საპარლამენტო ფრაქციის შესახებ

LAW OF GEORGIA

ON PARLIAMENTARY FACTION

Chapter I - General Provisions

Article 1 - Parliamentary faction

A parliamentary faction (faction) is a union of MPs for the purposes of achieving common political goals.

Law of Georgia No1067 of 10 March 2005 - LHG I, No 11, 29.3.2005, Art. 66

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 2 - Scope of the Law

This Law defines procedures for forming, registering, operating and dismissing a faction, and powers of a faction, as well as the legal state of a parliamentary coalition, and the coalition of majority and minority.

Law of Georgia No 171 of 24 February 2000 – LHG I, No 8, 15.3.2000, Art. 16

Law of Georgia No 1364 of 10 April 2005 – LHG I, No 9, 26.4.2002, Article 42

Article 3 - Legislation of Georgia on factions

The legislation of Georgia on factions comprises the Constitution of Georgia, this Law, other legislative and normative acts and the Parliamentary Rules.

Article 4 - Goals of a faction

Goals of a faction are to:

a) express and implement its own policy in a legislative body with regard to foreign and domestic affairs of the country;

b) participate in the improvement of activities of Parliament and its bodies, and facilitate the demonstration of capacities by Members of Parliament to the extent possible, and take part in fostering their activeness, also contribute to the compliance with requirements of the Parliamentary Rules and standards of parliamentary behaviour by Parliament and its bodies;

c) express an opinion agreed within a faction on the performance of legislative drafting, which represents the main function of Parliament.

Chapter II - Procedures for the Formation and Dismissal of a faction

Article 5 - Conditions for the formation of a faction

1. Not less than six MPs whose authority is recognised by Parliament shall have the right to form a faction.

2. A Member of Parliament may join only a single faction.

3. A faction may be formed both on party and non-party basis.

4. It shall be inadmissible to create a union in the form of a faction, which aims at protecting personal, professional, domestic or religious interests.

5. Members of a single party elected through a single party list may form only a single faction. A Member of Parliament, except for a Member of Parliament elected through the majoritarian electoral system, shall not have the right to become a member of another faction if members of his/her party have formed a faction.

Law of Georgia No 1067 of 10 March 2005 - LHG I, No 11, 29.3.2005, Art. 66

Law of Georgia No 44 of 20 June 2008 - LHG I, No 11, 4.7.2008, Art. 85

Law of Georgia No 401 of 23 October 2008 – LHG I, No 29, 4.11.2008, Article 175

Article 6 – Formation of a faction

1. A group of Members of Parliament intending to form a faction shall develop a political platform and a statute of the faction.

2. A faction shall be deemed formed from the moment of adopting the political platform and the statute of the faction by not less than six Members of Parliament united in the faction.

3. A newly formed faction shall elect a chairperson of the faction from among its composition. Rules and procedures for electing a chairperson shall be determined by the statute of the faction.

4. Registration of a newly formed faction shall be mandatory.

Law of Georgia No 44 of 20 June 2008 - LHG I, No 11, 4.7.2008, Art. 85

Law of Georgia No 401 of 23 October 2008 – LHG I, No 29, 4.11.2008, Article 175

Article 7 - Registration of a faction upon the first meeting of a newly elected parliament

Upon the first meeting of a newly elected parliament, a chairperson of a faction shall apply to the Temporary Mandates Commission of Parliament for registering the faction. The application shall contain the official name of the faction, and the identity of its chairperson, and other management and members. The application shall be appended by the political platform and the statute of the faction. The matter related to the registration of a faction shall be immediately examined and a decision shall be taken by a Temporary Mandate Commission of Parliament. If a Temporary Mandate Commission does not take any decision at the very first meeting of Parliament, a faction shall be deemed registered from the moment of the submission of documentation. A faction which has been refused to be registered shall be entitled to raise the matter of lawfulness of the decision of the Temporary Mandate Commission at a plenary meeting of Parliament.

Law of Georgia No 2885 of 14 April 2006 – LHG I, No 11, 1.5.2006, Article 81

Article 8 - Procedures and conditions for the registration of a faction

1. For the purposes of the registration of a faction, the chairperson of a faction shall apply to the Chairperson of Parliament within one week after the formation of the faction, except for the case provided for by Article 7 of this Law. The application shall contain the official name of the faction, and the identity of its chairperson and other managing persons and members. The application shall be appended by the political platform and the statute of the faction. The Chairperson of Parliament shall immediately forward the documentation submitted for registration of a faction to the Procedural Issues and Rules Committee of Parliament, which shall submit its opinion to the Bureau of Parliament at the nearest meeting. Unless the Bureau of Parliament takes a different motivated decision during the examination of an opinion of the said Committee, the faction shall be deemed registered from the moment of submitting documentation to the Chairperson of Parliament. The decision of the Bureau of Parliament shall be notified to Parliament at the nearest plenary session and shall be published on the website of Parliament.

2. A faction shall be refused to be registered if it does not meet the requirements under Article 5(4) and Article 6(1) and (2) of this Law. A faction which has been refused to be registered shall be entitled to raise the matter of lawfulness of a decision of the Bureau of Parliament at a plenary session of Parliament.

Law of Georgia No 2885 of 14 April 2006 – LHG I, No 11, 1.5.2006, Article 81

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 8¹ - Joining a faction

1. A Member of Parliament intending to join a faction shall apply to the chairperson of the faction in writing.

2. The faction shall examine the application by an MP in accordance with the procedures established by the statute of the faction and shall take an appropriate decision.

3. The chairperson of the faction shall send a written notification to the Procedural Issues and Rules Committee and the Organisational Department of the Office of Parliament on the recruitment of a new member of a faction within three days.

Law of Georgia No 2885 of 14 April 2006 – LHG I, No 11, 1.5.2006, Article 81

Article 9 - (Deleted)

Law of Georgia No 2885 of 14 April 2006 – LHG I, No 11, 1.5.2006, Article 81

Article 10 - Changes in a faction

1. A Member of Parliament shall be entitled to move from a faction at any time without any motivation on which he/she shall send a written notification to the Procedural Issues and Rules Committee and the Organisational Department of the Office of Parliament within three days. The Procedural Issues and Rules Committee shall notify Parliament thereon at the nearest plenary session.

1¹ . An application of a member of the faction on leaving the faction shall enter into force on the seventh day from submitting the application.

2. A faction shall be authorised to recruit a new member or expel a member from the faction in the cases provided for by the statute of the faction.

3. The chairperson of the faction shall send a written notification on the expulsion of a member from the faction to the Procedural Issues and Rules Committee and the Organisational Department of the Office of Parliament within three days.

4. The Chairperson of Parliament and the Procedural Issues and Rules Committee shall be notified within three days on the election, dismissal, and resignation of the chairperson of Parliament and other managing persons, and on changes in the composition of the faction, as well as on the amendments made into a certificate of incorporation of the faction.

5. The Procedural Issues and Rules Committee shall notify Parliament on the changes referred to in Article 8¹ of this Law and paragraphs 1-4 of this article. Such information shall be published on the website of Parliament.

Law of Georgia No 2885 of 14 April 2006 – LHG I, No 11, 1.5.2006, Article 81

Law of Georgia No 44 of 20 June 2008 - LHG I, No 11, 4.7.2008, Art. 85

Law of Georgia No 401 of 23 October 2008 – LHG I, No 29, 4.11.2008, Article 175

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 11 - Dismissing a faction  

If less than six MPs remain in the faction as a result of the leaving of a faction by its member or the expulsion of a member from the faction, the faction shall be deemed dismissed on the seventh day after submitting an application on the leaving of the faction by the member or the expulsion of the member from the faction. During this period, the faction shall retain the rights provided for by the Parliamentary Rules of Parliament of Georgia. The Procedural Issues and Rules Committee shall notify Parliament on the dismissal of the faction at the nearest plenary session.

Law of Georgia No 2885 of 14 April 2006 – LHG I, No 11, 1.5.2006, Article 81

Law of Georgia No 44 of 20 June 2008 - LHG I, No 11, 4.7.2008, Art. 85

Law of Georgia No 401 of 23 October 2008 – LHG I, No 29, 4.11.2008, Article 175

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Chapter III - Powers of Faction

Article 12 - Determination of powers of a faction

A faction shall exercise powers provided for by Article 6(1) and (3), Article 8(2) and Article (10)(2) of this Law from the moment of its formation. The faction shall obtain all other powers only after it has been registered in accordance with the established procedures.

Article 13 - Right to offer a legislative initiative

In accordance with Article 67 of the Constitution of Georgia, a faction shall have the right to a legislative initiative.

Article 14 - Right to ask questions

A faction shall be entitled to ask questions to a body accountable to Parliament, the Government of Georgia, and separate members of the Government of Georgia. They are obliged to respond to questions.

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 15 - Right to have representatives in parliamentary bodies

1. A faction shall participate in the activities of parliamentary committees, investigation and other temporary commissions, and in the activities of the parliamentary delegations through its representatives.

2. As a rule, the number of representatives of a faction shall be determined in proportion with the number of MPs united in a faction.

3. A member nominated in a parliamentary body by a faction shall terminate his/her activities in the case of his/her expulsion from the faction, his/her leaving of the faction, or in the case of his/her withdrawal from the body by the faction in accordance with the procedures established by legislation. The faction shall be entitled to nominate a new candidate, and the head of a relevant parliamentary body shall notify Parliament thereon.

4. In the case of forming, merging, dividing or dismissing factions, the Bureau of Parliament shall distribute the quotes of proportional representation. If a faction does not agree with the decision of the Bureau, the matter shall be settled at a parliamentary meeting.

5. If norms specifying quotes are changed, personal matters related to representation of a faction in parliamentary bodies shall be resolved by an appropriate faction.

6. (Deleted – 22.06.2012, No 6534).

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 16 - Right to disseminate information

1. A faction shall be entitled to publish its opinion on the website of Parliament, via mass media, and issue an information bulletin.

2. Upon request, the Office of Parliament is obliged to distribute an official address of a faction among Members of Parliament.

3. All documents distributed by a faction shall be signed by the head of the faction.

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 17 - Right to participate in parliamentary and committee meetings

A faction shall be entitled to express its opinion during parliament and committee meetings with regard to candidates to be elected, appointed or approved by Parliament in accordance with the procedures provided for by the Parliamentary Rules, and to participate in disputes, request the holding of political debates, and to exercise other powers granted by legislation.

Article 17¹ - Right to enter penitentiary facilities without a special permit

A faction shall be entitled to raise a question of granting an MP who is a member of the faction the right to enter penitentiary facilities operating in Georgia without a special permit in accordance with the procedure established by the Parliamentary Rules of Georgia, to the extent it is necessary for its activities.

Law of Georgia No 255 of 20 April 2000 – LHG I, No 16, 2.5.2000, Article 40

Law of Georgia No 2699 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 48

Law of Georgia No 3535 of 1 May 2015 – web-site, 18.5.2015

Article 18 - Statute of faction

1. Internal organisational matters of a faction shall be regulated by a Statute of a faction in accordance with the Constitution of Georgia, this Law, and other legislative acts and the Parliamentary Rules.

2. A statute of a faction shall define procedures for the formation of a faction, for introducing changes in the composition of a faction, and the powers of members of a faction. Goals and objectives, structure and legal state of structural units of a faction, as well as procedures for general and partial revision of a statute shall be also defined.

3. A decision on the introduction of amendments into and additions to the statute of a faction shall be made by a meeting of the faction.

Chapter IV - Structure of Factions

Article 19. Meetings of factions

1. The highest body of a faction is a meeting of the faction.

2. A meeting of a faction shall be open. In the case provided for by a statute, a closed meeting may be announced.

3. Periodicity of convening meetings of a faction shall be determined by the statute of the faction.

4. A meeting of a faction shall be entitled to:

a) resolve matters related to the unification of a faction in a parliamentary majority or a parliamentary minority;

b) introduce amendments and additions to a statute of a faction;

c) make a decision on expressing a common position of a faction regarding the matter to be discussed at a parliamentary meeting;

d) elect officials of a faction;

e) resolve other matters related to activities of a faction.

Law of Georgia No 171 of 24 February 2000 - LHGI, No 8, 15.3.2000, Art. 16

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 20 - Management of factions

1. Management of a faction shall comprise: a chairperson, a deputy chairperson and a secretary of a faction.

2. A chairperson of a faction shall:

a) manage activities of a faction;

b) represent a faction in and outside Parliament;

c) be a member of the Bureau of Parliament due to his/her official position;

d) lead meetings of a faction;

e) exercise other powers defined by the statute of a faction.

3. A deputy chairperson of a faction shall manage certain fields of activities of the faction by the instruction of the chairperson of the faction, and, as far as it is necessary, shall perform duties of the chairperson of the faction in accordance with the procedures established by the statute.

4. A secretary of a faction shall perform assignments of the chairperson and the deputy chairperson of a faction, and shall manage inter organisational activities of a faction, and exercise other powers granted to him/her by the statute.

5. Procedures for electing bodies and management of a faction and their competence shall be determined by the statute of the faction.

Chapter V - Guarantees for Activities of Factions

Article 21 - Ensuring the performance of activities by a faction

1. Appropriate conditions shall be created and appropriate amount shall be allocated in order to ensure the performance of activities by a faction.

2. An appropriate place shall be allocated for a faction in a meeting hall of Parliament, and a working area shall be allocated in the building of Parliament.

3. Activities of a faction shall be provided by the Office of the faction. A payroll of the staff of the Office of the faction, which is determined in proportion with the representation of the faction, shall be approved by the Bureau of Parliament upon the recommendation of the Board of Treasurers of Parliament.

4. Staff of the Office of the faction shall be recruited and dismissed from office by the head of the Office of Parliament upon the recommendation of the chairperson of the faction, on the basis of a fixed-term labour agreement (contract), in accordance with the procedure established for such agreements by the labour legislation.

5. As a rule, the number of staff of the Office of the Faction, the working area allocated in the building of Parliament and the amount allocated for ensuring the implementation of activities by a faction shall be determined in proportion with the number of MPs united in the faction.

Law of Georgia No 1983 of 28 May 1999 - LHG I, No 20(27), 9.6.1999, Art. 80

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Chapter VI - Parliamentary Majority and Parliamentary Minority

Law of Georgia No 8 of 25 November 1999 - LHG I, No 45(52), 26.11.1999, Art. 234

Law of Georgia No 171 of 24 February 2000 – LHG I, No 8, 15.3.2000, Art. 16

Law of Georgia No 1364 of 10 April 2002 – LHG I, No 9, 26.4.2002, Article 42

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 22 - (Deleted).

Law of Georgia No 171 of 24 February 2000 – LHG I, No 8, 15.3.2000, Art. 16

Law of Georgia No 1364 of 10 April 2002 – LHG I, No 9, 26.4.2002, Article 42

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 23 - Parliamentary majority

1. If the total number of MPs united in a faction exceeds half of the full members on the current list of MPs, the faction shall acquire the status of a parliamentary majority.

2. A parliamentary majority may be formed by factions and MPs who are their followers and who are not united in any faction, if the total number of MPs united in factions exceeds half of the full members on the current list of MPs.

Law of Georgia No 171 of 24 February 2000 – LHG I, No 8, 15.3.2000, Art. 16

Law of Georgia No 1364 of 10 April 2002 – LHG I, No 9, 26.4.2002, Article 42

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 24 - Parliamentary minority

1. In the case of forming a parliamentary majority, a parliamentary minority may be also be created.

2. If the total number of MPs united in a faction exceeds half of the number of MPs remaining outside the parliamentary majority, a faction shall acquire the status of a parliamentary minority upon its own request.

3. A parliamentary minority may be formed by factions and their supporter MPs who are not united in any faction if the total number of MPs united in factions exceeds half of the number of MPs remaining outside the parliamentary majority.

Law of Georgia No 8 of 25 November 1999 - LHG I, No 45(52), 26.11.1999, Art. 234

Law of Georgia No 171 of 24 February 2000 – LHG I, No 8, 15.3.2000, Art. 16

Law of Georgia No 1364 of 10 April 2002 – LHG I, No 9, 26.4.2002, Article 42

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 25 - Registration of a parliamentary majority and a parliamentary minority

1. A parliamentary majority and a parliamentary minority shall gain power after they are registered by the Bureau of Parliament.

2. For registration, the leader of a parliamentary majority and the leader of a parliamentary minority shall submit applications to the Bureau of Parliament, which shall specify identities of the leader of a parliamentary majority and the leader of a parliamentary minority and their members, respectively.

3. Applications shall be attached by political platforms and provisions of a parliamentary majority and a parliamentary minority, signed by the leader of a parliamentary majority and the leader of a parliamentary minority, and by the chairpersons of factions united in the majority and in the minority, respectively.

4. Procedures for the formation and registration of a parliamentary majority and a parliamentary minority shall be determined by Articles 7 and 8 of this Law.

Law of Georgia No 8 of 25 November 1999 - LHG I, No 45(52), 26.11.1999, Art. 234

Law of Georgia No 171 of 24 February 2000 – LHG I, No 8, 15.3.2000, Art. 16

Law of Georgia No 1364 of 10 April 2002 – LHG I, No 9, 26.4.2002, Article 42

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Article 25¹ - Offices of parliamentary majority and parliamentary minority

1. Activities of a parliamentary majority and a parliamentary minority shall be performed by their offices which shall be established in accordance with the determined procedures.

2. The number of staff members of offices of a parliamentary majority and a parliamentary minority shall be determined by the number of staff members of offices of factions united in the majority and in the minority, respectively.

3. Internal organisational matters of a parliamentary majority and a parliamentary minority shall be regulated and procedures for their activities shall be determined by their statutes.

Law of Georgia No 1364 of 10 April 2002 – LHG I, No 9, 26.4.2002, Article 42

Law of Georgia No 6534 of 22 June 2012 - website, 3.6.2012

Chapter VII - Final Provisions

Article 26 - Entry of the Law into force

1. This Law shall enter into force upon its promulgation.

2. The Law of Georgia on Parliamentary Faction of 21 December 1995 shall be declared invalid.

President of Georgia                                                                                      Eduard Shevardnadze

Tbilisi

16 September 1997

No 848– I ს