საჯარო სამართლის იურიდიული პირის – საქართველოს რეფორმებისა და თანამშრომლობის ორგანიზაციის შექმნის შესახებ

LAW OF GEORGIA

ON THE ESTABLISHMENT OF THE LEGAL ENTITY UNDER PUBLIC LAW CALLED GEORGIA’S REFORMS AND PARTNERSHIP ENTERPRISE

Chapter I - General Provisions

Article 1 - Purpose of the Law

The purpose of this Law is to establish the Legal Entity under Public Law (LEPL), subject to the state control of Government of Georgia, called Georgia’s Reforms and Partnership Enterprise ('the Organisation'), and to determine its legal form, its powers and basic areas, and the principles of its activities.

Article 2 - Legal grounds for the activities of the Organisation

The legal grounds for the activities of the Organisation are the Constitution of Georgia, the treaties and international agreements of Georgia, this Law, the Organisation's statute and other legislative and subordinate normative acts.

Chapter II - Main Provisions

Article 3 - Legal status of the Organisation

1. The Organisation is a legal entity under public law founded on the basis of this Law.

2. The English name of the Organisation is ‘Georgia’s Reforms and Partnership Enterprise’ (GRAPE).

Article 4 - Aim and scope of the activities of the Organisation

1. The aim of the Organisation is to ensure the coordinated provision, to the international community, of information on reforms ('the Georgian Reforms') and innovations implemented in Georgia, and to ensure the promotion of Georgian reforms and innovations in certain interested states, and to facilitate the establishment of Georgian reforms and innovations worldwide as Georgian brands, and to contribute to an international development policy by taking the capabilities of Georgia into account.

2. The scope of activity of the Organisation is to gather, process, analyse and generalise information on Georgian reforms and innovations, and to ensure their promotion and popularisation at the international level, and, where necessary, to provide technical and financial assistance to, or ensure rescue operations in, other states, in order to facilitate the economic and social development of developing partner states and to help them overcome crisis situations.

Article 5 – Functions of the organisation

1. The functions of the Organisation are to:

a) analyse and generalise information on Georgian reforms and innovations received from the state institutions and agencies of Georgia, and develop universal models for their popularisation in other states;

b) support the state institutions and agencies of Georgia in the promotion and popularisation of Georgian reforms and innovations in other states;

c) determine brand names, slogans and potential areas for the application of relevant Georgian reforms;

d) maintain relationships with relevant authorities of other states in order to promote the implementation of Georgian reforms and innovations in their states;

e) participate in the coordinated activities of donor organisations on the basis of the needs assessments of various regions of the world by taking into account the capabilities of Georgia in the achievement of the goals of an international development policy;

f) cooperate with international organisations in order to provide them with information on Georgian reforms and innovations.

2. In order to perform the functions provided for in paragraph 1 of this article the Organisation shall ensure:

a) the collection and processing of information from the state institutions and agencies of Georgia on reforms implemented or innovations introduced by them (including the translation of said information into appropriate languages);

b) the establishment of working groups, where necessary, for each Georgian reform and innovation;

c) the organisation of international meetings (seminars, symposia, etc.) related to Georgian reforms and innovations;

d) the organisation of summer schools on Georgian reforms and innovations for persons employed in the public sector of other states;

e) the provision of assistance to partner states in the fields of education, health care, social security and sustainable development;

f) the provision of assistance to the governments of partner states in order to eradicate the consequences of natural and man-made disasters, including by means of coordinating assistance schemes together with donor organisations;

g) close cooperation for ensuring the advanced training of young professionals and public servants from partner states by organising special training courses, seminars and symposia;

h) the sending of public servants abroad for training courses, seminars and other advanced training courses;

i) the issuance of grants;

j) the exercise of other powers as provided for by the legislation of Georgia in order to promote Georgian reforms and innovations.

3. The procedures and conditions for awarding grants by the Organisation shall be approved by the Government of Georgia.

Article 6 - Management and representation of the Organisation

1. The Organisation shall be headed by the chairperson who shall be appointed and dismissed by the Prime Minister of Georgia.

2. The chairperson of the Organisation may not be engaged in entrepreneurial activities, or be a member of the management, supervisory or auditing bodies of an entrepreneurial organisation subject to this provision. The chairperson of the Organisation may, at the same time, occupy any position in public service.

3. The chairperson of the Organisation shall:

a) represent the Organisation;

b) manage the activities of the Organisation;

c) make decisions (issue individual legal acts) on matters within the scope of authority of the Organisation;

d) appoint and dismiss employees of the Organisation;

e) manage the funds and property of the Organisation under procedures provided for by the legislation of Georgia;

f) exercise other powers provided for by the statute of the Organisation and the legislation of Georgia.

4. The management board shall determine the priority areas and strategy of the activities of the Organisation. The Prime Minister of Georgia shall head the management board and determine its composition. The management board may include employees of the Organisation, representatives of the state institutions of Georgia, and Georgian and foreign experts and specialists.

Article 7 - Structure of the organisation

The structure of the Organisation and other matters related to its activities shall be defined by the statute of the Organisation, which shall be approved by the Government of Georgia.

Article 8 - Property of the Organisation

The Organisation owns property in order to achieve its goals and perform its functions. The procedures for the formation of property of the Organisation shall be determined by the legislation of Georgia.

Article 9 – Funding of the Organisation

1. The Organisation shall be funded from the following sources:

a) targeted funds allocated from the State Budget of Georgia;

b) fees for services rendered by the Organisation, which shall be determined by the Government of Georgia;

c) loans and grants;

d) other income permitted by the legislation of Georgia.

2. The funds and income referred to in paragraph 1 of this article shall be used solely for the achievement of the goals and the performance of the functions of the Organisation.

Article 10 – State oversight of the Organisation

State oversight of the Organisation shall be performed by the Government of Georgia, which shall supervise the legality, appropriateness and efficiency of the activities of the Organisation, as well as its financial and economic activities, and the Government of Georgia may suspend or cancel any unlawful decisions by the Organisation.

Article 11 - Procedures for the termination of activities and the liquidation of the Organisation

The termination of activities and the liquidation of the Organisation shall be carried out under procedures determined by the legislation of Georgia.

Chapter III - Transitional and final provisions

Article 12 - Transitional provisions

1. The Government of Georgia shall, within 30 days after the promulgation of this Law, approve the statute of the LEPL called Georgia’s Reforms and Partnership Enterprise.

2. The Prime Minister of Georgia shall, within 30 days after the promulgation of this Law, appoint the chairperson of the LEPL called Georgia’s Reforms and Partnership Enterprise.

3. The Ministry of Economy and Sustainable Development of Georgia shall, within 30 days after the promulgation of this Law, ensure the transfer to the Organisation of the property necessary for the operation of the LEPL called Georgia’s Reforms and Partnership Enterprise in accordance with procedures determined by the legislation of Georgia.

Article 13 - Entry into force of the Law

1. This Law, except for Articles 1 to 11 of this Law, shall enter into force upon its promulgation.

2. Articles 1 to 11 of this Law shall enter into force on the 30^th day after its promulgation.

President of Georgia                                                                                                                                                       M. Saakashvili

Tbilisi,

24 April 2012

No 6059- Iს