointment to the positions determined by this article. The Bureau of the Parliament shall immediately forward to factions the list of the candidates and the attached documents.

10. The factions shall be authorised to consider the nominated candidates within the following period after the submission of a list of candidates to the Bureau of the Parliament:

a) within 2 weeks in the case provided for by paragraph 6(a) of this article;

b) within 1 week in the case provided for by paragraph 6(b) of this article;

11. The Parliament shall, without consideration, start voting for the election of a member of the High Council of Justice of Georgia/Disciplinary Committee of Judges of Common Courts of Georgia at the next plenary sitting after the expiry of the time limit for consideration by the factions. The candidates shall be put to a vote individually. The sequence of voting shall follow alphabetical order based on the candidates’ surnames. Before voting, a representative from the Legal Issues Committee of the Parliament shall provide to the Parliament the data about the nominated candidates.

12. The election by the Parliament of the members of the High Council of Justice of Georgia shall be held in three rounds, if necessary. The candidates elected as the members of the High Council of Justice of Georgia shall be identified by a majority of at least three fifths of the total number of the Members of the Parliament, as provided for by this paragraph and paragraphs 13 and 15 of this article.

13. The candidates who are supported by at least three fifths of the total number of the Members of the Parliament shall be deemed elected as a result of the first round of voting. If the number of such candidates exceeds the number of available vacant positions, the appropriate number of candidates with the best results shall be deemed elected. If a candidate cannot be elected due to an equal number of votes received by more than one candidate, the candidates shall be repeatedly put to a vote and a candidate with the best results, who is supported by at least three fifths of the total number of the Members of the Parliament, shall be deemed elected.

14. If all the vacancies are not filled as a result of the first round of voting, a second round of voting shall be held on the same day or at the following plenary sitting of the Parliament, during which the remaining candidates with the best results in the first round shall be put to a vote, whose number shall not exceed two times the number of the available vacant positions. If the number of the candidates exceeds such number, as they have received an equal number of votes, all such candidates shall be put to a vote. A candidate who receives the necessary number of votes as provided for by paragraph 13 of this article shall be deemed elected.

15. If all the vacancies are not filled as a result of the second round of voting, a third round of voting shall be held after 2 days, during which the remaining candidates with the best results in the second round of voting shall be put to a vote, and the elected candidates shall be identified as provided for by paragraph 14 of this article.

16. If, after having held all three rounds of voting, a vacant position is not filled, the election procedure shall be carried out again within 70 calendar days as provided for by this article. In that case, the time limit for nominating candidates shall be determined and published on the website of the Parliament by the Chairperson of the Parliament, on condition that the time limit shall not be less than 14 calendar days, and that the Legal Issues Committee of the Parliament and the factions shall consider the candidates within the time limits determined by paragraph 8(a) and paragraph 10(a) of this article.

17. The election by the Parliament of the members of the Disciplinary Committee of Judges of Common Courts of Georgia shall be held in two rounds, if necessary. The candidates elected as the members of the Disciplinary Committee of Judges of Common Courts of Georgia shall be identified by a majority of the total number of the Members of the Parliament, as provided for by this paragraph, and paragraphs 18 and 19 of this article.

18. If, as a result of the first round of voting, the number of candidates who are supported by a majority of the total number of the Members of the Parliament exceeds the number of available vacant positions, the appropriate number of candidates with the best results shall be deemed elected. If a candidate cannot be elected due to an equal number of votes received by more than one candidate, the candidates shall be repeatedly put to a vote, and a candidate with the best results shall be deemed elected.

19. If all the vacancies are not filled as a result of the first round of voting, a second round of voting shall be held on the same day or at the following plenary sitting of the Parliament, during which the remaining candidates with the best results in the first round shall be put to a vote, whose number shall not exceed two times the number of the available vacant positions. If the number of the candidates exceeds such number, as they have received an equal number of votes, all such candidates shall be put to a vote. The elected candidates shall be identified as provided for by paragraphs 17 and 18 of this article.

20. If, after having held both rounds of voting, a vacant position is not filled, the election procedure shall be carried out again within 70 calendar days as provided for by this article. In that case, the time limit for nominating candidates shall be determined and published on the website of the Parliament by the Chairperson of the Parliament, on condition that the time limit shall not be less than 14 calendar days, and that the Legal Issues Committee of the Parliament and the factions shall consider the candidates within the time limits determined by paragraph 8(a) and paragraph 10(a) of this article.

 

Article 2081 – Making a decision on the nomination of a candidate for the election of judges of the International Criminal Court

1. In compliance with the Rome Statute of the International Criminal Court (‘the Rome Statute’), the Parliament shall, as provided for by this article, make a decision on the nomination of one candidate for the election of judges of the International Criminal Court. For that purpose, the Government of Georgia shall nominate to the Parliament one or more candidates selected by the Government of Georgia (‘a candidate for a judge selected by the Government of Georgia’).

2. The nomination of a candidate for a judge selected by the Government of Georgia shall be transferred to the next sitting of the Bureau of the Parliament, together with the attached documents.

3. The Bureau of the Parliament shall determine a committee/committees considering the issue of the nomination of a candidate for a judge selected by the Government of Georgia as a candidate for the election of judges of the International Criminal Court.

4. The committee determined under this article shall hear a candidate for a judge selected by the Government of Georgia at a public sitting of the committee and establish his/her compliance with the the Rome Statute. A candidate for a judge selected by the Government of Georgia shall provide to the committee the complete information necessary for establishing his/her compliance with the Rome Statute. The committee shall be authorised to verify the provided information and/or obtain other necessary information.

5. After hearing at a committee sitting a candidate for a judge selected by the Government of Georgia, the committee shall prepare an opinion. The opinion of the committee shall be adopted by secret ballot, by a majority of its members on the list. The opinion shall contain a recommendation of the committee in relation to a candidate for a judge selected by the Government of Georgia. The opinion of the Committee shall be submitted to the Bureau of the Parliament for the purpose of putting it on the agenda of a plenary sitting of the Parliament, and shall be published on the website of the Parliament.

6. The Parliament shall put to a vote a candidate for a judge selected by the Government of Georgia at a plenary sitting, without consideration. The voting shall take place by secret ballot. Before voting, the chairperson of the plenary sitting shall introduce to the Parliament the identity of a candidate for a judge selected by the Government of Georgia, and his/her written consent. A candidate for a judge selected by the Government of Georgia shall be nominated as a candidate for the election of judges of the International Criminal Court if, at the voting, he/she is supported by a majority of the total number of the Members of the Parliament. If more than one candidate for a judge selected by the Government of Georgia is nominated to the Parliament, they shall be put to a vote individually, and a candidate for a judge selected by the Government of Georgia shall be nominated as a candidate for the election of judges of the International Criminal Court who, at the voting, receives more votes of MPs, but not less than a majority of the total number of MPs. If more than one candidate for a judge selected by the Government of Georgia equally receive the highest number of votes of MPs, and at the same time, more than half of the votes of the total number of MPs, such candidates shall be repeatedly put to a vote. A candidate for a judge selected by the Government of Georgia shall be nominated as a candidate for the election of judges of the International Criminal Court who, at the voting, receives more votes of MPs, but not less than a majority of the total number of the MPs.

7. If, as a result of the voting under paragraph 6 of this article, none of the candidates for a judge selected by the Government of Georgia receive the number of votes of MPs that is required for the nomination as a candidate for the election of judges of the International Criminal Court, the procedure determined by this article shall start over based on a respective submission of the Government of Georgia.

8. A candidate for a judge selected by the Government of Georgia may, at any time during the procedure determined by this article, refuse in writing to be nominated as a candidate for the election of judges of the International Criminal Court. In that case, the procedure determined by this article shall be terminated in relation to such candidate, or if he/she was the only candidate, the procedure shall start over based on a respective submission of the Government of Georgia.

9. To make a decision on the nomination of a candidate for the election of judges of the International Criminal Court, the same candidate may be nominated to the Parliament only twice during the same term of office of the Parliament.

Rules of Procedure of the Parliament of Georgia No 5859 of 19 March 2020 – website, 19.3.2020

 

Article 2082 – Nomination of candidates for a member of the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment under the Georgian quota

1. The standing parliamentary delegation of Georgia in the Parliamentary Assembly of the Council of Europe shall nominate to the Council of Europe for further consideration and selection three candidates, under the Georgian quota, for a member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, established under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

2. A candidate for a member of the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment may be a legally competent citizen of Georgia, who meets the following requirements:

a) has a higher education;

b) has at least three years of work experience in the area of protection of human rights or education on human rights;

c) knows English or French;

d) has no criminal record.

3. The procedure for holding a competition for the selection of candidates under the Georgian quota for a member of the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as well as the composition of the competition commission and the claims commission, shall be approved by the Chairperson of the Parliament.

4. The competition commission shall comprise seven members. The members of the competition commission shall be, according to their ranks, the head of the standing parliamentary delegation of Georgia in the Parliamentary Assembly of the Council of Europe and the chairperson of the Human Rights and Civil Integration Committee of the Parliament, and the other members of the competition commission (three members from among the members of the parliamentary majority, and two members from among the members of the parliamentary opposition) shall be appointed by the Chairperson of the Parliament based on prior consultations with the respective entities. The chairperson of the competition commission shall be appointed from among its members by the Chairperson of the Parliament.

Rules of Procedure of the Parliament of Georgia No 709 of 28 June 2021 – website, 29.6.2021

 

Article 209 – Procedure for the election of a member of the Board of Trustees of the Public Broadcaster

1. A candidate for a member of the Board of Trustees of the Public Broadcaster, a trustee, shall be selected through open competition.

2. 30 calendar days before the expiry or within 10 calendar days after the termination of the powers of a trustee, the Chairperson of the Parliament shall issue an order on announcing a competition, which shall specify a period of not more than 15 calendar days for the submission of applications by the candidates for a trustee.

3. Within not later than 10 days after the announcement of a competition, a competition commission composed of nine members shall be set up by a decree of the Parliament. After the consultations with the factions, non-faction MPs, the Supreme Council of the Autonomous Republic of Ajara, and the Public Defender of Georgia, the Chairperson of the Parliament shall nominate to the Parliament for approval the candidates for the members of the competition commission. The representatives from civil society and the academic community may also be members of the competition commission. The competition commission shall be headed by a chairperson elected by the competition commission. The competition commission shall draw up a statute, which shall be approved by the Bureau of the Parliament and which shall determine the criteria for evaluating the candidates for a trustee and the concepts for the development of the Public Broadcaster proposed by them.

4. The Parliament shall approve the composition of a competition commission by a majority of the total number of its members.

5. Anyone may nominate a candidate for a trustee. A list of candidates shall be published on the website of the Parliament on the following day after the expiry of the time limit for submitting applications by the candidates for a trustee.

6. A competition commission shall select candidates for a trustee in two stages, within 10 calendar days after the expiry of the time limit for nominating the candidates. At the first stage, candidates shall be selected according to the qualification requirements determined by the Law of Georgia on Broadcasting. Additional selection criteria for candidates shall be determined by the statute of the competition commission. At the second stage, candidates shall be selected on the basis of a review of the concepts for the development of the Public Broadcaster proposed by them, and the interviews held with them. After the selection of candidates, the competition commission shall nominate to the factions, the Public Defender of Georgia, and the Supreme Council of the Autonomous Republic of Ajara, at least three times the number of candidates than the number to be elected.

7. The competition commission shall ensure a public review of the concepts for the development of the Public Broadcaster proposed by the selected candidates for a trustee. A candidate shall submit to the competition commission a concept for the development of the Public Broadcaster which shall be made public, and participate in public debates, which shall be held before the election of trustees by the Parliament and shall be broadcast by the Public Broadcaster.

8. From among the candidates for trustees selected by the competition commission, two candidates shall be nominated by the Public Defender of Georgia, three candidates shall be nominated by the faction/factions of the parliamentary majority, three candidates shall be nominated by the factions of the parliamentary opposition, which comprise the highest number of MPs, and one candidate shall be nominated by the Supreme Council of the Autonomous Republic of Ajara, to the Parliament for election. The above entities shall select and nominate candidates in the following sequence: the Public Defender of Georgia shall be first to nominate candidates, followed by the Supreme Council of the Autonomous Republic of Ajara, the factions of the parliamentary opposition, and the faction/factions of the parliamentary majority. A decision on the nomination of candidates selected by the Public Defender of Georgia shall be signed by the Public Defender of Georgia. Decisions on the nomination of candidates selected by factions shall be signed by the chairpersons of the factions. A decision on the nomination of a candidate selected by the Supreme Council of the Autonomous Republic of Ajara shall be signed by the Chairperson of the Supreme Council of the Autonomous Republic of Ajara.

9. (Deleted – 1.7.2020, No 6700).

10. (Deleted – 1.7.2020, No 6700).

11. Within not later than 3 calendar days after the selection of candidates for a trustee by the competition commission, the entities referred to in paragraph 8 of this article shall nominate their candidates to the Parliament.

12. Within not later than 10 days after the selection of candidates for a trustee by the competition commission, the Parliament shall, by a majority of the total number of its members, individually elect the candidates nominated by the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the faction/factions of the parliamentary majority, and the factions of the parliamentary opposition. If there is more than one vacant position to be filled under the quotas of the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the parliamentary majority, and the parliamentary opposition, at first, a candidate under the quota of the Public Defender of Georgia shall be elected, followed by a candidate under the quota of the Supreme Council of the Autonomous Republic of Ajara, then a candidate under the quota of the parliamentary opposition and, lastly, a candidate under the quota of the parliamentary majority.

13. If a candidate for a trustee fails to receive sufficient votes to be elected, the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the faction/factions of the parliamentary majority, and the factions of the parliamentary opposition, shall nominate new candidates to the Parliament within 10 calendar days.

14. The entities authorised to nominate candidates for a trustee may nominate to the Parliament three candidates from among the candidates selected by the competition commission. The same candidate may be nominated twice.

15. If none of the candidates receive sufficient votes to be elected, a candidate who receives the highest number of votes, but not less than the votes of one third of the total number of the Members of the Parliament, shall be deemed elected. A candidate who receives the highest number of votes shall be elected under the quotas of the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Ajara, the parliamentary majority, and the parliamentary opposition.

16. If none of the candidates receives at least one third of votes of the total number of the Members of the Parliament, and if the Board of Trustees of the Public Broadcaster cannot be composed of nine members, a new competition shall be held for the remaining vacant positions.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 210 – Procedure for the appointment of members of the commission selecting candidates for members of the Investment Board of the Pension Agency

1. Three members of the commission selecting candidates for members of the Investment Board of the Pension Agency, as determined by the Law of Georgia on Funded Pensions, shall be appointed from among MPs, according to the procedure established by this article.

2. Two members of the commission selecting candidates for members of the Investment Board of the Pension Agency shall be appointed by a faction of the parliamentary majority, which comprises the highest number of MPs, from among its members, according to the procedure established by it, and one member of the commission shall be appointed by a faction of the parliamentary opposition, which comprises the highest number of MPs, from among its members, according to the procedure established by it. If the faction of the parliamentary opposition fails to appoint a member of the commission selecting the candidates for the members of the Investment Board of the Pension Agency, the right to appoint a member of the selection commission shall be granted, successively, to the factions of the parliamentary opposition, which comprise a higher number of MPs than other factions. In the case of equal number of faction members, preference shall be given to the faction whose party has received more votes in the elections. 

3. A new member of the commission selecting candidates for members of the Investment Board of the Pension Agency shall be appointed within not later than 30 calendar days after the recognition of the authority of a Parliament of new convocation, or in the case of early termination of the powers of the respective MP, within not later than 30 calendar days after the date of the early termination of his/her powers. If the time limits determined by this article for the appointment of a new member of the selection commission fully or partially coincide with a period between sessions of the Parliament, the time limits shall be extended by the respective period.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 211 – Procedure for the election of members of the Investment Board of the Pension Agency

1. The Parliament shall elect five members of the Investment Board of the Pension Agency, as determined by the Law of Georgia on Funded Pensions, for a term of 5 years.

2. The commission selecting candidates for members of the Investment Board of the Pension Agency, as determined by the Law of Georgia on Funded Pensions, shall nominate to the Parliament candidates for a member of the Investment Board from among the persons selected as a result of a competition. One candidate shall be nominated per one vacant position of a member of the Investment Board.

3. A candidate for a member of the Investment Board of the Pension Agency shall be nominated to the Parliament:

a) not earlier than on the 60th and not later than on the 40th calendar day before the expiry of the term of office of the member of the Investment Board;

b) in the case of dismissal of a member of the Investment Board, not later than on the 60th calendar day after his/her dismissal;

c) in the case of the announcement of a repeated competition under paragraph 5 of this article, not later than on the 60th calendar day after the announcement of the repeated competition.

4. The Parliament shall, within 21 days after the nomination of the candidates/candidate for a member of the Investment Board of the Pension Agency, elect the members/member of the Investment Board of the Pension Agency by secret ballot, by a majority of the total number of its members. The procedure for the election of the members/member of the Investment Board of the Pension Agency shall be carried out under Article 205(1)-(6) of the Rules of Procedure. If the time limit determined by this paragraph fully or partially coincides with a period between sessions of the Parliament, the time limit shall be extended by the respective period.

5. If all the vacancies are not filled as a result of voting, the commission selecting the candidates for the members of the Investment Board of the Pension Agency shall nominate to the Parliament, within 15 days, other candidates selected for the respective vacant position through competition. Such candidates shall be selected according to the procedure established by this article. Otherwise, a repeated competition shall be announced. A candidate selected through the repeated competition shall be elected according to the procedure established by this article.

 

Article 212 – Procedure for the resignation of officials or termination of their powers otherwise

1. In the case of the resignation of the General Auditor, the Parliament shall take note of his/her resignation, and that fact shall be recorded in the minutes of a plenary sitting of the Parliament. The General Auditor shall be deemed resigned from the date of the submission of a respective application to the Parliament.

2. In the cases provided for by Article 10(1)(b) and (e) of the Organic Law of Georgia on the Public Defender of Georgia, the powers of the Public Defender of Georgia shall be terminated by a decision of the Parliament, which shall be made by at least three fifths of the total number of the Members of the Parliament.

3. A member of the Board of the National Bank of Georgia may resign if he/she submits a written application in this regard to the Chairperson of the Parliament within not later than 2 months before resignation. The member of the Board of the National Bank of Georgia shall be deemed resigned from the date indicated in his/her application.

4. A member of the High Council of Justice of Georgia, elected by the Parliament, may be dismissed by the Parliament as provided for by the Organic Law of Georgia on Common Courts. When any of the circumstances referred to in Article 48(1)(a)-(g) of the Organic Law of Georgia on Common Courts arise, the Parliament shall take note of the existence of such circumstances without making a decision, or when any of the circumstances referred to in Article 48(1)(h)-(k) of the same Law arise, the Parliament shall put to a vote a decision on the termination of the powers of the member of the High Council of Justice of Georgia. The Parliament shall make the said decision by secret ballot, by a majority of the total number of its members.

5. A decision on the termination of powers of a member of the Disciplinary Committee of Judges of Common Courts of Georgia elected by the Parliament shall be made by the Parliament, by a majority of the total number of its members.

6. A committee determined by the Bureau of the Parliament shall examine the grounds for terminating the powers of a member of the Disciplinary Committee of Judges of Common Courts of Georgia. Such committee shall be authorised to invite to a sitting the member of the Disciplinary Committee of Judges of Common Courts of Georgia and to hear his/her opinion. The opinion of the committee shall be submitted to the Bureau of the Parliament for putting it on the agenda of the next plenary sitting of the Parliament. When any of the circumstance referred to in Article 7519(6)(a)-(f) of the Organic Law of Georgia on Common Courts arise, the Parliament shall take note of the existence of such circumstances without making a decision, or when any of the circumstances referred to in Article 7519(6)(g)-(j) of the same Law arise, the Parliament shall put to a vote a decision on the termination of the powers of the member of the High Council of Justice of Georgia.

 

Chapter XVII –  Office and Security Service of the Parliament

 

Article 213 – Authority of the Office of the Parliament

1. The Office of the Parliament shall provide legal, organisational, analytical, documentary, informational, financial, and material and technical support for the activities of the Parliament.

2. The authority of the Office of the Parliament shall also include the administration of the budget of the Parliament and the representation of the Parliament in economic, labour, legal and other relations, the exercise of its powers and the performance of its obligations within its competence.

3. The structure, authority and rules of operation of the Office of the Parliament shall be determined by these Rules of Procedure and the regulations of the Office of the Parliament.

4. The regulations of the Office of the Parliament shall be approved by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

 

Article 214 – Management of the Office of the Parliament

1. The Office of the Parliament shall be headed by the Chief of the Office of the Parliament.

2. The Chief of the Office of the Parliament shall be appointed and may be dismissed by the Chairperson of the Parliament.

3. The Chief of the Office of the Parliament may not be an MP.

4. The Chief of the Office of the Parliament is a parliamentary official.

5. The Chief of the Office of the Parliament shall have not more than three deputies. The number of deputies of the Chief of the Office of the Parliament shall be determined by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

6. A Deputy Chief of the Office of the Parliament shall be appointed and may be dismissed by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

 

Article 215 – Structure of the Office of the Parliament

1. The structural units of the Office of the Parliament shall be the Departments, the Mandaturi Service, the Cabinet of the Chairperson of the Parliament, the offices of the committees of the Parliament, the offices of the parliamentary factions, the secretariats of the First Deputy and the deputies of the Chairperson of the Parliament, the secretariats of the Boards and the State Commissions, and the Parliamentary Budget Office of Georgia.

2. The office of the committee of the Parliament shall be a standing structural unit of the Office of the Parliament subordinated to the committee, which is established in order to support the activities of the committee.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 216 – Regulations and procedure

1. The regulations of the Office of the Parliament, the Departments, the Mandaturi Service, and the Cabinet of the Chairperson of the Parliament, shall be approved by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament.

2. The regulations of the office of a committee of the Parliament shall be approved by the Chairperson of the Parliament upon the recommendation of the Chief of the Office of the Parliament, after it is agreed with the committee chairperson by the Chief of the Office of the Parliament.

3. The structure and staff list of the Office of the Parliament shall be approved by the Chairperson of the Parliament, upon the recommendation of the Chief of the Office of the Parliament.

4. The heads of the Office of the Parliament, the Departments, the Mandaturi Service, and the Cabinet of the Chairperson of the Parliament, shall be appointed and may be dismissed by the Chairperson of the Parliament, according to the procedure established by the Law of Georgia on Public Service.

5. The public servants of the Office of the Parliament (except for the public servants referred to in paragraph 4 of this article, and the Head of the Parliamentary Budget Office of Georgia) shall be appointed and may be dismissed by the Chief of the Office of the Parliament, according to the procedure established by the Law of Georgia on Public Service. Other persons employed in the Office of the Parliament shall be appointed and may be dismissed by the Chief of the Office of the Parliament, according to the procedure established by the Organic Law of Georgia Labour Code of Georgia.

6. The qualification requirements for the persons employed in the Office of the Parliament shall be determined by the legislation of Georgia and a legal act of the Chairperson of the Parliament.

7. The rights and obligations of the qualified public officers of the Office of the Parliament shall be determined by the legislation of Georgia, the regulations of the Office of the Parliament, the regulations of the respective structural units, and the job descriptions.

8. The rights and obligations of the persons employed under agreements under public law and labour agreements shall be determined by the said agreements.

9. Job descriptions shall be approved by the Chief of the Office of the Parliament in agreement with the head of a respective structural unit, or in the case of the offices of the committees, in agreement with the chairperson of the respective committee.

10. It shall be permitted to gain practical experience and do internships in the Office of the Parliament. The duration of an internship in the Office of the Parliament shall be 6 months. An internship in the Office of the Parliament shall be announced twice a year. The procedure for practical experience and internships in the Office of the Parliament shall be approved by the Chairperson of the Parliament, upon the recommendation of the Chief of the Office of the Parliament.

11. The Chief of the Office of the Parliament shall approve the procedure for arranging excursions at the Palace of the Parliament.

 

Article 217 – Parliamentary Budget Office of Georgia

1. In order to provide the Parliament, the committees of the Parliament, the factions, the non-faction MPs, and the Office of the Parliament with financial, budgetary and other analytical information of an economic nature, the Parliamentary Budget Office of Georgia shall be established within the structure of the Office of the Parliament.

2. The Head of the Parliamentary Budget Office of Georgia shall be appointed for a term of 5 years and may be dismissed by the Chairperson of the Parliament, upon the recommendation of the chairperson of the Budget and Finance Committee of the Parliament. The same person may be appointed as the Head of the Parliamentary Budget Office of Georgia consecutively only twice.

3. The employees of the Parliamentary Budget Office of Georgia, except for the persons referred to in paragraph 2 of this article, shall be appointed and may be dismissed by the Chief of the Office of the Parliament, according to the procedure established by the Law of Georgia on Public Service.

4. The structure and the rules of operation of the Parliamentary Budget Office of Georgia shall be determined by the regulations of the Parliamentary Budget Office of Georgia, which shall be approved by the Chairperson of the Parliament upon the recommendation of the Head and/or the Supervisory Board of the Parliamentary Budget Office of Georgia.

5. The activities of the Parliamentary Budget Office of Georgia shall be coordinated by the Supervisory Board of the Parliamentary Budget Office of Georgia. The Supervisory Board of the Parliamentary Budget Office of Georgia shall comprise, according to their ranks, the Chairperson of the Parliament and the chairperson of the Budget and Finance Committee of the Parliament, and the other members of the Supervisory Board shall be appointed by the Chairperson of the Parliament based on prior consultations with the factions and non-faction MPs, so that at least one member of each faction is represented on the Supervisory Board. The Supervisory Board of the Parliamentary Budget Office of Georgia shall be headed by the Chairperson of the Parliament. The authority and rules of operation of the Supervisory Board of the Parliamentary Budget Office of Georgia shall be determined by the Chairperson of the Parliament.

6. The Parliamentary Budget Office of Georgia shall be accountable to the Supervisory Board of the Parliamentary Budget Office of Georgia, to which it shall submit an annual report of its activities. The Parliamentary Budget Office of Georgia shall, twice a year, within 10 days after the completion of the spring session and the autumn session, submit to the Budget and Finance Committee of the Parliament written information on the activities performed during the session period.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 218 – Health and life insurance of the employees of the Office of the Parliament

1. Health and life insurance of the employees of the Office of the Parliament shall be mandatory.

2. A decision on the health and life insurance of the employees of the Office of the Parliament shall be made by the Chairperson of the Parliament, upon the recommendation of the Board of Treasurers of the Parliament.

 

Article 219 – Security service of the Parliament

1. The security of the Parliament and MPs shall be ensured by the Special State Protection Service of Georgia according to the procedure established by the legislation of Georgia.

2. The Office of the Parliament shall, together with the security service of the Parliament, develop the security regime in the Palace of the Parliament and in the adjacent territory, which shall be approved by the Chairperson of the Parliament.

3. Upon the assignment of the Chairperson of the Parliament, a respective committee of the Parliament shall examine and review the activities of the Special State Protection Service of Georgia in terms of ensuring the security of the Parliament.

4. It is inadmissible at the Palace of the Parliament, including for MPs, to carry firearms or melee weapons. Exceptions to this rule shall be determined by the legislation of Georgia, and the security regime in the Palace of the Parliament and the adjacent territory.

5. To move around the Palace of the Parliament, the members of the Government of Georgia, the officials elected by the Parliament, as well as the officials whose appointment has been approved by the Parliament, shall be provided with passes according to a template approved by the signature of the Chairperson of the Parliament.

6. In order to ensure the observance of the security regime in the Palace of the Parliament and the adjacent territory, the Parliament shall be entitled to check, in the electronic database of the Legal Entity under Public Law called Public Service Development Agency, the following personal data about a person: name, surname, personal number, registration address, citizenship, photo, and the data of an identity document.

 

Chapter XVIII –  Institutions Operating within the Parliament

 

Article 220 – National Library of Georgia

1. The National Library of Georgia, which is a main library within the library system of Georgia, is a parliamentary library, the activities of which are regulated by the Law of Georgia on the National Parliamentary Library of Georgia, other laws, and the respective regulations.

2. The General Director of the National Library of Georgia shall be appointed and may be dismissed by the Chairperson of the Parliament.

3. The statute and the staff list of the National Library of Georgia shall be approved by the Chairperson of the Parliament, upon the recommendation of the General Director of the National Library of Georgia.

 

Article 221 – State Council of Heraldry

1. For the purposes of regulating issues related to state symbols and symbols of state significance of Georgia, the State Council of Heraldry shall be established and operated at the Parliament.

2. The structure, authority and main functions of the State Council of Heraldry shall be determined by the Law of Georgia on the Procedure for Use of the State Symbols of Georgia, and the statute of the State Council of Heraldry which shall be approved by a decree of the Parliament.

3. The staff list of the State Council of Heraldry shall be approved by the Chairperson of the Parliament, upon the recommendation of the chairperson of the State Council of Heraldry.

Rules of Procedure of the Parliament of Georgia No 5725 of 19 February 2020 – website, 24.2.2020

 

Article 222 – Research Centre of the Parliament

1. In order to support the efficiency of the operations, and the analytical and research activities, of the Parliament, the Legal Entity under Public Law called the Research Centre of the Parliament shall be established under the state control of the Parliament.

2. The structure, authority and rules of operation of the Research Centre of the Parliament shall be determined by the statute of the Research Centre of the Parliament.

3. The statute and the staff list of the Research Centre of the Parliament shall be approved by the Chairperson of the Parliament.

 

Chapter XIX –  Liability for Violation of the Rules of Procedure. Parliamentary Ethics

 

Article 223 – Sanctions for violation of the Rules of Procedure

The following sanctions shall be imposed on an MP for a violation of the Rules of Procedure:

a) the depriving of the right to speak at a sitting;

b) a warning; 

c) a request to leave the hall of committee sitting, or the sitting hall;

d) the withholding of salary.

 

Article 224 – Imposition of sanctions on MPs and parliamentary officials

1. At a committee sitting or a plenary sitting of the Parliament, the chairperson of the sitting shall deprive an MP of the right to speak, who:

a) gives a speech without the permission of the chairperson of the sitting;

b) gives a speech but does not discuss the issues under consideration;  

c) was given the floor in relation to procedural issues, but he/she gives a speech about other issues;

d) exceeds the time determined by the Rules of procedure, or the extended time.

2. A warning shall be given to an MP, who:

a) in the case provided for by paragraph 1(a), (b) or (c) of this article, continues his/her speech even after being deprived of the right to speak;

b) speaks without a microphone;

c) performs an action that results in the hindrance of a sitting held under the Rules of Procedure.

3. An MP shall be requested to leave the hall of committee sitting or the sitting hall, if he/she:

a) continues performing the same action, even after receiving a warning under paragraph 2 of this article;

b) carries firearms or a melee weapon in the hall;

c) commits violence or calls on other MPs to do so.

4. An MP who has been requested to leave the hall of committee sitting or the sitting hall is obliged to leave the hall. Otherwise, the chairperson of the sitting shall suspend the sitting and the Mandaturi shall enforce the said request.

5. If any sanction is imposed on an MP, the following speakers shall not have the right to make the issue of keeping order a subject of consideration.

6. An MP who was requested to leave the hall of committee sitting or the sitting hall shall have 5 % of his/her salary withheld for the respective month. Such fact shall be recorded in the minutes of the sitting, which shall be forwarded to the Department of Finance of the Office of the Parliament in order for the salary for the respective month to be withheld.

7. In the case of ignoring the dress code determined by Article 84(7) of the Rules of Procedure, a Mandaturi shall be authorised to disallow a person into the sitting hall. The chairperson of the sitting shall be immediately notified in this regard. The chairperson of the sitting shall be authorised to change the decision of a Mandaturi.

8. If, during 1 day, while checking the voting and registration results, it is established that an MP is not present at the sitting hall but someone has participated in the voting and registration on his/her behalf, 20 % of his/her salary and the salary of the MP who has participated in the voting and registration on his/her behalf shall be withheld. In the case of repeating, and each subsequent repetition of, such action during the same session, a further 20 % shall be withheld from the salary of the MP. Such fact shall be recorded in the minutes of the sitting, which shall be forwarded to the Department of Finance of the Office of the Parliament in order for the salary for the respective month to be withheld.

9. If an MP, who has been assigned to present a draft law at a plenary sitting (who is a speaker or a co-speaker) is not present, without an excusable cause, in the sitting hall during the presentation of the draft law, 5 % shall be withheld from his/her salary for the respective month. The failure of the MP to present the draft law at the sitting hall shall be recorded in the minutes of the sitting on the basis of an application of the chairperson of the sitting, which shall be forwarded by the Chief Mandaturi to the Department of Finance of the Office of the Parliament within 24 hours, in order for the stated amount from the salary under this paragraph to be withheld.

10. If an MP (except for an official referred to in Article 28(8) and (9) of the Rules of Procedure) is not a member of any committee, it shall be deemed that he/she does not exercise the powers of an MP and he/she shall not receive the salary determined by law. Such information shall be recorded by the Procedural Issues and Rules Committee of the Parliament and shall be forwarded to the Department of Finance of the Office of the Parliament in order for the salary for the respective month to be withheld.

11. If an MP, who is a member of two committees, fails to attend a committee sitting twice in a calendar month without an excusable cause, or if an MP, who is a member of one committee, fails to attend a committee sitting once in a calendar month without an excusable cause, 10 % of his/her salary shall be withheld for each subsequent absence from the sitting without an excusable cause, respectively.

12. For each of more than two plenary sittings not attended during a regular session without an excusable cause, as well as for each plenary sitting not attended during an extraordinary session without an excusable cause, 10 % of the salary of the MP shall be withheld.

13. If an MP fails to undergo any registration during the day of a plenary sitting, 5 % of his/her salary shall be withheld for each such case (but not more than 10 % during a day), except for the cases provided for by Article 91(9) of the Rules of Procedure and in the case of not attending the plenary sitting. The liability under this article shall be imposed on an MP in the case of the failure to undergo registration more than four times during a month.

14. If a committee chairperson fails successively twice in a calendar month to convene a committee sitting without an excusable cause, 50 % of his/her salary shall be withheld. The Bureau of the Parliament shall consider the cause of the failure to convene a committee sitting, and if such fact is repeated during the same session, it shall be authorised to raise at the plenary sitting of the Parliament, according to the established procedure, the issue of the dismissal of the committee chairperson.

15. In the cases provided for by paragraphs 6, 8 and 11-13 of this article, the total amount of salary of an MP withheld on a one-off basis shall not exceed 50 % of the salary of the MP.

16. Not later than the 15th day of the following month after the end of each calendar month, the Procedural Issues and Rules Committee of the Parliament shall prepare a list of MPs to whom the measure of liability determined by paragraphs 11-13 of this article shall be applied, and forward such list to the Department of Finance of the Office of the Parliament for the salary for the respective month to be withheld.

17. The Procedural Issues and Rules Committee of the Parliament shall prepare, on a monthly basis, a list of MPs not attending committee sittings, specifying the number of sittings not attended by them and the dates of absence, and shall publish such list on the website of the Parliament.

18. At the end of each session, the Procedural Issues and Rules Committee of the Parliament shall prepare a list of MPs not attending the plenary sittings of the Parliament, specifying the number of sittings not attended by them and the dates of absence, and shall publish such list on the website of the Parliament.

 

Article 225 – Objection against a measure of liability

An MP, on whom a sanction has been imposed under Article 224(6)-(14) of the Rules of Procedure, shall have the right to submit a substantiated objection in a written form. A decision regarding the objection shall be made by the Chairperson of the Parliament.

 

Article 226 – Violation of the Rules of Procedure by other officials and sanctions for such violation

1. Liability for the violation of the Rules of Procedure shall be imposed, as provided for by the Rules of Procedure, on an official accountable to the Parliament, as well as on other officials who are assigned to participate in the activities of the Parliament.

2. An official shall be liable for the following violations:

a) if he/she has been invited to the consideration of an issue at the Parliament but fails to appear;

b) if he/she violates the procedure established for answering the questions/inquiries of an MP;

c) if he/she provides to the Parliament distorted or incorrect information;

d) if he/she fails to follow the decrees and recommendations of the Parliament;

e) if he/she hinders an MP in exercising powers granted under the Rules of Procedure and other legislative and subordinate normative acts of Georgia.

3. A person invited to a committee sitting and/or a plenary sitting of the Parliament shall keep order during the sitting. He/she shall be prohibited from performing any action which may hinder the Parliament or MPs in performing their functions. During voting, he/she shall refrain from expressing his/her personal attitude towards the results. The chairperson of a sitting may request a visitor who fails to keep order to leave the hall of the committee sitting or the sitting hall.

4. The Procedural Issues and Rules Committee of the Parliament shall consider each case provided for by paragraph 2 of this article and shall refer the issue to the Bureau of the Parliament for appropriate response.

5. In the cases provided for by paragraph 2 of this article, the Parliament shall apply the following response measures against an official (except for the members of the Government of Georgia):

a) it shall adopt a decree or a resolution to take responsive measures against the official due to the violation;

b) it shall submit to the head of the state agency a recommendation concerning the liability of the official subordinated to him/her.

 

Article 227 – Board of Ethics and the Code of Ethics of MPs

1. The ethical standards of conduct of MPs shall be determined by the Code of Ethics of MPs, which shall be approved by a decree of the Parliament.

2. MPs shall facilitate the observance of the ethical standards of the Parliament.

3. The Parliament shall, for the period of its term of office, establish the Board of Ethics by a decree, within 2 months after the recognition of its authority. The decree shall state the number of members of the Board of Ethics. The composition of the Board of Ethics shall be determined in proportion to the number of MPs from factions and non-faction MPs. In addition, the representation of the parliamentary majority on the Board of Ethics shall not exceed half of the number of its members.

4. The quotas of proportional representation on the Board of Ethics shall be determined by the Procedural Issues and Rules Committee of the Parliament and approved by the Bureau of the Parliament within 1 week after adopting a decree on the establishment of the Board of Ethics. A member of the Board of Ethics nominated by a faction shall be subject to rotation once a year. Upon the expiry of the said period, the faction shall nominate a new member according to the quotas of proportional representation provided for by this paragraph.

5. The factions shall, according to the quotas of proportional representation, nominate to the Bureau of the Parliament the persons selected as the members of the Board of Ethics within 1 week after the approval of such quotas.

6. The Parliament shall take note of the composition of the Board of Ethics, which shall be recorded in the minutes.

7. The rules of operation of the Board of Ethics shall be determined and organisational matters shall be regulated by the Code of Ethics of MPs and the regulations of the Board of Ethics.

8. In order to provide organisational and technical support for the activities of the Board of Ethics, the Secretariat of the Board of Ethics shall be established, whose structure, functions and rules of operation shall be determined by the regulations of the Board of Ethics.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chapter XX –  Transitional and Final Provisions

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Article 228 – Transitional provisions

1. Before the recognition of the authority of the Parliament elected in the 2024 elections, the MPs elected by the nomination of one electoral bloc shall not have the right to form more than one faction. A political party within an electoral bloc shall have the right to form a faction only if at least seven of the candidates, included by that political party in the electoral list of the electoral bloc, have been elected as MPs.

11. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP elected by the nomination of an electoral bloc shall have the right to form a faction together with an MP/MPs elected by the nomination of other political party/political parties or electoral bloc, or to join a faction formed by (an)other political party/political parties or electoral bloc, if he/she leaves the membership of the respective political party within the electoral bloc. In that case, other MPs elected by the nomination of the same electoral bloc shall have the right to form another faction in accordance with the Rules of Procedure.

12. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP elected by the nomination of a political party or an electoral bloc shall have the right to form a faction together with the MP/MPs elected by the nomination of other political party/political parties or electoral bloc/electoral blocs, or to join a faction formed by (an)other political party/political parties or electoral bloc/electoral blocs, if he/she was nominated by the political party or the electoral bloc as an unconditional candidate for an MP. In that case, other MPs elected by the nomination of the same political party or electoral bloc shall have the right to form another faction in accordance with the Rules of Procedure.

13. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP elected by the nomination of an electoral bloc shall have the right to form a faction together with the MP/MPs elected by the nomination of (an)other political party/political parties or electoral bloc/electoral blocs, or to join a faction formed by (an)other political party/political parties or electoral bloc/electoral blocs, if the respective political party within the electoral bloc leaves the electoral bloc. In that case, other MPs elected by the nomination of the same electoral bloc shall have the right to form another faction in accordance with the Rules of Procedure.

14. Before the recognition of the authority of the Parliament elected in the 2024 elections, if a faction fails to meet the requirements of Article 48(2) and Article 49(1)-(3) of the Rules of Procedure, and paragraphs 1-13 of this article, it shall be refused registration. A faction that has been refused registration shall have the right to raise, at a plenary sitting of the Parliament, the issue of the lawfulness of such decision of the Bureau of the Parliament.

15. Before the recognition of the authority of the Parliament elected in the 2024 elections, a chairperson of a faction may not have more than one deputy per every 10 members of the faction. If a chairperson of a faction has more than one deputy, one of them may be granted the status of the First Deputy Chairperson of the faction.

2. Before the recognition of the authority of the Parliament elected in the 2024 elections, the bureaus of majoritarian MPs shall also constitute the structural units of the Office of the Parliament.

3. The members of the Prosecutorial Council, elected by the time the Rules of Procedure become effective, shall maintain their powers for the remaining term of their office.

4. Before the expiry of the term of office of the active Parliament, two Deputy Chairpersons of Parliament, except for the case determined by Article 22(1)(c) of these Rules of Procedure, shall be elected by the nomination of the group of non-faction MPs from the parliamentary opposition as well. In that case, an MP who is supported by more non-faction MPs shall be deemed nominated as a candidate for a Deputy Chairperson of the Parliament. If the MPs to be nominated as candidates for a Deputy Chairperson of the Parliament are supported by an equal number of non-faction MPs from the parliamentary opposition, the MP shall be deemed nominated who was nominated earlier by the respective group of non-faction MPs. A decision on joining a committee by a Deputy Chairperson of the Parliament shall be made by the respective parliamentary faction or non-faction MP, according to the number determined by the quotas of proportional representation.

5. Before the expiry of the term of office of the active parliament, a faction from the parliamentary opposition or a group of non-faction MPs from the parliamentary opposition shall be authorised to nominate a candidate for one deputy chairperson of a committee of the Parliament. In that case, an MP, who is supported by more non-faction MPs, shall be deemed nominated as a candidate for a deputy chairperson of a committee of the Parliament. If the MPs to be nominated as candidates for a deputy chairperson of the committee of the Parliament are supported by an equal number of non-faction MPs from the parliamentary opposition, the MP shall be deemed nominated who was nominated earlier by the respective group of non-faction MPs.

6. Before the expiry of the term of office of the active Parliament, a non-faction MP/MPs, elected by the nomination of one political party participating independently in the parliamentary elections, the MPs elected by the nomination of which have not formed a parliamentary faction, shall be given an additional 10 minutes when giving a speech during political debates, interpellation, and the reconsideration of a draft law by first reading and by second reading, so that the duration of the speech/speeches of such MP/MPs shall not exceed 15 minutes in total. The same rule shall apply to the procedure carried out in the manner established for political debates or for the first reading of a draft law.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

Rules of Procedure of the Parliament of Georgia No 99 of 28 January 2021 – website, 28.1.2021

Rules of Procedure of the Parliament of Georgia No 528 of 28 May 2021 – website, 28.5.2021

 

Article 2281 – Formation of a parliamentary political group before the recognition of the authority of the Parliament elected in the 2024 elections, and the rights and rules of operation of a parliamentary political group

1. Before the recognition of the authority of the Parliament elected in the 2024 elections, at least two MPs may form a parliamentary political group (‘political group’) in accordance with the requirements determined though the Rules of Procedure for the formation of a faction (except for the requirement for the minimum number of MPs).

2. A political group shall be formed according to the procedure established by the Rules of Procedure for the formation of factions. A political group shall be annulled according to the procedure established by the Rules of Procedure for the annulment of factions if less than two MPs remain in the political group. An MP may join a political group, or a member of the political group may withdraw or be expelled from a political group, according to the procedure established by the Rules of Procedure for joining a faction by an MP, or for withdrawal or expulsion from a faction of a member of the faction, respectively.

3. A political group shall enjoy the same rights as a faction, except for the rights of a faction determined by the Constitution of Georgia. The provisions of the legislation of Georgia (including Article 54 of the Rules of Procedure), which regulate issues related to the activities of a faction, shall apply to the activities of a political group, unless those provisions are at the same time constitutional provisions. The chairperson of a political group shall have the right to attend a sitting of the Bureau of the Parliament with a voting right.

4. The head of a political group shall be the chairperson of the political group. The chairperson of a political group shall be a parliamentary official and shall enjoy the same rights as the chairperson of a faction (including the rights under Article 14(2)(d) of the Rules of Procedure), except for the rights of the chairperson of a faction determined by the Constitution of Georgia. The chairperson of a political group may not hold any other position in the Parliament. The chairperson of a political group shall have the right not to be a member of a committee of the Parliament. The chairperson of a political group may not have a first deputy and a deputy.

5. Before the recognition of the authority of the Parliament elected in the 2024 elections, MPs elected by the nomination of one political party shall not have the right to form more than one political group. In addition, MPs elected by the nomination of one political party shall not have the right to form a political group if the MPs elected by the nomination of the same political party have formed a faction.

6. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP may join only one political group. In addition, a member of a political group may not be at the same time a member of a faction.

7. Before the recognition of the authority of the Parliament elected in the 2024 elections, if a political group fails to meet the requirements of Article 48(2) and Article 49(3) of the Rules of Procedure, and paragraphs 1 and 5 of this article, it shall be refused registration. A political group that has been refused registration shall have the right to raise, at a plenary sitting of the Parliament, the issue of the lawfulness of such decision of the Bureau of the Parliament.

8. Before the recognition of the authority of the Parliament elected in the 2024 elections, an MP who is not a member of any faction or political group shall be called a non-faction MP.

Rules of Procedure of the Parliament of Georgia No 528 of 28 May 2021 – website, 28.5.2021

Rules of Procedure of the Parliament of Georgia No 661 of 11 June 2021 – website, 11.6.2021

Rules of Procedure of the Parliament of Georgia No 1153 of 16 December 2021 – website, 16.12.2021

 

Article 2282 – Temporary procedure for electing a person to a vacant position at the CEC before the 2021 elections of municipal bodies

1. Where the President of Georgia nominates to the Parliament the candidates for a member of the CEC under the Organic Law of Georgia Election Code of Georgia, the Parliament shall elect the member of the CEC within not later than 7 days after such nomination. The procedure for the election of a member of the CEC shall be carried out as provided for by this article and other respective provisions of the Rules of Procedure.

2. When the Parliament elects a member of the CEC, each candidate for CEC membership shall be put to a vote separately. A candidate who is supported by a majority of two thirds of the total number of the Members of the Parliament shall be deemed elected. If the number of candidates exceeds the number of available vacant positions, the candidates with the best results shall be deemed elected. If a successful candidate cannot be identified due to an equal number of votes received by candidates, the candidates shall be put to a vote immediately to identify the successful candidate. If a member of the CEC cannot be elected as a result of voting, the candidates shall be repeatedly put to a vote. A candidate who is supported by a majority of two thirds of the total number of the Members of the Parliament shall be deemed elected as a result of the repeated voting. If, nevertheless, a member of the CEC cannot be elected, another round of voting shall be held. A candidate who is supported by a majority of three fifths of the total number of the Members of the Parliament shall be deemed elected as a result of the said voting. If, nevertheless, a member of the CEC cannot be elected, another round of voting shall be held. A candidate who is supported by a majority of the total number of the Members of the Parliament shall be deemed elected as a result of the said voting. More than one round of voting may not be held during one week. If, nevertheless, a member of the CEC cannot be elected, a competition shall be announced within not later than 3 days, and the procedure for nominating candidates shall start over. The same candidate for a member of the CEC may be nominated only twice.

3. Where the President of Georgia nominates to the Parliament the candidates for the CEC chairperson under the Organic Law of Georgia Election Code of Georgia, the CEC chairperson shall be elected as provided for by this article, according to the procedure established by the Rules of Procedure for the election of a member of the CEC.

4. If a member of the CEC, or the CEC chairperson, is elected by a majority of not less than two thirds of the total number of the Members of the Parliament, his/her term of office shall be 5 years, and in other cases, his/her term of office shall be 6 months.

Rules of Procedure of the Parliament of Georgia No 705 of 28 June 2021 – website, 29.6.2021

 

Article 229 – Final Provisions

1. Upon the entry into force of the Rules of Procedure, the following shall be declared invalid:

a) Rules of Procedure of the Parliament of Georgia of 22 June 2012 (Legislative Herald of Georgia (www.matsne.gov.ge), 3.7.2012, registration code: 010190030.06.001.016009);

b) Law of Georgia on the Status of a Member of Parliament of Georgia of 5 March 1998 (Official Gazette of the Parliament of Georgia, No 13-14, 8.4.1998, p. 201);

c) Law of Georgia on Mandatory Health and Life Insurance of a Member of Parliament of Georgia of 24 June 1999 (Legislative Herald of Georgia, No 30(37), 1999, Art. 160);

d) Law of Georgia on Parliamentary Faction of 16 September 1997 (Official Gazette of the Parliament of Georgia, No 41, 8.10.1997, p. 36);

e) Law of Georgia on the Trust Group of 4 March 1998 (Official Gazette of the Parliament of Georgia, No 13-14, 8.4.1998, p.25).

2. The legal acts issued on the basis of the legislative acts referred to in paragraph 1 of this article shall remain in legal force until their compliance with these Rules of Procedure.

3. These Rules of Procedure, except for Articles 145, 167, 169, 181 and 187, Article 204(2)(f.a), (3)(c) and (4)(d), and Articles 210, 211 and 222 of these Rules of Procedure, shall enter into force upon taking an oath by the President of Georgia elected in the next presidential election of Georgia.

4. Articles 167, 187, 210 and 211 of these Rules of Procedure shall enter into force on 1 January 2019.

5. Articles 145 and 222 of these Rules of Procedure shall enter into force on 1 April 2019.

6. Articles 169 and 181, and Article 204(2)(f.a), (3)(c) and (4)(d) of these Rules of Procedure shall enter into force on 10 May 2019.

Rules of Procedure of the Parliament of Georgia No 6700 of 1 July 2020 – website, 7.7.2020

 

Chairperson of the Parliament of Georgia                                              Irakli Kobakhidze

 

Kutaisi,

6 December 2018

No 3875-რს

54. 20/02/2024 - Rules of Procedure of the Parliament of Georgia - 4037-XIVმს-Xმპ - Website, 20/02/2024 - Amendment contains transitional provision 53. 15/12/2023 - Rules of Procedure of the Parliament of Georgia - 4021-XIIIმს-Xმპ - Website, 15/12/2023 52. 13/12/2023 - Rules of Procedure of the Parliament of Georgia - 3921-XIIIმს-Xმპ - Website, 15/12/2023 51. 29/11/2023 - Rules of Procedure of the Parliament of Georgia - 3765-XIIIმს-Xმპ - Website, 04/12/2023 50. 16/11/2023 - Rules of Procedure of the Parliament of Georgia - 3744-XIIIმს-Xმპ - Website, 20/11/2023 49. 16/11/2023 - Rules of Procedure of the Parliament of Georgia - 3742-XIIIმს-Xმპ - Website, 20/11/2023 48. 15/11/2023 - Rules of Procedure of the Parliament of Georgia - 3667-XIIIმს-Xმპ - Website, 15/11/2023 47. 15/11/2023 - Rules of Procedure of the Parliament of Georgia - 3665-XIIIმს-Xმპ - Website, 15/11/2023 46. 03/07/2023 - Rules of Procedure of the Parliament of Georgia - 3462-XIIრს-Xმპ - Website, 10/07/2023 45. 03/07/2023 - Rules of Procedure of the Parliament of Georgia - 3454-XIIრს-Xმპ - Website, 10/07/2023 44. 28/06/2023 - Rules of Procedure of the Parliament of Georgia - 3338-XIმს-Xმპ - Website, 29/06/2023 43. 13/06/2023 - Rules of Procedure of the Parliament of Georgia - 3126-XIმს-Xმპ - Website, 22/06/2023 42. 13/06/2023 - Rules of Procedure of the Parliament of Georgia - 3133-XIმს-Xმპ - Website, 21/06/2023 41. 13/06/2023 - Rules of Procedure of the Parliament of Georgia - 3128-XIმს-Xმპ - Website, 21/06/2023 40. 31/05/2023 - Rules of Procedure of the Parliament of Georgia - 3099-XIმს-Xმპ - Website, 01/06/2023 39. 02/05/2023 - Rules of Procedure of the Parliament of Georgia - 2773-XIმს-Xმპ - Website, 03/05/2023 38. 22/12/2022 - Rules of Procedure of the Parliament of Georgia - 2525-Xრს-Xმპ - Website, 23/12/2022 37. 15/12/2022 - Rules of Procedure of the Parliament of Georgia - 2433-IXმს-Xმპ - Website, 19/12/2022 36. 01/12/2022 - Rules of Procedure of the Parliament of Georgia - 2287-IXმს-Xმპ - Website, 07/12/2022 35. 30/11/2022 - Rules of Procedure of the Parliament of Georgia - 2230-IXმს-Xმპ - Website, 06/12/2022 34. 30/11/2022 - Rules of Procedure of the Parliament of Georgia - 2229-IXმს-Xმპ - Website, 06/12/2022 - Amendment contains transitional provision 33. 30/11/2022 - Rules of Procedure of the Parliament of Georgia - 2203-IXმს-Xმპ - Website, 05/12/2022 32. 03/11/2022 - Rules of Procedure of the Parliament of Georgia - 2030-IXმს-Xმპ - Website, 03/11/2022 - Amendment contains transitional provision 31. 02/11/2022 - Rules of Procedure of the Parliament of Georgia - 1981-IXმს-Xმპ - Website, 03/11/2022 30. 22/09/2022 - Rules of Procedure of the Parliament of Georgia - 1852-IXმს-Xმპ - Website, 22/09/2022 29. 09/09/2022 - Rules of Procedure of the Parliament of Georgia - 1767-IXმს-Xმპ - Website, 09/09/2022 28. 07/06/2022 - Rules of Procedure of the Parliament of Georgia - 1618-VIIIმს-Xმპ - Website, 09/06/2022 27. 30/12/2021 - Rules of Procedure of the Parliament of Georgia - 1342-VIIრს-Xმპ - Website, 06/01/2022 - Amendment contains transitional provision 26. 17/12/2021 - Rules of Procedure of the Parliament of Georgia - 1170-VIმს-Xმპ - Website, 20/12/2021 25. 16/12/2021 - Rules of Procedure of the Parliament of Georgia - 1153-VIმს-Xმპ - Website, 16/12/2021 24. 28/06/2021 - Rules of Procedure of the Parliament of Georgia - 709-Vრს-Xმპ - Website, 29/06/2021 23. 28/06/2021 - Rules of Procedure of the Parliament of Georgia - 705-Vრს-Xმპ - Website, 29/06/2021 22. 25/06/2021 - Rules of Procedure of the Parliament of Georgia - 692-IVმს-Xმპ - Website, 25/06/2021 21. 11/06/2021 - Rules of Procedure of the Parliament of Georgia - 661-IVმს-Xმპ - Website, 11/06/2021 20. 28/05/2021 - Rules of Procedure of the Parliament of Georgia - 528-IVმს-Xმპ - Website, 28/05/2021 19. 28/05/2021 - Rules of Procedure of the Parliament of Georgia - 527-IVმს-Xმპ - Website, 28/05/2021 18. 16/03/2021 - Rules of Procedure of the Parliament of Georgia - 392-IVმს-Xმპ - Website, 16/03/2021 17. 04/02/2021 - Rules of Procedure of the Parliament of Georgia - 167-IVმს-Xმპ - Website, 04/02/2021 16. 28/01/2021 - Rules of Procedure of the Parliament of Georgia - 99-IIIრს-Xმპ - Website, 28/01/2021 15. 29/09/2020 - Rules of Procedure of the Parliament of Georgia - 7187-Iს - Website, 05/10/2020 14. 16/09/2020 - Rules of Procedure of the Parliament of Georgia - 7136-Iს - Website, 21/09/2020 - Amendment contains transitional provision 13. 03/09/2020 - Rules of Procedure of the Parliament of Georgia - 7083-Iს - Website, 04/09/2020 12. 15/07/2020 - Rules of Procedure of the Parliament of Georgia - 7024-რს - Website, 23/07/2020 11. 14/07/2020 - Rules of Procedure of the Parliament of Georgia - 6822-რს - Website, 21/07/2020 10. 01/07/2020 - Rules of Procedure of the Parliament of Georgia - 6700-რს - Website, 07/07/2020 9. 19/03/2020 - Rules of Procedure of the Parliament of Georgia - 5859-IIს - Website, 19/03/2020 8. 19/02/2020 - Rules of Procedure of the Parliament of Georgia - 5725-IIს - Website, 24/02/2020 7. 11/12/2019 - Rules of Procedure of the Parliament of Georgia - 5492-Iს - Website, 13/12/2019 6. 18/10/2019 - Rules of Procedure of the Parliament of Georgia - 5202-Iს - Website, 18/10/2019 5. 20/09/2019 - Rules of Procedure of the Parliament of Georgia - 5023-Iს - Website, 23/09/2019 4. 29/05/2019 - Rules of Procedure of the Parliament of Georgia - 4619-IIს - Website, 31/05/2019 3. 08/05/2019 - Rules of Procedure of the Parliament of Georgia - 4605-რს - Website, 08/05/2019 2. 01/05/2019 - Rules of Procedure of the Parliament of Georgia - 4528-IIს - Website, 02/05/2019 1. 27/12/2018 - Rules of Procedure of the Parliament of Georgia - 4268-რს - Website, 31/12/2018