THE RULES OF PROCEDURE OF THE PARLIAMENT OF GEORGIA

  

PART I 

GENERAL PROVISIONS

CHAPTER I 

The Basis for the Activities of the Georgian Parliament 

      

Article 1

1. The Georgian Parliament (hereinafter referred to as “Parliament”) is the supreme representative body of the country, which exercises legislative power and determines the principal directions of the country’s domestic and foreign policy, controls the activities of Government as provided in the Constitution and exercises other powers determined by the Constitution and other legal acts, including the Rules of Procedure of the Parliament (hereinafter referred to as Rules of Procedure).

2. Parliament consists of 77 MPs elected by the proportional system and 73 MPs elected by the majority system. Parliament serves four-year office term;

3. President of Georgia can dissolve Parliament only in the cases envisaged in the constitution of Georgia, except:

a) Within 6 months after the Parliamentary elections, if the dismissal is not based on the Article 80 of the Constitution of Georgia;

b) When Parliament exercises its power as provided in the Article 63 of the constitution of Georgia;

c) In the state of emergency or war;

d) During last 6 months of the term of office of the President of Georgia, if the dismissal is not based on the Article 80 of the Constitution of Georgia;

4. The State grants the security of the Parliament, thereby ensuring that its activities are unimpeded.

5. The main principles of the work of the Parliament are:

a) Multiparty system;

b) Ensuring representative proportionality;

c) Free and collective discussion and resolution of issues;

d) Consistently comply with the constitution of Georgia, the laws of Georgia, the Rules of Procedure and other normative acts, and controlling their fulfillment;

e) Complying with the universal norms of international law and respecting them;

f) Transparency;

g) Community of interests of the State and the people.

6. The Parliament is authorized to adopt the Constitution of Georgia, constitutional law, constitutional agreement, organic law, law, the Rules of Procedure of the Parliament, decree, resolution, declaration, appeal, statement and other decision, also hear and recognize the information, work out the recommendations.

7. The Parliament works on the state language of Georgia.

8. The Parliament, its bodies and the officials guide their activities by the constitution of Georgia, the Rules of Procedure and other normative acts.

9. The Rules of Procedure is the legislative act with the power equal to the law, which determines

the rules and procedures of exercising the powers of the Parliament, internal structure of the Parliament, and is obligatory for all MPs, Committees, Investigative and other ad-hoc commissions, Parliamentary Factions, Majority and Minority, Inter-Faction groups (hereinafter refereed as subjects of the Parliament), also within the defined scopes of the Constitution of Georgia and other legal acts is obligatory for the President of Georgia, the Government, all bodies under the control of the Parliament, institutions, organizations and officials, officials and bodies of the Autonomous Republics of Abkhazia and Adjara, local self-government bodies and officials.

10. Authorities of a Member of the Parliament (MP), committee, Parliamentary faction (hereinafter – faction), Parliamentary majority, minority (hereinafter – Majority, Minority), investigative and other temporary commissions are determined by the Constitution of Georgia, the Rules of Procedure and other normative acts.

11. The Parliament makes decision by decree on all issues concerning the activities of the Parliament that are not determined by the Rules of Procedure and other legislative acts. 

 

CHAPTER II 

Constitutional Prerogatives of the Parliament

 

Article 2

The constitutional prerogative of the Parliament is only its special powers to serve the interests delegated by the people of Georgia to it as to the supreme legislative authority, as determined by the Rules of Procedure, exercise Parliamentary control and determine the country’s domestic and foreign policy according to the forms and the rules established by the Constitution and other legislative and bylaws of Georgia. 

Article 3

The prerogatives of the Parliament are:

a. Making general or partial amendments to the Constitution of Georgia;

a¹. Adopting Constitutional Agreement;

b. Legislative activities;

c. Determining the principal directions of the country’s domestic and foreign policy;

d. Hearing the annual reports of the President of Georgia;

e. Approving the structure, powers and the rules of work of the Government of Georgia;

f. Giving a vote of confidence on the composition of the Government of Georgia. Giving a vote of no confidence to the Government.

g. Requesting the submission of the report to the Government of Georgia on the process of implementation of the Government's program and its hearing;

h. Electing officials, giving the approval on the appointment, dismissal and resignation from the occupied positions, as defined by the Constitution of Georgia and other legal acts;

i. Exercising control over the activities of the Government of Georgia;

j. Exercising Parliament's control over officials and bodies accountable and responsible to Parliament;

k. Ratification or accession to international treaties by Georgia, their denouncement and abolishment;

l. Determining the status of state borders of Georgia;

m. Approving the amount of military forces;

n. Approving the national security and other concepts.

o. Approving the decision of the President of Georgia to institute state of emergency or martial law, war or truce;

p. Approving the use of military forces in the state of emergency or for the execution of international duties;

q. Approving the decision of the President of Georgia to bring in, use and move the military forces of a foreign country on the territory of Georgia;

r. Determining internal structure of the Parliament, authorities and rules of operation;

s. Confirming and voiding ahead of time the authority of the Members of the Parliament;

t. Electing, dismissing, removing Parliamentary officials according to this Rules of Procedure;

u. Holding regular or extraordinary sessions or plenary sittings of the Parliament according to the constitution of Georgia and this Rules of Procedure;

v. Impeaching officials as provided in the Constitution of Georgia;

w. Adopting the law on the State Budget and exercising the Parliamentary control over its implementation;

w¹. Electing the members of the Public Broadcaster's Board, voiding ahead of time authority of the individual board members and declare no confidence to the Board;

w². Electing Personal Data Protection Inspector;

3(Deleted - 01.03.2017, №348);

w​4. Appointing the Head of the State Security Service of Georgia State Security on the position and dismissal; hearing annual reports on the activities of the State Security Service of Georgia;

x. Adopting the Constitution of Adjara Autonomous Republic;

u. Determining the basic priorities of the State’s monetary policy;

v. Hearing the annual report on the activities of the National Bank of Georgia;

v¹. Hearing the annual report of the Personal Data Protection Inspector

w. Determining the rules on types, amounts and introduction of the taxes and duties, making the decisions on tax and duty exemptions, determining the rules on introduction of fees and making relevant decision on extracting the additional expenses from the State Treasury;

x. Hearing the reports of the officials in the cases and according to the rules determined by the Constitution of Georgia, laws of Georgia and this Rules of Procedure;

y. Consenting the decision of the President of Georgia on the termination or dismissal of self-governance bodies or other representative bodies of territorial units;

z. Approving the decisions of the President on issues set forth in Article 46 of the Constitution of Georgia;

aa. Exercising other authorities as provided in the constitution of Georgia and other legislative acts.

The Rules of Procedure of the Parliament of Georgia as of May 31, 2013, # 675 - website, 11.06.2013 

 

CHAPTER III

Location of the Parliament, the Sitting Hall and the Rites

 

Article 4

1. Parliament is located in the Kutaisi city, Palace of the Parliament;

2. A temporary change of the Parliament’s location for the purpose of calling a sitting or a session is permissible only in the state of emergency or martial law. Decision of the temporary change of the location of the Parliament is made by the Chair of the Parliament in the week of plenary sittings or by the President of Georgia in the cases envisaged in the paragraph 2 of the Article 61 of the Constitution of Georgia.

3. National anthem of Georgia is performed in the sitting hall at the opening and closing of the session.

4. The offices of MPs and other Parliamentary officials have the national flag and the state emblem.

Article 5

1. The Chair of the Parliament sits in center of the presidium in the Sitting Hall, and in cases set forth in paragraph 1 of Article 134, also one of his/her deputies.

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

3. The President’s entrance in the Sitting Hall bears a special importance and is announced by the Chief Guard (Mandaturi).

4. Speeches and actions offensive to the honour and dignity are not permitted in Parliament.

5. Platform for speechmakers is placed in front of the presidium.

6. An MP may only sit in the place accorded to him/her.

7. Special sits are reserved in the Sitting Hall for the members of the Government of Georgia, heads of other bodies of the executive branch of government and their deputies, for accredited representatives of the diplomatic corps in Georgia invited to the plenary session, official and honorable guests of the Parliament, responsible officials of the office of the Parliament, representatives of the mass media, also citizens who wish to attend the session, adhering to the rules of the Parliament.

8. Business style or national outfit in the plenary sessions is the accepted dress code.

9. The original of the Georgian Constitution and the book of honorable guests of the Parliament are kept in a place of honour in the Palace of the Parliament.

The Rules of Procedure of the Parliament of Georgia as of March 22, 2013, # 6381 - website, 28.03.2013 

Article 6

1. Order of Freedom of Georgia and Parliament Medal is established in the Parliament.

2. Order of Freedom of Georgia is awarded to the citizen of Georgia, stateless persons and foreigners for their remarkable contribution in the parliamentarianism, development of country, freedom and democracy, tolerance and human rights protection, implementation of the tasks defined by the Parliament.

3. The Public Servant of the Office of the Parliament is awarded with Parliament medal for the most significant contribution in the implementation of activities by the Parliament.

4. Chair of the Parliament in agreement with the Bureau decides on awarding the person with the Order of Freedom of Georgia

5. Chair of the Parliament upon the proposal of the Head of the Office of the Parliament decides on awarding the person with the Parliament Medal.

6. Chair of the Parliament determines by order the rule of awarding persons with the Medal of Freedom, amount of cash award and description of the Order of Freedom of Georgia. 

Article 7

1. Public representatives, may be invited to the Sitting Hall for the specified period of time to intrdouce them to the work of the Parliament.

2. Upon the decision of the Chair of the Parliament separate event may be held in the Parliament, including excursions and award ceremonies. 

 

PART II

SUBJECTS OF THE PARLIAMENT AND THEIR AUTHORITIES

CHAPTER IV 

Member of the Parliament, Status of Member of the Parliament

Article 8

1. The term of office of an MP starts at the moment of taking an oath and ends at the first convention of a new Parliament.

2. The powers of an MP are terminated ahead of time as provided in this Rules of Procedure if:

a. Powers are terminated by his/her personal decision;

b. Court decision recognizing him/her guilty comes into legal force;

c. Court announces him/her as missing, deceased or as a beneficiary of support, unless otherwise determined under the court decision;

d. S/he takes a position incompatible to the status of an MP or carries out business activities incompatible to it;

e. S/he loses Georgian citizenship;

f. S/he does not participate in Parliament’s work for four months for unjustifiable reasons;

g. S/he passes away.

3. Parliament decides the confirmation or early termination of an MP’s powers except the cases provided in this Rules of Procedure. This decision of the Parliament may be appealed in the Constitutional Court.

4. Parliament votes for a relevant decision when deciding the confirmation or termination of powers of an MP.

5. The President of Georgia, one-fifth of enlisted members, also a citizen, whose powers as of an MP were not confirmed or were terminated ahead of time by Parliament, may submit a constitutional claim to the Constitutional Court on the constitutionality of the decision of the Parliament on confirmation or early termination of the MP’s powers.

Article 9

1. The Committee on Procedural Issues and Rules, except the cases set forth in the Article 122 of this Rules of Procedure, studies and discusses the issue of confirmation or termination ahead of time the powers of an MP according to the rules established by the Rules of Procedure, prepares the relevant conclusion and submits it to the Bureau of the Parliament for the parliamentary review. The Parliament decides on the confirmation or termination ahead of time the powers of an MP according to the rules set forth by this Rules of Procedure.

2. If an MP does not participate in Parliament’s work for four months for unjustifiable reasons, in case of having relevant information, the Committee on Procedural Issues and Rules finds out the reason of absenteeism within 10 days upon receipt of the information. In case the reason is unjustifiable, the Committee prepares a relevant conclusion.

3. If an MP carries out entrepreneurial activities, within 10 days of the disclosure of the fact, the Committee on Procedural Issues and Rules requests the case-related documents, gets his/her explanations and prepares a relevant conclusion.

4. If an MP lost Georgian citizenship, or court recognizes him/her as missing, dead or as a beneficiary of support, within 10 days of the disclosure of the fact, the Committee on Procedural Issues and Rules requests the documentary proof on this fact, examines their validity and prepares a relevant conclusion.

5. If court decision recognizing an MP guilty, comes into legal force, within 15 days of its coming into force, the Committee on Procedural Issues and Rules requests the court decision and immediately prepares relevant conclusion.

6. Written statement of an MP on the rejection of his/her powers is submitted to the Chair (Speaker) of the Parliament, who immediately transfers it to the Committee on Procedural Issues and Rules. Within 15 days the committee examines the validity of the statement, studies the circumstances, which served as the basis for the statement, and presents the relevant conclusion. Within 7 days of the submission of the statement on rejection of the powers to the Chair (Speaker) of the Parliament, the MP may request back his/her statement and continue exercising his/her authority.

7. When an MP passes away, next day his/her powers are terminated ahead of time. When the MP passes away, the Committee on Procedural Issues and Rules requests the certificate of death and immediately informs the Bureau of the Parliament about receiving the certificate. The committee reports to Parliament on this at the next plenary sitting and this information is written down in the protocol of the sitting.

8. In case Parliament elects, appoints, or confirms an MP on the position incompatible to the status of the Member of the Parliament, the note is made in the same decision on early termination of his/her powers at the moment this decision comes into force.

9. In case of giving Parliament’s consent to appointment of an MP on the position incompatible to the status of the MP, also in case of giving Government a vote of confidence (if an MP is proposed in the composition of Government), In case of electing, appointing or confirming an MP on the position incompatible with the status of the MP, except for the cases set forth in paragraphs 8, the Committee on Procedural Issues and Rules immediately studies the case of incompatibility and submits its conclusion to the Bureau of the Parliament.

10. Based on the conclusion provided by the Committee on Procedural Issues and Rules as set forth in paragraphs 1of this article, Bureau of the Parliament puts on the agenda of the next plenary sitting the issue of confirmation or early termination of powers of an MP. Parliament shall immediately discuss the issue of confirmation or early termination of powers of the MP. It is not permitted to vote on other issues on the agenda before Parliament makes decision on the issue of confirmation or early termination of powers of the MP. 

Article 10

1. It is not permitted to combine entrepreneurial activity or any position in Civil Service with the status of the MP. The cases of incompatibility are determined in the Constitution of Georgia, this Rules of Procedure and other legislative acts.

2. The requirements of incompatibility of the status of the MP with the entrepreneurial activity do not invalidate the constitutionally recognized right of property of the MP. S/he may possess stocks, share and other property.

3. MP does not have a right to:

a) Personally carry out profit oriented reiterated activity for managing material values and financial resources;

b) Personally carry out the responsibilities of a member of a permanent managerial, supervisory, controlling, inspecting and consulting body of an entrepreneurial subject;

c) Be a member of local self-government representative body, have a position in other state or self-government representative body.

4. MP may simultaneously work in the sphere of science, education, art; if this work does not involve carrying out the administrative functions.

5. Implementation of administrative functions mean the authority of an official to make administrative decisions on personnel, disciplinary and other issues at scientific, academic, art establishment.

6. MP may simultaneously carry out political party work; occupy any position in party and public organizations.

7. Newly elected MP shall quit incompatible work/activity from the moment his/her powers are confirmed and within 7 days submit the certificate of quitting the incompatible work/activity to the Committee on Procedural Issues and Rules. In case of violating this requirement, the powers of the MP are terminated ahead of time as provided in this Rules of Procedure.    

Article 11

1. MP represents whole Georgia, has a free mandate, and cannot be recalled. While implementing his/her duties, s/he is not restricted by the regulations and tasks of the constituencies or political organizations, which nominated him/her.

2. It is not permitted to transfer the powers of an MP to another person.

3. By the rule determined by this Rules of Procedure the free mandate of an MP does not exempt him/her from the work with constituency and the responsibility connected with this. 

Article 12

Member of the Parliament has an MP’s ID and wears a badge, the regulations, samples and descriptions of which are approved by the Bureau of the Parliament. 

Article 13

1. As provided in the Law of Georgia on “Conflict of Interests and Corruption in Civil Service”, an MP shall fill out the declaration on his/her property or/and financial conditions and submit it to the Legal Entity of Public Law -  "Civil Service Bureau".

2. The Committee on Procedural Issues and Rules periodically and in case of need analyses the information on the declaration on property or/and financial conditions of an MP submitted by the relevant bodies. If necessary, the committee submits the issue for discussion at the plenary sitting of the Parliament. 

Article 14

1. An MP is the principal subject of the Parliamentary activities, who exercises his/her powers:

a) At the plenary sittings of the Parliament and through activities within committees (committee working group), faction, the Majority, the Minority, investigative and other temporary commissions, inter-faction group;

b) While meeting with the electorate, receiving them and answering their questions;

c) Through relations with state institutions and other bodies as defined by the legislation.

2. MP shall:

a) Follow the constitution of Georgia, laws and this Rules of Procedure;

b) Meet with citizens as provided in this Rules of Procedure, respond to the appeals and statements of the citizens as determined by the legislation;

c) Participate in discussions/resolution of issues at the plenary sittings of the Parliament;

d) Support the adherence to the norms of the constitution of Georgia, laws and this Rules of Procedure; in case they are violated, demand a relevant respond from Parliament, its Chair or respective committee;

e) Be a member of one committee of the Parliament, except the cases envisaged in this Rules of Procedure;

f) Attend Parliament’s plenary, committee, faction, investigative or other temporary commission sittings and participate in their work;

g) Not use his/her powers or/and the possibilities affiliated with them for personal interests;

h) Not use the information containing state secret or confidentially obtained information for personal interests;

i) Comply with the standards of conduct determined for state-political officials;

3. The MP who is not a member of any Faction, the Majority or the Minority is considered as independent MP.      

Article 15

MP has a right to launch a legislative initiative as provided in paragraph 1 of Article 67 of the

Constitution of Georgia.    

Article 16

1. MP has a right to:

a) Use any information that is necessary for exercising his/her powers, if a law does not provide otherwise;

b) Request relevant information and organizational-technical provision from Office of the Parliament according to the determined rule;

c) See the text of his/her speech from the shorthand of the plenary sittings of the Parliament and its bodies; get familiar or obtain a shorthand within the rules set forth by the Legislation of Georgia.

2. According to the rule determined by this Rules of Procedure, MP has a right to:

a) Hoist issues for discussion;

b) Submit comments and suggestions on all issues, which fall under Parliament’s competence;

c) Participate in discussion, put a question to a speaker, a co-speaker and the Chair of the sitting, receive and evaluate the answers;

d) Introduce citizens’ letters and appeals with national importance to Parliament;

e) Submit to the Chair of sitting the text of his/her speech as well as the written suggestions and comments on the issues that are to be discussed at the plenary sittings of the Parliament, in case of non-participation in the discussion;

f) Express his/her opinion and clarify the question in case the issue or question s/he put was not responded by a speaker or the Chair of sitting or was answered improperly;

g) Express his/her opinion on the bodies that are to be established by the Parliament, composition of their staff and those officials that Parliament elects, appoints, confirms or consents to the appointment.

3. While carrying out Parliamentary oversight, an MP has a right to:

a) Participate in the work of state and local self-government bodies with advisory vote and raise there the issues on violations of Georgian laws and other acts;

b) Address with a question a body accountable to Parliament, Government of Georgia, a Member of Government, head of an executive body of a territorial unit of any level, state establishments; receive and evaluate the answers;

c) Within the rules set by this Rules of Procedure, raise the issue of inspecting the adherence to the laws of Georgia and other normative acts before the relevant bodies;

d) Enter freely all state organizations except for the cases determined by law; meet the officials occupying the positions provided in the Constitution as well as other officials;

e) Personally participate in the discussions on the issues raised by him/her.

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

5. MP has a right to exercise other powers as provided in the constitution of Georgia, this Rules of Procedure and normative acts.    

Article 17

MP has a right to elect or be elected, appointed on or nominated for the Parliamentary positions (except the position of the Head of Office of the Parliament), in the composition of the Parliamentary committee, investigative or other temporary commission, join a faction, Majority, Minority, resign or leave these bodies/unions.    

Article 18

1. According to the rule set forth in this Article, an MP may be given a right to enter a penitentiary establishment functioning on the territory of Georgia without a special permission.2. Parliamentary committee (only the committee on Human Rights and Civil Integration, and the committee on Legal Issues) and temporary investigative commission may raise the issue of giving the right set forth in paragraph 1 of this article exclusively in the cases when it is necessary to study correspondingly the work of a committee, a commission or a specific issue.

3. Committee, temporary investigative commission submit a proposal to the Chair (Speaker) of the Parliament on giving the right set forth in paragraph 1 of this article to an MP from its composition.

4. The proposal of the committee, temporary investigative commission shall be motivated and propose the period of time for giving the MP the right set forth in paragraph 1 of this article. This term correspondingly shall not exceed the term of authority of the committee, commission or the time necessary for studying specific issue.

5. The Chair (Speaker) of the Parliament makes decision on giving the MP right to enter the penitentiary establishment without the special permission and passes a relevant order.

6. The MP, who was given the right set forth in paragraph 1 of this article, shall present the order of the Chair (Speaker) of the Parliament when entering the penitentiary establishment.

7. If the MP uses the right to enter the penitentiary establishment without the special permission for his/her personal interests, the Chair (Speaker) of the Parliament is authorized to deprive the MP of this right based on the information provided by the head of the penitentiary establishment.

8. The Chair (Speaker) of the Parliament has right to enter the penitentiary establishment without the special permission or transfer this right to an MP if necessary.   

Article 19

1. In order to organize the work with electorate, to participate in the activities of the relevant bodies of the executive branch of government and local self-government and MPs participation in solving of local issues, the Bureau of MP elected by a majority vote (hereinafter – majoritarian MP) is opened on the spot. The functions, the rules of organization and activity of the Bureau are regulated by the statute, which following to the submission by the Committee on Procedural Issues and Rules is adopted by the Bureau of the Parliament.  

2. Costs related to the Bureau activities of the majoritarian MP is reimbursed from Parliament's budget.  Once a year majoritarian MP is obliged to submit the information on the expenses incurred by the bureau of the majoritarian MP to the Committee on Procedural Issues and Rules.

The Rules of Procedure of the Parliament of Georgia as of December 18, 2012, # 105 - website, 24.02.2012 

Article 20

1. MP can be detained or arrested, his/her apartment, car, working place can be searched or personal search can be conducted only with Parliament’s consent. Apprehending him/her at the place of crime committing a crime is an exemption, which shall immediately be reported to Parliament. If Parliament does not give its consent within 48 hours, the detained or arrested MP shall be immediately released. Suggestion on carrying out the aforesaid investigative activities is submitted to Parliament by the Prosecutor General of Georgia. Committee on Procedural Issues and Rules studies and considers validity of the submitted suggestion within 5 days and submits a written conclusion to the Bureau of the Parliament. Bureau puts the issue on agenda of the nearest plenary sitting of the Parliament. After discussing the issue on floor, Parliament adopts the decree.

2. If an MP is caught at the place of crime, committing a crime in the period between sessions, the issue is considered as set forth in paragraph 2 of Article 61 of the constitution of Georgia.

3. Only the Prosecutor General can exercise the Criminal Proceeding against MP, and the Parliament must be immediately informed about this.

4. MP cannot be sued for his/her thoughts and opinions expressed while carrying out his/her duties in or outside of the Parliament.

5. MP has a right not to give testimony on the fact, which was confided to him/her as to the Member of the Parliament. It is not permitted to lay arrest on the written material concerning this issue. The MP maintains this right even after termination of his/her powers.

6. MP uses a diplomatic passport until termination of his/her authority.

7. Only the Prosecutor General of Georgia can take a legal action against former MP (who was a Member of the Parliament for at least 6 months of a full Parliamentary term and his/her powers were not terminated as set forth in sections “a”-“f” of paragraph 2 of Article 54 of the Constitution of Georgia). Former MP enjoys this right for the term of authority of newly elected Parliament.

The Rules of Procedure of the Parliament of Georgia as of May 30, 2013, # 670 - website, 10.06.2013 

Article 21

1. If there is Parliament’s consent on detaining or arresting an MP, the powers of the detained or arrested MP are suspended by the Parliament’s decree until the decision on ceasing the criminal case or court decree is issued.

2. If the criminal case is ceased or court issues the justificatory decree with rehabilitative grounds, by Parliament’s decree:

a) The MP’s powers are restored and s/he is given full compensation as provided in Georgian legislation if the term of authority of the Parliament, which s/he was a member of is not over;

b) The period, during which the MP was detained or arrested, will be included in the general term of office of a Member of the Parliament and s/he will be given a relevant compensation if the term of authority of the Parliament, which s/he was a member of, is over or Parliament is dissolved.    

Article 22

Conditions for executing MP’s powers without impediment are ensured. If there is enough information proving that a life and health of an MP are threatened, based on the statement of the MP and the decree of the President of Georgia, the relevant state bodies ensure the security of him/her and his/her family  as envisaged in Georgian legislation.

Article 23

1. The term of office of an MP is included in general continuous service of working by specialization.

2. An MP receives 45 calendar days of vacation during the year. S/he may use the vacation optionally during the period between sessions and may divide it into two parts.

3. An MP can be given additional vacation time for no more than 3 months, once in a term. In this case, the decision is made by the Chair (Speaker) of the Parliament in agreement with the Bureau of the parliament based on justified statement of an MP. According to this part, an MP will be given 80% of the salary and other remuneration related to exercising his/her authority

4. Former MP is given a pension and compensation as envisaged in the legislation. 

Article 24

It is obligatory to ensure the life and health of an MP from the budget of the Parliament as envisaged in the legislation. MP shall pass medical and drug test every year.

Article 25

1. Law determines the amount of an MP’s salary, amount for execution of MP authority defined by the Bureau of the Parliament, bonus and other additives.

2. Salary is given from the day of confirmation of an MP’s powers and ends at the moment, when the term of authority of respective Parliament expires or the MP’s powers are terminated.

3. The Bureau of the Parliament upon the proposal of the Treasury Council approves the rule on provision of living space for the Member of the Parliament.

4. Office of the Parliament provides Parliament with organizational-technical and informational services. 

Article 26

1. If an MP perishes as a result of an assault, his/her family is given one-time aid amounting to 15 000 Georgian Lari.

2. If and MP passes away, his/her family is given one-time aid amounting to 10 000 Georgian Lari.

3. An MP, who becomes disabled under the circumstances set forth in paragraph 1 of this article, s/he is given one-time aid amounting to 10 000 Georgian Lari. 

Article 27

1. For executing Parliamentary activities, an MP is provided with working space in the Palace of the Parliament, equipment, furniture, clerical aids, communication means.

2. An MP with obvious disabilities is given the car (upon necessity adapted or special), the appropriate working conditions, and is appointed a personal assistant (accompanying person). 

3. Costs related to using communication means by an MP is reimbursed within the limits determined by the Parliament. 

Article 28

During the term of office an MP is free from compulsory military service and requirement on conscription into the military reserve. 

 

CHAPTER V

Committees of the Parliament

 

Article 29

1. For its term of authority, Parliament creates committees for the preliminary preparation of legislative issues, for the assistance in the implementation of the Parliament’s decisions, control over the bodies that are accountable to Parliament, and control over Government’s activities.

2. Committee creates working groups for controlling the implementation of decisions of the Parliament and committee, for the preliminary preparation of legislative issues and other ongoing issues. Committee Office ensures the activity of the working group.

3. Group of Trust is created in the Parliamentary committee of Defense and Security according to the rule establish by law. Law determines the activities and powers of the Group of Trust.

4. The Sector Economy and Economic Policy Committee creates a selection commission defending customers’ interests at the independent national regulatory body of public defender's, which is composed of at least 12 members. Selection commission members are representatives of Majority, Minority and independent MPs, state and non-governmental sector, representatives of the Public Defender and the independent national regulatory bodies. Selection Commission makes decisions about selection of the Head of the Selection Committee and Public Defender of Consumer’s Interests by the majority vote.

5. Chair of the Parliament approves the competition terms and conditions and the statute of the Selection Commission upon the proposal of the Sector Economy and Economic Policy Committee.    

Article 30

1. The Chair (Speaker) of the Parliament provides the general coordination of the activities of committees.

2. The constitution of Georgia, this Rules of Procedure and other legislative acts determine the powers of committees, the rules of their creation and activities. 

Article 31

1. There are Parliamentary committees on:

a) Agrarian Issues;

b) Human Rights Protection and Civil Integration;

c) Education, Science, Culture;

d) Environmental protection and Natural Recourses;

e) Sector Economy and Economic Policy;

f) Diaspora and Caucasus Issues;

g) European Integration;

h) Defense and Security;

i) Legal Issues

j) Regional Policy and Self-Government;

k) Foreign Affairs;

l) Procedural Issues and Rules;

m) Finance-Budgetary Issues;

n) Sports and Youth Issues;

o) Health Care and Social Issues.

2. The Chair (Speaker) of the Parliament, Bureau, faction, the Majority and the Minority have a right to raise the issue of creation of a new committee, providing relevant arguments in writing. Parliament decides this issue by adopting the amendments into paragraph 1 of this Article, according to the rule established for adopting the Rules of Procedure. 

Article 32

1. Composition of a committee is determined proportionally to the representation of factions and the number of those MPs, who are not united in any faction. The number of committee members and the proportional representation are determined by the Committee on Procedural Issues and Rules and approved by the Bureau of the Parliament; at the first plenary sitting of the Parliament the Temporary Mandatory Commission determines them and Parliament confirms by its decree.

2. Composition of a committee is determined by at least 10 MPs. Committee starts its work, when at least two-thirds of the minimum number of committee members are appointed and the Committee Chair is elected. Committee session is authorized if the majority of its acting members are present.

3. Only MP can be a committee member. An MP shall be a member of at least one committee. The issue of the MP’s membership in a second committee is decided by his/her faction according to the additional seats determined by the quotas of proportional representation.

4. In the case set forth in paragraph 1 of this article, within three days after Parliament (Bureau) confirms the quotas of the proportional representation of factions in the committees, a faction appoints the members of the committees by its decision and informs the Bureau of the Parliament (Temporary Mandatory Commission) on this. It is allowed to reallocate or exchange the quotas of proportional representation between the factions united in the Majority and the Minority. Decision of factions on reallocation or exchange of quotas and appointment of new members of the faction is communicated to the Bureau of the Parliament.

5. The Chair (Speaker) of the Parliament and his/her first deputy cannot be in the committee composition.

6. Relevant faction according to the number defined by the proportional representation quotas decides upon committee membership of the Deputies of the Chair of the Parliament, Leaders of Majority and Minority and Heads of the Factions.

7. If the changes within a faction affects the proportional representation of factions in committees, within one week the Committee on Procedural Issues and Rules determines new quotas of proportional representation of factions and submits them to the Bureau of the Parliament at its nearest sitting.    

Article 33

1. Parliament elects the Committee Chair from among the members of the committee according to rule adopted by this Rules of Procedure.

2. Faction, the Majority, the Minority, a group of at least 6 MPs, who are not united in any faction (hereinafter – group of 6 MPs) can nominate a candidate for the position of Committee Chair within 7 days after the two-thirds of the minimum number of the committee members are appointed.

3. The Committee Chair is elected through open vote. If one or two candidates are nominated voting process is held by the electronic system simultaneously (the candidate who was nominated first will be given vote with the “Agree” button and the candidate who was nominated second will be given a vote with “Against” button.) However, if there are more than two candidates the vote is held with bulletins.

4. If the authorized subjects do not nominate the candidate for the position of Committee Chair by the time specified in paragraph 2 of this article, within 5 days of the expiration of this term, the Chair (Speaker) of the Parliament nominates the candidate for the position of Committee Chair from among the members of the committee.

5. The statement on proposing the candidate is submitted to the Chair of plenary sitting of the Parliament, who makes a joint list of the candidates according to the sequence they were named.

6. After candidates are named, the Chair of the sitting publishes the list of candidates. A candidate may withdraw his/her candidacy without any explanations.

7. The decision on electing Committee Chair is made by the majority of enlisted members of the Parliament.

8. If only one candidate was participating in the elections and s/he was not elected, the repeated elections are held. If two candidates were participating in the elections and none of them received the necessary number of votes, the candidate, who gained the most votes, is put to the vote again. If either in this case s/he does not gain the necessary number of votes, the repeated elections are held.

9. If more than two candidates participated in the elections and none of them received the necessary number of votes, the second round of elections is held between those two candidates, who gained the most votes. The candidate, who receives more votes, but not less than of one-third of all Members of the Parliament, will be considered elected. If the votes are equally divided, the repeated voting is held.

10. If the candidate, who enters the second round, withdraws his/her candidacy, the next candidate by the number of votes received, is put to the vote. If the votes are equally divided, the repeated voting is held.

11. A candidate may withdraw his/her candidacy before each voting.    

Article 34

1. Parliament can dismiss a Committee Chair and Deputy Chair can be dismissed by the Committee by the demand of the Chair (Speaker) of the Parliament, Bureau, no less than two-thirds of all members of the corresponding committee, or no less than one-fifth of the MPs, provided with the relevant arguments in writing.

2. The decision on the removal of the Committee Chair is adopted, if the majority of the enlisted members vote for it. The Deputy Chair is removed by the majority of Committee members.

3. If a Committee Chair does not fulfill the requirements established by this Rules of Procedure, the Chair bears responsibility as provided in this Rules of Procedure.    

Article 35

1. Committee Chair may announce about his/her resignation any time without providing any explanation. A relevant statement is submitted to the Bureau of the Parliament; the latter introduces it to Parliament. The Committee Chair is resigned from the moment the statement is submitted to the Bureau.

2. Parliament accepts the Committee Chair’s statement as a notification, which is written down in the protocol of the plenary sitting.   

Article 36

1. If a Committee Chair resigns, s/he is dismissed or his/her powers as of an MP are terminated ahead of time, within 14 days Parliament elects a new Committee Chair according to the rule set forth in Article 33 of this Rules of Procedure. If less than 14 days are left before the end of the session, the issue is discussed at the very first sitting of the next ordinary session.

2. If faction, the Majority, the Minority, the Group of 6 MPs do not nominate a candidate for the position of the Committee Chair within 7 days of the early termination of powers of the Committee Chair, within 5 days after this term expires the Chair (Speaker) of the Parliament nominates the candidate from among the members of the committee.

Article 37

1. An MP except the officials given in sections a), b), c) and e) of the first paragraph of Article 104 of this Rules of Procedure, shall join at least one committee. If an MP is not united in a committee, it is considered that s/he is not fulfilling his/her rights and duties and s/he is not given the salary established by law.

2. A committee member may leave the committee any time.

3. The powers of the committee member are terminated:

a) Immediately after s/he submits the notification about leaving the committee;

b) Immediately after making the decision by the faction on his/her recall from the Committee;

c) Immediately after leaving the faction that nominated him/her by the quota before the Committee;

d) Immediately after the powers of the corresponding MP are terminated;

e) Immediately after s/he is appointed or confirmed on the position incompatible for the member of the committee;

f) Faction calls back the reallocated or exchanged quotas if s/he is appointed according to such quota.

The Rules of Procedure of the Parliament of Georgia as of December 19, 2012, # 108 - website, 28.12.2012      

Article 38

1. Committee Chair holds the first organizational sitting of the committee within 3 days after s/he is elected.

2. The Regulations of the committee is adopted and the deputy committee Chairmen are elected at the first organizational sitting.

3. The protocol of the first organizational sitting and the Regulations of the committee are submitted to the Bureau of the Parliament for approval. 

Article 39

1. By open vote and by the majority of its acting members, committee elects 3 Deputy Chairmen (including the first deputy) from among its members for the committee’s term of authority and informs the Bureau of the Parliament on this.

2. Committee Chair has the right to nominate a candidate for the position of First Deputy Committee Chair. The Majority has the right to nominate one Deputy Committee Chair and one – the Minority, Faction, which is not united in the Majority.

3. If two candidates were participating in the elections and none of them gained the necessary number of votes, the candidate, who received the most votes, is put to the vote again. If either in this case s/he does not gain the necessary number of votes, the repeated elections are held. If more than two candidates were participating in the elections and none of them received the necessary number of votes, the second round of elections is held between those two candidates, who gained the most votes.

4. If the candidate, who enters the second round, withdraws his/her candidacy, the next candidate by the number of votes received, is put to the vote.

5. If it is impossible to determine only two winners in the first round of the elections, then those candidates, who shared the first or the second places by the number of votes received, are put to the vote in the second round.

6. The candidate, who receives more votes, will be regarded as elected in the second round of the elections.

7. If the candidates participating in the second round receive the equal number of votes, the winner will be revealed by the results of the first round. If the winner cannot be determined by this rule, repeated elections are held.

8.  In case new elections are held the relevant subjects have the right to nominate the same or other candidate. The same candidate can be nominated only twice.

9.If an MP is elected on the position of Deputy Chair of the Committee by the quota of the Majority/Minority/Faction that is not part of the majority and leaves the Majority/Minority/Faction, which is not in the part of the Majority, his/her authority as Deputy Committee Chair will be terminated. In such cases, within the 14 days the Committee elects a new Deputy Committee Chair. 

Article 40

1. Committee Chair:

a) Manages the activities of the Committee, convenes and presides the committee sittings;

b) Represents the committee in Parliament, outside of it, and in relevant inter-Parliamentary relations;

c) Signs the Committee decision, conclusions and protocols of its sittings;

d) Nominates the candidacy of the First Deputy Chair of the Committee to be elected by the Committee;

e) Provides general supervision to the Committee Office;

f) According to the annual results, submits a written report to Parliament on activities at the beginning of the autumn session;

g) Exercises the powers provided to him/her by this Rules of Procedure and other legislative acts.

2. First Deputy Committee Chair:

a) Carries out the duties of the Committee Chair when the latter is absent;

b) Performs certain tasks by the assignment of the Committee Chair.

3. Deputy Committee Chair:

a) Carries out the duties of the Chair when the latter is absent according to the rule and the term provided in the Article 41 of this Rules of Procedure;

b) Performs certain tasks by the assignment of the Committee Chair. 

Article 41

In case a Committee Chair resigns, s/he is dismissed, s/he cannot exercise his/her powers or his/her powers as of the MP are terminated ahead of time, his/her duties are performed by the First Deputy Committee Chair. In the absence of the First Deputy Chair, the Committee assigns the duties of the Committee Chair to his/her deputy by the majority of votes of its acting members. 

Article 42

1. A committee member can participate in the activities of the committee on equal terms, express his/her comments, suggestions and views on the issues discussed, elect and be elected on the committee posts, participate in working bodies of the committee, take a different position.

2. If a committee member does not follow the requirements of the Rules of Procedure, s/he violates the work discipline and does not carry out the assigned duties, s/he will be held responsible as provided in the Rules of Procedure and the respective faction or Parliament will be notified on this. 

Article 43

1. Within its competencies, a committee:

a) Prepares, considers and prepares for the plenary sitting of the Parliament the drafts of laws, Parliamentary decrees and other decision proposals;

b) Participates in the discussions-elaborations of the draft laws submitted to Parliament, prepares its conclusions and submits to the relevant body of the Parliament and specific authors of suggestions a paper showing how the suggestions into the draft law are considered in the project;

c) Considers the candidacies of the members of Government in case of giving Government

a vote of confidence, also candidacies of those officials, who are elected, appointed, confirmed or consented to the appointment by Parliament, and hands its conclusions to the Organizational Department of the Office of the Parliament for the submission to the Bureau of the Parliament;

d) Considers the draft budget and elaborates the conclusion;

e) Controls the adherence to the laws, Parliament’s decrees and other decisions and in necessary cases submits the relevant conclusion to Parliament;

f) Exercises control over the activities of state bodies accountable to Parliament as well as the activities of Government and in necessary cases submits the relevant conclusion to Parliament;

g) Decides the organizational issues of its own activity;

h) Uses a right to launch a legislative initiative;

i) Exercises other powers as provided in this Rules of Procedure and other legislative acts.

2. Based on the planned or the relevant petition, a committee studies the activities of administrative bodies, requests the relevant materials if necessary and submits its conclusion to Parliament for the discussion.

3. By this Rules of Procedure, other powers of a committee are determined by the Committee Regulations, which is approved by the Bureau of the Parliament. 

Article 44

By the request of a committee, officials of the bodies accountable to Parliament and the members of Government must present the relevant documents, conclusions and other necessary material by the time given by the committee. The rule of presenting the information containing the State or military secret is determined by the legislation.    

Article 45

A Member of Government, official, who is elected by the Parliament, also an official, to whose appointment Parliament gave its consent, are authorized, in case of the request – obliged, to attend the committee sittings, answer the questions raised at the sitting and report on the activities performed. The committee shall hear this official immediately s/he requests. 

Article 46

1. Within its competencies, a committee considers the issues of giving a vote of confidence to Government of Georgia, also electing, appointing, confirming or consenting to the appointment of the officials determined by the constitution of Georgia and law. The authorized person submits the information, including biographical data, work experience and information about the professional knowledge on the given candidacies to the committee.

2. Based on the received information, the committee prepares its conclusion on giving a vote

of confidence to the Government of Georgia on selecting or consenting the appointment of the officials determined by the constitution of Georgia and law, electing, appointing, confirming them or consenting to their appointment on the position. The conclusion is adopted with a secret vote by the majority of the committee members present at the sitting.

3. The conclusion of the committee is obligatory for the candidacies of those officials, who are elected, appointed, confirmed or consented to the appointment by Parliament.

4. The conclusion of the committee is submitted to the Bureau of the Parliament, which presents it to the President of Georgia and Parliament.  

Article 47

1. Relevant committee considers all the issues that will be discussed in the Plenary Session of the Parliament.

2. Committees, according to their corresponding fields, study and analyze the adherence to the legislation, take measures for ensuring its fulfillment, correct the defects in the legislation, prepare the suggestions on the necessary changes or/and amendments into the legislation.

Article 48

As a result of the information heard on the issue under its competence, controlling and checking, a committee elaborates its conclusion. The conclusion of the committee shall provide the assessment and the specific measures of reaction. The committee shall submit its conclusion at the nearest sitting of the Bureau of the Parliament. Bureau puts the issue on agenda of the nearest plenary sitting of the Parliament. Parliament discusses the respective conclusion at its plenary sitting, evaluates it and adopts the relevant decision. 

Article 49

1. Committee Chair, in his/her absence – his/her deputy, convenes and presides the committee sitting. The periodicity of committee sittings is determined by the committee, but there be no fewer than two sittings per month. (Committee is not obliged to hold the committee meeting in the period between sessions) the time of the next committee meeting is determined in advance. The time of committee meetings is determined according to the consultations between Chairmen of the Committees. By the assignment of the Parliament and Bureau, committee shall hold a sitting by the given time and consider the issue.

2. Committee sitting is authorized, if the majority of its acting members are present.

3. Committee members shall attend committee sitting and participate in its work. Violating this requirement will cause the responsibility as provided in paragraph 8 of Article 286 of this Rules of Procedure.

4. If a committee member, appointed by faction, cannot take part in the work of the committee, the faction has a right to temporarily replace him/her by another member of the faction, about which the faction notifies the respective committee in a written form. This right towards each member of factions can be used no more than 5 times in only one session period. The guard (supervisor's) service of the Office of the Parliament registers information on the use of the respective right and submits it to relevant committees and factions. The sitting of the respective committee, attended by his/her replacement, is not considered to be missed by the committee member

5. The committee sittings, as a rule, are held on Tuesdays and Thursdays in the week of plenary sittings, also in the week of meeting with the electorate. The committee members are informed about the committee sitting date (except the week for meeting with the electorate) no later than a day before the actual sitting. The draft law to be discussed on the committee sitting is sent to the committee members in the same period of time. The information about the committee sitting and its agenda is posted on the Parliament's webs site one day before the sitting. In the week of meeting with the electorate the materials for the committee sitting are given out to the committee members and they are informed about its agenda and date not later than 2 days via Parliament's website.

6. Decision is made with an open vote by the majority of the committee members present at the sitting, but no less than a half of the votes necessary for opening the sitting (determining its authority), except the cases determined by this Rules of Procedure.

7. When at the open vote the votes are equally divided, the vote of the Committee Chair is decisive.

8. By his/her own initiative, or the request of the Parliament, the Bureau of the Parliament, one-third of all the members of the committee, Committee Chair convenes a special sitting of the committee. The committee members shall be informed about the date of the committee sitting no later than (one) a day before the sitting.

9. Committee Chair determines the agenda of the committee sitting by his/her own initiative or by the request of the committee member (members). The decision on removing an issue from the agenda or putting a new one on it is made by the majority of votes of the acting members of committee.

10. Committee sitting is public. In special cases a committee holds a closed sitting. The decision on holding a closed sitting is made by the majority of votes of the acting members of committee.

11. MPs, members of Government of Georgia and invited guests may attend the committee sitting with an advisory vote.

12. The interested representatives of public can be invited to attend the committee sitting. They can be given the floor by the decision of the Committee Chair.

13. The accredited mass media representatives can be invited to attend the committee sitting. It is possible to allow TV or radio to report on the committee sitting and publish the information on the results of the sitting in the press.

14. The Committee is authorized to hold the field sitting. 

Article 50

1. Draft laws are discussed at the Committee sitting, also other issues within the competence of the committee.

2. Committee adopts:

a) Recommendation;

b) Conclusion;

d) Suggestion.

3. Committee Chair issues directive on the internal organizational issues of the committee.

4. Committee conclusions, as a rule, are submitted to the Bureau of the Parliament, plenary sitting of the Parliament or are sent as appropriate. 

Article 51

A joint sitting of committees can be held by the request of the Chair (Speaker) of the Parliament, the decision of the Bureau or the relevant committee Chairmen. The committees decide the issues discussed at the joint sitting by separate votes. 

Article 52

1.  The Committee Chairmen present the written report to the Parliament on the work performed by the committees according to each year results at the beginning of the autumn session.

2.  The report is submitted to the Organizational Department of Office of the Parliament, which immediately sends it to the Chair of the Parliament, deputy Chair, other committees, factions, majority, minority and independent MPs.

3. The Bureau of the Parliament schedules the report discussion in the agenda of the autumn session's first plenary sitting.

4. Duration of each presenter's speech on the report at the plenary sitting of the Parliament should not exceed 20 minutes (upon necessity by the decision of the sitting Chair the length of speech may be extended to 30 minutes).

5. After the speech, MPs are allowed to refer with report related questions.  Time allotted for each author of the question should not exceed 2 minutes. At the same time, question author can take advantage of the question specification for no more than 1 minute. MP has the right to come up only one time with question or for the specification. After completing the inquiries the speaker/presenter responds to MPs ' questions separately.

6. The independent MPs, representatives of the factions, who are not united in the majority or minority, representatives of the majority and minority take the floor after speaker's speech and express their position in such order on the report. Speech of the independent MP should not exceed 5 minutes, speech of the respective faction representative - 10 minutes, and speech of the majority or minority MP - 15 minutes.

7. After the speeches of the independent MPs, representatives of factions, majority, minority, the speaker takes the floor for the concluding speech, which shall not exceed 10 minutes.

8. The Parliament takes as a note the report submitted by the Committee.    

Article 53

1. For ensuring the work of a committee, Committee Office is created, which represents the permanent structural unit of Office of the Parliament Office and is subordinate to the committee.

2. Committee Office:

a) Participates in elaboration of the draft, drafts of the Parliament’s decrees and other decisions, drafts of the committee's decisions, preparing conclusions, comments and suggestions on the draft laws, the committee's controlling, organizational and other activities;

b) Performs consultative and analytical functions, organizational-technical services and office work;

c) Fulfils other functions determined by the legislation, Regulations of the committee, Office of the Parliament and the Committee Office.

3. The structure and the number of the Committee Office units are proposed by the Committee Chair, agreed with the Chief of Office of the Parliament and approved by the Chair (Speaker) of the Parliament.    

Article 54

1. Committee Office comprises the Head of Committee Office and specialists (employees provided in the staff list and invited specialists).

2. Head of Committee Office:

a) Provides general supervision to the Committee Office along with the Committee Chair, divides functions and obligations among the Committee Office employees, is responsible for implementation of tasks and duties assigned to the staff of the committee, coordinates the relations between the Committee Office and other structural units of Office of the Parliament;

b) Organizes the preparation of the committee sittings, drawing up the adopted decisions and protocols of the sittings;

c) Ensures compliance with work discipline by the Committee Office employees, proposes suggestions to the Committee Chair on putting the question before the Head of the Office of the Parliament on the incentives and imposing disciplinary responsibilities on them;

d) Performs other functions determined by the legislation, and Regulations of the committee, Office of the Parliament and the Committee Office.

3. Committee Office specialists:

a) Work on the issues of the field directions determined by the committee Regulations; participate in working out, analyzing and generalizing draft laws provided in the committee's working plans, drafts of the Parliament’s decrees and other decisions, drafts of the committee’s decisions, preparing conclusions and reports on the draft laws, the committee's controlling, organizational and other activities; carry out the tasks assigned by the Committee Chair and the committee;

b) Record comments and suggestions expressed at the floor discussions of the draft laws;

c) Perform other functions determined by the legislation, and Regulations of the committee, Office of the Parliament and the Committee Office.

The Rules of Procedure of the Parliament of Georgia as of March 22, 2013, # 384 - website, 28.03.2013 

 

Article 541

1. Scientific-consultative councils are created at the committees. The councils are composed of competent consultants in the appropriate fields. The Committee Chair appoints the composition of the council.

2. The committee convenes the sittings of the scientific-consultative council when necessary. The committee and scientific-consultative council may hold a joint sitting..

 

CHAPTER VI 

Temporary Investigative Commission 

    

Article 55

1. In the presence of the basis set forth in Article 56 of the constitution of Georgia and this article, a temporary investigative commission is created in Parliament of Georgia with the purpose to explore the facts of violating Georgian legislation by the state bodies and public officials and to react appropriately, or study the particularly important State and public issues.

2. The bases for creation of temporary investigative commission is the information:

a) About illegal actions of state bodies, public officials, corruption offences, which threaten the state security, sovereignty, territorial integrity, political, economic or other interests of Georgia;

b) About misappropriation of state and local self-governing entities budgets;

c) Studying which is particularly important from the State and public points of view.    

Article 56

1. With the purpose of creating a temporary investigative commission, the Chair (Speaker) of the Parliament, committee, faction, or no less than one-fifth of the MPs are authorized to raise the issue of creation of the temporary investigative commission, submitting relevant arguments in writing.  The number of temporary investigative commission members shall be determined in the written suggestion. The suggestion in writing is transferred to the Parliament's Bureau for its inclusion in the agenda of the nearest plenary sitting. Parliament votes on the relevance of this suggestion by the majority of votes of the MPs present at the plenary sitting, but no less than one-third of enlisted members. The basis, the range of the issues that need to be explored, term of the authority of the commission and number of its members have to be indicated in the Parliament's decision.

2.  In the case of adapting the decision on the relevance for the establishment of temporary investigative commission, the proportional representation quotas are determined by the Committee on Procedural Issues and Rules and is approved by the Bureau. It is possible to give or exchange the quotas according to the paragraph 4 of the Article 32 of this Rules of Procedure.

3. The composition of the temporary investigative commission is determined by the proportionality of the MPs united in the Factions and those MPs who are not members of any Factions.

 4. The representation of the Majority in the temporary investigative commission shall not exceed half of the number of its members.

5. Following the quotas set forth in the paragraph 2 of this Article, the Faction, the Majority, The Minority, independent MPs present the candidates for the membership of the temporary investigative commission to the Chair (Speaker) of the Parliament.

The Rules of Procedure of the Parliament of Georgia as of December 19, 2012, # 108 - website, 28.12.2012 

Article 57

1. Pursuant to nominating the candidates for the temporary investigative commission membership the draft decision on creation of the temporary investigative commission is put on vote. The decision shall include the term of authority of the commission and identities of its members, including the Chair of the commission.

2.  Parliamentary faction, Parliamentary Majority, Parliamentary Minority, the group of 6 MPs have the authority to name the candidate for the Chair of the temporary investigative commission. If two or more candidates are nominated for the position of the Chair of the Temporary Investigative Commission, the Commission Chair will be elected according to the rule determined for the election of the Committee Chair. In this case the Chair of the Commission will be elected before the voting set forth in the paragraph 1 of the respective Article.

3. Decision on creation of the Temporary Investigative Commission is made by the majority of votes of enlisted members of the Parliament.

4. Temporary investigative commission is accountable and responsible to Parliament.

5. The Temporary Investigative Commission is created only for exploring a specific issue and it is abolished according to the rule established by this Rules of Procedure, immediately after the issue is settled.

6. Temporary investigative commission prepares the Regulations, which is approved by the Bureau of the Parliament.

7. By the majority of votes of its acting members, Parliament can make the decision on termination of powers of the temporary investigative commission and the exploration of the issue or changing the composition of the commission before the term of authority of the temporary investigative commission expires.    

Article 58

1. The Parliament determines the term of authority of the temporary investigative commission. The temporary investigative commission can be created for no more than three months period. The term of authority of the commission can be prolonged for (one) a month according to the rule set forth in the paragraph 2 of this article, but term of the office of the commission shall not exceed 6 months in total.

2. If by the given time the temporary investigative commission does not present the draft decision or the conclusion on the considered issue, at the nearest plenary sitting Parliament hears the report on the work done by the commission, based on which, by the majority of votes of its acting members, it makes one of the following decisions:

a. Prolongation of the term of authority of the commission;

b. Prolongation of the term of authority of the commission and changing its composition;

c. Termination of powers of the commission and the exploration of the issue.

3. The report of the temporary investigative commission can be enough for making the decision on the issue under consideration.

4. In case the conclusion is not prepared on the issue under consideration before the term of authority of the corresponding Parliament expires, the materials acquired by the commission along with the relevant report is transferred to the new Parliament, which makes the decision on further exploration and consideration of the issue according to the rule set forth in paragraph 1 of Article 56 of this Rules of Procedure.

5. It is forbidden to create a temporary investigative commission three months before the expiration of the term of authority of the respective Parliament. The powers of all temporary investigative commissions are terminated three months before the expiration of the Parliament’s term of authority. By this time they shall report on the work done.    

Article 59

1. Chair of the temporary investigative commission is elected for the term of authority of the commission.

2. Dismissal of the Chair of the commission is implemented according to the rules established by the article 34 of this Rules of Procedure.

3. Parliament considers the statement on resignation of the Chair of the temporary investigative commission and makes the appropriate decision by issuing a decree.

4. One and the same candidate can be nominated only once for the membership of the temporary investigative commission.

5. If the number of nominated candidates for the membership of the temporary investigative commission is less than the determined number of the commission members, MPs are given a right to nominate the additional candidates. If the number of nominated candidates is still less than the determine number, the vacant seats are abolished.

6. If after being nominated by the independent MPs, the number of all nominated candidates is more that the determined number of the members of the temporary investigative commission, the candidates nominated by the independent MPs are put to the vote. Each candidate is voted separately. The candidate with better results, who received no less than one-third of votes of the enlisted members, will be considered elected into the commission. If after the vote the number of the commission members is less than determined, the remaining candidates are put to the vote again. The candidate with better results will be regarded as elected.

7. If after composing the temporary investigative commission according to the rule set forth in paragraphs 5 and 6 of this article, the Majority is represented by more than a half of the determined number of the commission members, the quota of the Majority decreases according to the principle provided in paragraph 4 of the article 56 of this Rules of Procedure.

8. Any Member of the Parliament has a right to reasonably challenge a candidate nominated by a faction or other MP. The challenge is put on vote immediately. The challenge will be accepted if the majority of the enlisted members support it.

9. Faction, the Majority, the Minority has a right to nominate a new candidate at the same or the next plenary sitting if Parliament rejects its candidate. 

Article 60

1. A member of the temporary investigative commission ceases his/her activities in the commission in case s/he is expelled from the faction, s/he leaves the faction or the faction calls him/her back from the commission, in case of giving or exchanging the proportional representation quotas or returning back such quotas if s/he is appointed by this quota. The faction has a right to nominate a new candidate, on which the Chair of the commission informs Parliament at the nearest plenary sitting.

2. The new candidate nominated by the faction, the Majority, the Minority will be considered member of the temporary investigative commission from the moment s/he is supported by at least one-third of enlisted members. In the case if s/he is challenged paragraphs 8 and 9 Article 59 of this Rules of Procedure are applied.

The Rules of Procedure of the Parliament of Georgia as of December 19, 2012, # 108 - website, 28.12.2012 

Article 61

1. A member of the temporary investigative commission may leave the commission by his/her personal statement.

2. Temporary investigative commission can expel its member if the latter does not participate in the work of the commission for two weeks one after another for unjustifiable reasons, misses its sittings, exceeds his/her powers, also in other cases provided in the Regulations of the commission. This decision is made by two-thirds of the commission members present at the sitting. The commission informs Parliament on this. 

Article 62

1. Temporary investigative commission officials are the Chair, Deputy Chair and the secretary.

2. Chair of the temporary investigative commission:

a) Convenes the first organizational sitting of the commission within three days of the elections of two-thirds of the commission members;

b) Represents the commission in Parliament, outside of it and in relevant inter-Parliamentary relations;

c) Calls and leads the sittings of the commission;

d) Coordinates the work of the commission members;

e) Signs commission decisions and the protocols of its sittings;

f) Exercises other powers provided by the legislation of Georgia.

3. Deputy Chair of the temporary investigative commission:

a) Performs the rights and duties of the Chair of the commission by the latter’s assignment or the assignment of the commission;

b) Performs the duties of the Chair of the commission when the latter cannot exercise his/her powers, s/he is dismissed, s/he resigns or his/her powers as of an MP are terminated ahead of time, until the new Chair of the commission is elected.

4. Secretary of the temporary investigative commission:

a) Organizes the conduct of the commission sitting;

b) Carries out the office work, signs the protocols of the commission sittings;

c) Temporarily performs the duties of the Chair of the commission when the latter cannot exercise his/her powers and neither the Deputy Chair is able to perform the Chair's duties;

d) Exercises other powers provided by the Regulations of the commission.

5. A member of the temporary investigative commission has a right to participate in the work of the commission on equal terms, state his/her comments, suggestions and views on the issues considered, elect and be elected on the commission posts, have a different position and state about this at the floor discussions on the issue on the plenary sitting of the Parliament.    

Article 63

1. The majority of the members present at the commission sitting elect Deputy Chair of the temporary investigative commission with an open vote and the Bureau of the Parliament is informed on this.

2. The Chair of the temporary investigative commission and a group of three members of the commission have the authority to name the candidate for the Deputy Chair of the commission.

3. If the Chair of the temporary investigative commission is a Majority member, then the Deputy Chair of the commission cannot be a member of the Majority.

4. If only one candidate participated in the elections and s/he was not elected, the new elections are held.

5. If two or more candidates were participating in the elections and none of them won, the second round of the elections are held. Those two candidates, who received more votes, are put to the vote in the second round. If a candidate, who enters the second round, withdraws his/her candidacy, the next candidate by the number of votes received, is put to the vote instead.

6. If it is impossible to determine only two winners in the first round of the elections, those candidates, who shared the first or the second places by the number of votes received, are put to the vote in the second round. The candidate, who receives more votes, will be considered as elected in the second round of the elections.

7. If the candidates participating in the second round receive equal number of votes, the winner will be determined by the results of the first round. If the winner cannot be determined by this rule, the new elections are held.

8. The same candidate for the position of the Deputy Chair of the temporary investigative commission can be nominated twice.

9. The issue of removing the Deputy Chair of the temporary investigative commission is put to the vote upon the request of at least one-third of the commission members. The decision on removing the Deputy Chair should be considered approved if the majority of commission members support it.

10. Secretary of the temporary investigative commission is elected and removed according to the rules of electing and removing the Deputy Chair of the commission determined by this Rules of Procedure. 

Article 64

1. It is obligatory to attend the sitting of the temporary investigative commission if it requests.

2. If the temporary investigative commission requests, state bodies, public officials, legal and private persons shall submit the conclusions necessary for exploring the issue and other needed materials according to the established rule in the term given by the commission.

3. By a written request, with the permission of the Prosecutor General of Georgia, according to the rule set forth in the Code of Criminal Law Procedures of Georgia, the temporary investigative commission is authorized to study on the spot a criminal case, also the materials on rejection to proceed the criminal case, if the commission thinks that this case or the materials on this case include the data necessary for studying the issue considered by the commission.

4. Based on the written request of the temporary investigative commission, by the assignment of the Prosecutor General of Georgia, investigator shall provide the commission members with the possibility to study the criminal law case and materials on the spot.

5. The rule of admitting the temporary investigative commission to the State secret is determined by Georgian legislation.

6. With the purpose of obtaining information on the issue under consideration, the temporary investigative commission has a right to raise the issue before the relevant body of State control, and apply to the Office of the Parliament on carrying out the controlling supervising measures as determined by the legislation of Georgia.

7. Temporary investigative commission has a right to invite and take a written explanation from any person regarding the issue under consideration, except the cases provided in law and this Rules of Procedure.

8. The process of taking explanation from an underage shall be attended by his/her legal representative. A person under 14 is explained that it is necessary to give right explanation, but s/he is not warned about the criminal responsibility for refusal on giving the explanation or avoidance on giving the explanation or intentionally giving false explanation.

9. If a person does not speak the State language, an interpreter shall be invited. In case of taking the explanation from a deaf-mute, a person, who knows his/her speaking signs, shall be invited. If the interpreter or the person knowing the speaking signs of the deaf-mute, intentionally translates incorrectly, s/he will be held responsible as set forth in Article 370 of the Criminal code of Georgia.

10. Explanation from the invited person is taken at the sitting of the temporary investigative commission. In exceptional case, the commission can assign three of its members, from whom at least one shall not be a Majority member, to take the explanation. Before taking explanation, the person if warned about the criminal responsibility for refusal on giving the explanation or avoidance on giving the explanation or for intentionally giving false explanation, which is noted in the text of explanation and is proved by the signature of the invited person.

11. Temporary investigative commission has a right to raise the issue of law violation, revealed as a result of hearing the information on the issue under consideration, controlling and checking, before that state body or public official, which should cease the law violation, and taking into account the nature of the law violation – raise the issue of making decision on proceeding a criminal, administrative or disciplinary case, requesting the state property from illegal ownership or recovering the losses inflicted on the State.

12. Temporary investigative commission shall be informed on the results of the discussions on the issue and the measures taken not later than one month or in the term determined by the commission.    

Article 65

When necessary for its work, the temporary investigative commission has a right to raise the issue of giving its member MP the right to enter a penitentiary establishment functioning on the territory of Georgia without a special permission according to the rule determined by this Rules of Procedure. 

Article 66

1. Location and periodicity of the sittings of the temporary investigative commission are determined by the commission, but not less than two sittings shall be held per month.

2. Sitting of the temporary investigative commission is authorized if majority of the commission members are present. The decision is made by the majority of the commission members present at the sitting, if the law does not imply otherwise. In case the votes are equally divided, a new voting is held. If the decision is still not made, the issue is considered rejected.

3. Temporary investigative commission prepares conclusions, makes decisions, recommendations and proposals regarding the issue under consideration and submits them to the Bureau, the Plenary Sitting of the Parliament.

4. The members of the temporary investigative commission are informed in advance about the date and the agenda of the commission sitting. This information is put on Parliament’s web-site.

5. Other MPs and invited persons may attend the public sitting of the temporary investigative commission with an advisory vote.

6. The accredited mass media representatives may be invited to attend the public sitting of the commission. It is possible to broadcast the commission sitting on TV or radio.

7. By the suggestion of its member, the temporary investigative commission can make a decision on holding a closed sitting.

8. Publishing in full or partly the obtained information (materials), the protocol of the commission sitting, if they contain the data of the criminal case, is permitted with the consent of the Prosecutor General of Georgia. The rule of publishing the information (materials) or the protocol of the commission sitting containing State or military secret is determined by Georgian legislation.

9. Members of the temporary investigative commission as well as the other persons, who participate in the work of the commission, shall maintain the confidentiality of the Parliamentary investigation.      

Article 67

1. The work of the temporary investigative commission is fully and exactly recorded in the protocol of the commission sitting. The secretary of the commission is responsible for this.

2. Any member of the temporary investigative commission can see the protocol of the commission sitting and state his/her comments.

3. If the temporary investigative commission uses documents, which represent State, military or commercial secret, it shall follow the rules established by law for keeping and using such documents. 

Article 68

1. Temporary investigative commission discusses the conclusion on the issue under consideration publicly, with obligatory TV and radio broadcast, except those issues from the conclusion, publicity of which is limited by the legislation.

2. The draft decision or the conclusion worked out by the temporary investigative commission is submitted to the Bureau of the Parliament for putting it on the agenda of the plenary sitting of the Parliament. The Bureau shall put the issues on the agenda of the nearest plenary sitting.

3. From among its members, the temporary investigative commission chooses a speaker, who represents the position of the commission at the plenary sitting of the Parliament.

4. Plenary sitting of the Parliament, at which the draft decision or the conclusion of the temporary investigative commission is discussed, can be open or closed. By Parliament’s decision a closed sitting can be held to discuss the conclusion of the commission. At the beginning of the closed sitting the Chair of the Sitting warns the MPs and the persons, who have the right to attend the closed sitting according to the rule established by this Rules of Procedure, about the responsibility established by law for spreading the data of the commission, exploration or the preliminary investigation, the information containing State or military secret.

5.  The discussion of the conclusion of the temporary investigative commission on the plenary sitting begins with the report of the Chair of the temporary investigative commission or the person specially chosen by the commission. The speech can continue no more than 30 minutes. (If necessary, the length of the speech can be prolonged for 30 minutes by the decision of the Chair (Speaker) of the Parliament).

6.  The MPs have the right to ask question after the reporter finishes up his speech. MP can take the floor for no more than 3 minutes. Also they can use up to one minute for clarification. The MP has the right to make a statement and use time for clarification only once. After time fixed for question is over the representative is answering MPs questions one by one.

7. After the speech of the Chair, the representative of the temporary investigative commission who has the different viewpoint is expressing the opinion on the issue under consideration on behalf of the other members of commission that have different viewpoint. He can take floor no more than 10 minutes. MPs have the right to address him/her with a question. Each MP can use 3 minutes for a question only once. After the time allotted for question is over the representative is answering questions one by one.

8. After the report done by the temporary investigative commission according to rule mentioned in the paragraph 7 of this article, the MPs are given the right to speak. Each MP can use no more than 5 minutes. For this purpose, MPs are registering in the plenary secretariat and the list is submitted to the Chair (Speaker) of the sitting. The MPs are reporting according to the list given to the Chair (Speaker). It is mandatory to follow the list. It is not allowed to make statement without the Chair’s (Speaker’s) consent. Also the MP can register in the list only once. If the MP is not at the plenary sitting at the time of his turn he is deprived the right to report on that issue. The MP who is enlisted in the list mentioned above does not have the right to give his time to the other MP.

9. After the time given to MPs is over the time is given to the representatives of those factions, who are not the members of Majority or Minority, Majority and Minority is also given time in the following order and express their position to the sitting about their position regarding the issue under discussion. The time given to the representatives of the fractions can be no more than 10 minutes, and for the Majority and Minority no more than 15 minutes.

10. Reporter, the person who has the different viewpoint about the report of the Temporary Investigative Commission, MPs, representatives of factions, Majority and Minority are taking the floor at the tribune in front of the presidium.

11. After the reports of the representatives of factions, Majority and Minority are over, the word is given to the main reporter, which must be no more than 10 minutes.

12. After the final Report of the main Reporter the Chair (Speaker) of the session considers the discussion on the conclusion (draft decision) of temporary investigative commission closed.

13. In case if the commission or faction demands, the Parliament can make a decree on the conclusion (draft decision) of temporary investigative commission. The draft decree shall be discussed according to the paragraph 2 of the Article 166 of this Rules of Procedure.

14. By Parliament’s decision, along with the conclusion the temporary investigative commission submits the materials it has on hand. If the materials of the criminal case are attached to the conclusion, it is obligatory to have the permission of the Prosecutor General of Georgia to hold a public plenary sitting of the Parliament. Law determines the rule of presenting the information containing State or military secret at the public plenary sitting.

15. Temporary investigative commission is authorized to offer Parliament a suggestion about collecting the MPs’ signatures for raising the issue of impeachment of the public officials provided in the constitution of Georgia.

16. After the temporary investigative commission completes its activities, all work-related materials are handed to the Office of the Parliament according to the rule determined by the law.    

Article 69

1. The organizational-technical support to the work of the Temporary Investigative Commission is provided by the Office of the Parliament.

2. Relevant parliamentary structures (departments and offices) can be used by the Temporary Investigative Commission and it refers for this purpose to the Head of the Office of the Parliament.

3. The expenses of the Temporary Investigative Commission incurred in the period of its work are paid from Parliament’s budget. The Bureau of the Parliament determines the amount of expenses of the Temporary Investigative Commission.

4. With the purpose of preparing a specific issue, the Temporary Investigative Commission can create a working group composed of the commission members, specialists of the commission staff and invited experts. 

Article 70

1. Temporary investigative commission is authorized to incur expenses, the amount and the rule of paying of which are determined by the Bureau of the Parliament according to the proposal of the Treasury Council, within the limits of the budget allocated for Parliament.

2. For doing a specific task, the temporary investigative commission, in agreement with the head of the corresponding state body, is authorized to invite the employees of the Office of Public Prosecutor, the Ministry of Internal Affairs, State Security Service, other bodies, establishments and agencies that in case of need are freed from job duties and they maintain their salaries in the respective state bodies and are paid per diems. 

 

CHAPTER VII

Other Temporary Commission 

 

Article 71

Other temporary commission (hereinafter – temporary commission) is a temporary body of the Parliament, which is created by the Parliament’s decision in the cases determined by the constitution of Georgia and this Rules of Procedures.      

Article 72

1. The bases of work of the temporary commission are the constitution of Georgia, this Rules of Procedure and other normative acts.

2. Temporary commission is accountable and responsible to the Parliament. 

Article 73

1. Temporary commission is created:

a. On the issues of restoring the territorial integrity and de-occupation;

b. For studying a petition or a complaint on the problems of State importance.

c. For studying the activities of the State Audit Office.

2. By the request of the temporary commission, the state bodies, public officials, legal and private persons shall submit the conclusions necessary for the commission’s work and other needed materials in given time according to the rule established by this Rules of Procedure.    

Article 74

1. By submitting the appropriate written arguments, the Chair (Speaker) of the Parliament, a committee, faction or no less than one-fifth of the MPs are authorized to raise the issue of creation of the temporary commission. The number of temporary commission members shall be determined in the written suggestion. The suggestion in writing is transferred to the Parliament's Bureau for its inclusion in the agenda of the nearest plenary sitting. Parliament votes on the relevance of this suggestion by the majority of votes of the MPs present at the plenary sitting, but no less than one-fourth of enlisted members. Parliament votes on the issue of the relevance of the given suggestion. The reason, the range of the issues that need to be explored and number of temporary commission members have to be indicated in the Parliament's decision.

2. If the decree on creation of the commission is adopted the Committee on Procedural Issues and Rules determines the quotas of the proportional representation in the temporary commission and is approved by the Bureau.

3. The composition of the temporary commission is determined proportionally to the number of the MPs united in factions and those MPs, who are not united in any faction. It is possible to give or exchange the quotas according to the paragraph 4 of the Article 32 of this Rules of Procedure.

4. The Majority representation in the temporary commission shall not exceed a half of the number of the commission members.

5. According to the quotas determined by the Bureau, a faction, the Majority, the Minority and Independent MPs nominate the candidates for the membership of the temporary commission to the Chair of the Parliament.

The Rules of Procedure of the Parliament of Georgia as of December 19, 2012, # 108 - website, 28.12.2012    

Article 75

1. Pursuant to nominating the candidates for the membership of the temporary commission a draft decision on the creation of the temporary commission is put to the vote. The decision shall indicate the term of authority of the temporary commission and its members, including personality of the Chair of the temporary commission.

2. Parliamentary Faction, Majority, Minority, group of 6 MPs have the authority to name the candidate for the Chair of the temporary commission. If two or more candidates are nominated for the position of the Chair of the Temporary Commission, the Commission Chair will be elected according to the rule determined for the election of the Committee Chair. In this case the Chair of the Commission will be elected before the voting set forth in the paragraph 1 of the respective Article.

3. The decision on creation of the temporary commission is made with Parliament’s decree..

4. Temporary commission prepares the Regulations, which is approved by the Bureau of the Parliament.

5. Parliament can make the decision on termination of powers of the temporary commission and the exploration of the issue or changing the composition of the commission before the term of authority of the temporary commission expires. 

Article 76

1. Parliament determines the term of the authority of the temporary commission, but it cannot exceed three months, except the case set forth in section “a” of paragraph 1 of Article 73 of this Rules of Procedure. The authority of Commission can be prolonged for 3 months in case of paragraphs "b" and "c" of article 73. It is forbidden to create a temporary commission six months before the expiration of the term of authority of the respective Parliament.

2. The term of authority of the temporary commission determined in the paragraph "b" of article 73 of this Rules of Procedure, except the cases on prolonging the terms of authority as determined by the paragraph 1 of the respective article, can be prolonged by the initiative of the Chair (Speaker) of the Parliament, decree of the Parliament. Prolongation of the terms of the authority is determined by the decree of the parliament according to this initiative.

3. The temporary commission created in the case determined in section “a” of paragraph 1 of article 73 of this Rules of Procedure, shall submit to Parliament a report on the work done at least once in every three months, also at the time of termination or prolongation of authority they should submit the report. If it does not submit the report or Parliament considers it unsatisfactory, Parliament makes decision with its decree to change the Chair and the members of the temporary commission.

4. The draft decision or the conclusion presented by the temporary commission can be regarded as enough basis for making the decision on the issue under consideration.

5. If the temporary commission does not submit the draft decision or the conclusion on the issue under consideration in the given time, Parliament hears the report on the activity of the temporary commission at its nearest plenary sitting, based on which it makes the decision on evaluation of the work of the temporary commission. If Parliament considers the draft decision, conclusion or the report on the work done presented by the temporary commission as unsatisfactory, it makes the decision provided in paragraph 3 of this article.

6. Three months before the term of the authority of the Parliament expires, the temporary commission is obliged to present the report of its activities.    

Article 77

A member of the temporary commission can participate in the activities of the temporary commission on equal terms, express his/her remarks, suggestions and views on the issue under consideration, elect and be elected on the positions of the temporary commission, take a different position and express it at the plenary sitting of the Parliament.    

Article 78

1. A member of the temporary commission may leave the commission by his/her personal statement.

2. The subject, which nominated the member of the temporary commission, can recall him/her.

3. The temporary commission can remove its member, if the latter does not participate in the work of the temporary commission for two weeks one after another, misses the commission sittings, exceeds his/her powers, also in the cases determined by the Regulations of the commission. The temporary commission makes this decision by no less than two-thirds of votes of the commission members present at the plenary sitting and informs Parliament on this.

4. A member of the temporary commission nominated by the faction, terminates his/her activities in the commission in the cases of giving or exchanging the proportional representation quotas or returning back such quotas if s/he is appointed by this quota. The faction has a right to nominate a new candidate, on which the Chair of the commission informs Parliament at the nearest plenary sitting.

The Rules of Procedure of the Parliament of Georgia as of December 19, 2012, # 108 - website, 28.12.2012 

Article 79

1. The officials of the temporary commission are: Chair of the commission, deputy Chair and secretary of the temporary commission.

2. The Chair of temporary commission is elected for the term of the office of the temporary commission. Resignation of the Chair is carried out according to the rules set forth in the article 34 of this Rules of Procedure.

3. The Chair of the temporary commission:

a) Convenes the first organizational sitting of the temporary commission within three days after the temporary commission is created;

Compiles a list of the candidates for the membership of the temporary commission and submits it to Parliament’s plenary sitting;

b) Represents the temporary commission in Parliament, outside of it and in the relevant inter-parliamentary relations;

c) Calls and leads the sittings of the temporary commission;

d) Coordinates the activities of the members of the temporary commission;

e) Signs the decisions of the temporary commission and the protocols of its sittings;

f) Exercises other powers as provided by this Rules of Procedure and other legislative acts.    

Article 80

1. The Deputy Chair of the temporary commission:

a) performs the rights and duties of the Chair of the temporary commission by the latter’s assignment or the assignment of the temporary commission;

b) in case the Chair of the temporary commission cannot perform his/her rights and duties, s/he is removed, s/he resigns or his/her powers as of the MP are terminated ahead of time, performs the duties of the Chair of the commission until the new Chair of the temporary commission is elected.

2. Secretary of the temporary commission:

a) Organizes the conduct of the sittings of the temporary commission;

b) Manages the office work of the temporary commission, signs the protocols of the sittings of the temporary commission;

c) Exercises other powers provided by the Regulations of the temporary commission.    

Article 81

1. The temporary commission elects the Deputy Chair and the secretary of the temporary commission at its first organizational sitting, prepares the Regulations of the temporary commission, which is approved by the Bureau.

2. The Deputy Chair and the secretary of the temporary commission are elected and removed according to the rule established by this Rules of Procedure for electing and removing the Deputy Chair.    

Article 82

1. The temporary commission determines the periodicity of the sittings of the temporary commission, but it cannot fall short of two sittings per month.

2. The sitting of the temporary commission is authorized if the majority of the members of the temporary commission are present.

3. The sitting of the temporary commission is public. A closed sitting can be held by the decision of the temporary commission. The members shall attend the sitting of the temporary commission. The commission members are informed in advance about the date and the agenda of the sitting.

4. Other MPs with the advisory vote, those persons, whose participation is necessary in the work the temporary commission by the commission’s decision, also the accredited representatives of mass media can attend the sitting of the temporary commission. 

Article 83

1. The work of the temporary commission is recorded exactly and fully in the protocol of the commission sitting. The secretary of the commission is responsible for this.

2. Any member of the temporary commission can see the protocol of the commission sitting and state his/her comments.

3. If the temporary commission uses documents, which represent State, military or commercial secret, it shall follow the rules established by law for keeping and using such documents. 

Article 84

1. The temporary commission prepares conclusions, makes decisions, recommendations and proposals on the issue under consideration and submits them to the Bureau of the Parliament or/and plenary sitting of the Parliament.

2. The temporary commission makes decision by the majority of the commission members present at the sitting. If the votes are equally divided, a new voting is held. If the decision is still not made, the issue will be regarded as rejected. 

Article 85

1. The draft decision or the conclusion worked out by the temporary commission is submitted to the Bureau of the Parliament for putting on the agenda of the plenary sitting of the Parliament. The Bureau shall put the issue on the agenda of the nearest plenary sitting of the Parliament.

2. The plenary sitting of the Parliament, at which the draft decision or the conclusion of the temporary commission is discussed, can be public or closed.

3. Chair of the temporary commission or the speaker represent the position of the commission at the plenary sitting of the Parliament.

4. The conclusion (draft decision) of temporary commission is discussed according to the rule set forth in the paragraph 5-13of article 68 of this Rules of Procedure. 

Article 86

1. Office of the Parliament provides the temporary commission with organizational-technical service.

2. The expenses incurred by the temporary commission in working period are paid from Parliament’s budget. The Bureau of the Parliament, according to the proposal of the Treasury Council, determines the amount of the expenses of the temporary commission.

3. In order to prepare a certain task, the temporary commission can create a working group composed of members of the commission and invited experts.

4. After completing its task, working materials of the temporary commission are handed to the Office of the Parliament as defined by the law.

 

CHAPTER VIII

Faction

Article 87

1. The rules regarding the creation and activities of a Parliamentary faction are determined by the Constitution of Georgia, by this Rules of Procedure and other normative acts.

2. A faction is a union of the MPs created for the achievement of common political goals.

3. The members of one political party can create only one faction. Member of the Parliament except the Majoritarian MPs, if his/her party members have formed a faction, cannot join the other faction.

4. It is forbidden to create a faction for personal, professional, local, regional or religious purposes. 

Article 88

The tasks of the faction are to:

a) Express and pursue its political course in the supreme legislative body regarding the issues of country’s foreign and domestic policies;

b) Participate in perfecting the activities of the Parliament and its bodies; support Faction members’ adherence to this Rules of Procedure and the Parliamentary rules of behavior;

c) Express the faction’s conformed view when exercising the principal – legislative activity of the Parliament. 

Article 89

1. At least 6 MPs, whose powers are confirmed by the Parliament, can form a faction.

2. The MPs, who intend to create a faction, work out the faction’s political platform and Charter.

3. Internal organizational issues of the Faction are regulated by its charter, which is in line with Constitution of Georgia, this Rules of Procedure and other legislative acts.

4. The Charter of the faction shall determine the rules for creation of the faction and changes of its composition, rules for electing faction governing bodies and officials, their competencies, authority of the faction members, objective and goals of the faction, its structure and legal status of the structural entities, also procedure on general or partial revision of the procedure.

5. A faction is considered created from the moment at least 6 MPs united in it adopt the faction’s political platform and Charter.

6. Registration of a newly created faction is mandatory.

7. A union of MPs acquires the status of the Parliamentary faction after the registration. 

Article 90

1. Parliamentary faction elects its Chair from among its members before its registration.

2. In order to register as a Parliamentary faction, at the very first meeting of the newly elected Parliament the faction Chair shall address the Temporary Mandatory Commission with a statement that contains the faction’s official name and the names of its Chair, other officials, and members. The political platform and the Charter of the faction are also to be attached to the statement. The Temporary Mandatory Commission immediately considers the issue of registration of the faction and makes the decision. If the

Temporary Mandatory Commission fails to make any decision at the first sitting of the Parliament, the faction is considered registered from the moment of submitting the document. The faction, which was rejected of registration, has a right to raise the issue of righteousness of the decision of the Temporary Mandatory Commission at the plenary sitting of the Parliament.

3. In order to register a faction, except the case set forth in paragraph 2 of this article, within one week of the creation of the faction the faction Chair shall address the Chair (Speaker) of the Parliament with a statement that contains the faction’s official name and the names of its Chair, other officials, and members. The political platform and the Charter of the faction are also to be attached to the statement. The Chair (Speaker) of the Parliament immediately presents the materials submitted for registration of the faction to the Committee on Procedural Issues and Rules, which submits its conclusion to the Bureau of the Parliament at the next sitting. If the Bureau of the Parliament does not make other justified decision at the discussion on the conclusion of the committee, the faction will be regarded as registered from the moment of submitting the documents to the Chair (Speaker) of the Parliament. The decision of the Bureau is reported to the nearest plenary sitting of the Parliament and posted on the Parliament's website.

4. If a faction does not meet the requirements of paragraph 4 of Article 87 and paragraphs 1 and 2 of Article 89 of this Rules of Procedure, the faction shall be rejected from registration. The faction, which was rejected of registration, has a right to raise the issue of legitimacy of the decision of the Bureau of the Parliament at the plenary sitting of the Parliament.    

Article 91

1. MP can be united only in one (1) faction.

2. MP, who intends to become a member of the Faction applies in writing to the Chair of the faction.

3. Faction discusses the MPs request according to the rule determined in the Charter of the Faction and makes a decision.

4. The Chair of the Faction within three days informs in writing form the Committee on Procedural Issues and Rules and the Organizational Department of the Office of the Parliament.

5. MP may leave the faction any time without any motivation, on which s/he informs in writing Chair of the faction, notifies the Committee on Procedural Issues and Rules and the Organizational Department of Office of the Parliament. 

6. If less than 6 members remain in the faction after a member leaves the faction or s/he is removed, the faction is regarded as abolished on the 7th day after submitting a statement on member’s leave or removal from the faction. Within this period, the faction maintains the rights defined by this Rules of Procedure. The Committee on Procedural Issues and Rules informs Parliament on abolition of the faction at the nearest plenary sitting.

7. A faction has a right to expel a member as provided in its Charter.

8. Within three days the faction Chair informs the Committee on Procedural Issues and Rules and the Organizational Department of Office of the Parliament on the expulsion of a member from the faction.

9. Election, removal, resignation of the faction Chair and other officials, also the amendments in the founding documents of the faction are reported to the Chair (Speaker) of the Parliament and the Committee on Procedural Issues and Rules within three days.

10. The information on the changes set forth in paragraphs 4-9 of this article are reported to Parliament by the Committee on Procedural Issues and Rules and posted on Parliament's website.    

Article 92

1. By means of representation, a faction participates in the activities of committees, investigative and other temporary commissions and Parliamentary delegations.

2. The number of faction representatives in Parliamentary bodies is determined proportionally to the number of MPs united in the faction.

3. A member nominated by the faction stops his/her activity in Parliamentary body if s/he is expelled from the faction, s/he leaves it or the faction recalls him/her from this body, giving or exchange quotas of proportional representation, or returning given or exchanged quotas if s/he is appointed by such quotas according to the rules determined by this Rules of Procedure. The faction can nominate a new candidate and the head of the respective Parliamentary body informs Parliament on this.

4. In case factions are abolished, they merge or the members leave the factions or they are expelled, the Committee on Procedural Issues and Rules of the Parliament determines the new quotas of proportional representation of factions.

5. If the faction’s quotas of proportional representation are increased, the relevant faction decides the personal issues of the faction representation in Parliamentary bodies.

6. If the faction’s quotas of proportional representation are decreased, the faction itself has to resolve the issue of withdrawing its members from this or that Parliamentary body. If the faction fails to meet this requirement within 1 week, the issue of withdrawing relevant member of the faction from this or that Parliamentary body is decided by the relevant body.

The Rules of Procedure of the Parliament of Georgia as of December 19, 2012, # 108 - website, 28.12.2012      

Article 93

The faction exercises the powers provided in paragraph 2 of Article 89, paragraph 1 of Article 90 and paragraphs 2 and 7 of Article 91 from the moment of the creation. 

Article 94

1. A faction has a right to launch a legislative initiative as provided in Article 67 of the constitution of Georgia.

2. A faction has a right to address with a question the bodies accountable and responsible to Parliament, the Government and individual members of the Government of Georgia and they have to answer the question.

3. Member of the Government of Georgia, the official who was elected, appointed and confirmed by Parliament, also the official whose appointment was approved by Parliament in case of request is obliged attend the sitting of a faction, answer the questions asked during the sitting and report on the work done. The official must be given the floor in a faction upon request.

4. According to the rule determined by this Rules of Procedure, a faction has a right to express its opinion at the plenary sitting of the committee or Parliament on the candidate that is to be elected, appointed or confirmed by Parliament or on the candidates, whose appointment needs Parliament’s consent, also participate in the discussion, demand holding the political debates and exercise other powers provided by Georgian legislation.

5. A faction, which is not united in the Majority or the Minority, has a right to take the floor for 30 minutes twice during one session. The faction can raise this issue after the discussion on the issue is over, any time except during the voting procedure; Parliament has to immediately give the floor to the faction.

6. The Office of the Parliament, upon the request of the faction, is obliged to communicate among the MPs the official appeal of the faction.    

Article 95

1. The faction sitting is the supreme body of a faction.

2. The Charter of the faction determines the periodicity of the faction sittings.

3. In case determined by the Charter of the faction or by the decision of the faction, there can be held a public or closed sitting.

4. The sitting of the faction is authorized to:

a) Adopt the changes into the Charter of the faction;

b) Elect the faction officials;

c) Decide on the issue of accepting new members in the faction or expelling a member of the faction;

d) Decide the issue of faction’s joining the Majority or the Minority;

e) Nominate candidates for the elected positions of the Parliament of Georgia;  

f) Determine the rules of using of the quotas of proportional representation;

g) Make a decision about expressing the faction’s joint position on the issue that is to be discussed at the plenary sitting of the Parliament;

h) Regarding the draft law put in the agenda of the plenary sitting of the faction, appoint a speaker to present the faction’s position at the plenary sitting of the Parliament;

i) In the frame of allocated appropriations elaborate rules on spending of remuneration and travel costs of faction’s staff and present it to the authorized entity for the approval;

j) Decide on separate issues related to faction’s activities;

k) Exercise other powers determined by this Rules of Procedure and Georgian legislation.

5. The officials of the faction are: faction Chair, Deputy Chair and secretary. This Rules of Procedure and the Charter of the relevant faction determine their authority and the rules of electing, removing, dismissing and resigning.    

Article 96

1. The faction Chair:

a) Manages the activities of the faction;

b) Represents the faction in the Parliament and outside of it;

c) By the position is a member of the Bureau of the Parliament;

d) Leads the sittings of the faction;

e) Exercises other powers determined by the Charter of the faction.

2. The Deputy Chair of the faction manages a certain direction of the faction’s activity by the assignment of the faction Chair and when necessary, fulfils the duties of the faction Chair as provided in the Charter of the faction.

3. The secretary of the faction fulfils the tasks of the faction Chair and the Deputy Chair, manages the internal organizational activity of the faction, exercises other powers provided by the Charter of the faction.

4. The managing person of the faction signs all documents issued by the faction.      

Article 97

1. A faction is given a relevant place in the Sitting Hall and a working space – in the building of the Parliament.

2. The staff of the faction ensures the activities of the faction. The Treasury Council of the Parliament proposes and the Bureau of the Parliament confirms the salary fund for the employees of the faction‘s staff proportionally to the faction representation. 

 

CHAPTER IX

The Majority and the Minority 

Article 98

1. If the total number of MPs united in the faction exceeds the half of enlisted members, that faction receives the status of the Majority.

2. The Majority may be created by factions and by the MPs who are biased toward those factions but are not united in any faction so long as the total number of unified members exceeds half of the enlisted members.

3. In case of the creation of the Majority, the Minority may also be created.

4. If the total number of MPs united in the faction exceeds half of the number of those MPs who are not involved in the Majority, the faction may request and receive the status of the Minority.

5. The Minority may be created by Parliamentary factions and by MPs who are biased towards those factions but are not united in any faction so long as the total number of unified members exceeds half of the number of MPs not united in the Majority. 

Article 99

1. The Majority and the Minority acquire authority after being registered by the Bureau of the Parliament and on the first sitting of the newly elected Parliament – after being registered by the temporary mandate commission of the Parliament. For the registration, the leader of the Majority and the Minority address the Bureau with the statements that must contain the names of the leaders and the members of respectively the Majority and the Minority. The political platforms and Regulations of the Majority and the Minority signed by their respective leaders and by the chairs of the individual factions that are united under them, shall be attached to the statements.

2. Within three days the Bureau of the Parliament is informed in writing about the changes in the compositions of the Majority and the Minority and in their political platforms and Regulations.

3. The registration information is reported to Parliament and is posted on Parliament's website. 

Article 100

1. The officials of the Majority and the Minority are:

a) The leaders of the Majority and the Minority;

b) The deputy leaders of the Majority and the Minority;

c) The secretaries of the Majority and the Minority.

2. The Regulations of the Majority and the Minority determine the rule of adopting changes in the compositions of the Majority and the Minority, the rule of electing and removing the officials, the authority of the members and the structure.    

Article 101

The Majority and the Minority have a right to take the floor four times for 30 minutes during one session. The Majority and the Minority can raise this issue after the discussion on the issue is over, any time except during the voting procedure; Parliament has to immediately give the floor to them.      

Article 102

The activities of the Majority and the Minority are ensured by their Offices. The payroll of the staff of the Majority and Minority, which is defined proportionally to the number of MPs united there, is approved by the Bureau of the Parliament upon submission of the Treasury Council of the Parliament.  

 

CHAPTER X

Inter-faction group 

Article 103

1. In order to overcome the differences in views arisen in Parliament at the discussions of draft laws and other issues and for concretizing-conforming certain statutes, an inter-faction group is created by the order of the Chair (Speaker) of the Parliament based on the consultations with factions.

2. The inter-faction group is authorized to apply to the Chair (Speaker) of the Parliament and the Bureau with its own opinions and proposals about the draft law or other issue.

3. Based on the submitted relevant written arguments, the Bureau of the Parliament decides to allocate necessary funds to the inter-faction group.  

 

PART III

 

CHAPTER XI 

PARLIAMENTARY OFFICIALS 

    

Article 104

1. Parliamentary officials are:

a) Chair (Speaker) of the Parliament;

b) First Deputy Chair of the Parliament;

c) Deputy Chairmen of the Parliament;

d) Committee Chair;

e) Leaders of the Majority and the Minority; Faction Chair;

f) Chairmen of the Investigative and other Temporary Commissions;

g) First Deputy Committee Chairmen and Deputies;

h) Chief (Head) of the Office of the Parliament.

2. An MP may be elected to only one position except the position s/he is holding in the Majority, Minority, faction and Temporary Commission.

3. Parliamentary officials within their competencies coordinate the work of the Parliament and its bodies.

4. If the officials mentioned in paragraph 1 of this article are elected on inappropriate position, their authority shall be terminated at the time of election on the position based on the same decree.

 

 

CHAPTR XII

The Chair (Speaker) of the Parliament

 

Article 105                                         

1. At its first session Parliament elects the Chair (Speaker) of the Parliament by secret vote from among its members for its term of authority.

2. The Majority, the Minority, a faction, which is not united in the Majority or the Minority, and a group of six MPs, have a right to nominate a candidate for the position of the Chair (Speaker) of the Parliament.

3. The written statement on nomination of a candidate for the position of the Chair (Speaker) of the Parliament is submitted to the Chair of the plenary sitting, who compiles a joint list of the relevant candidates according to the sequence they were nominated. After the candidates are nominated, the sitting Chair publishes the list and asks the candidates’ consent to be voted on this position.

4. A candidate for the Parliamentary Chair can withdraw his/her candidacy any time without any explanations.

5. A candidate for the Parliamentary Chair is given the floor for 20 minutes during the plenary sitting and the relative time for answering the questions, after which the debates start according to the rule determined for conducting the first hearing of a draft law.

6. A candidate shall be deemed elected for the position of Speaker of the Parliament if s/he is supported by the majority of enlisted members.

7. Chair (Speaker) of the Parliament is elected through a closed voting. If 1 or 2 candidates are participating in the elections, the voting is held simultaneously via electronic system (the candidate nominated first is voted by pressing the "for" button, the candidate nominated as second - by pressing "against" button); if more than 2 candidates are participating in the elections, the voting is held by ballots.

 

Article 106

1. If only one candidate was participating in the elections of the Chair (Speaker) of the Parliament and s/he was not elected, the new elections are held.

2. If two candidates were participating in the elections of the Chair (Speaker) of the Parliament and none of them received the necessary number of votes, the candidate with more votes is put to vote again. If in this case s/he still does not receive the necessary number of votes, the new elections are held.

3. If more than two candidates were participating in the elections of the Chair (Speaker) of the Parliament and none of them received the necessary number of votes, the next round of the elections is held between those two candidates, who received more votes. If still none of them receive the necessary number of votes, the candidate who received more votes, is put to vote again. If neither in this case s/he receives the necessary number of votes, the new elections are held. If the candidate, who enters the next round, withdraws his/her candidacy, the next candidate according to the number of votes received, is put to the vote instead.

4. If the votes divide equally, the new voting is held.

5. A candidate for the Parliamentary Chair (Speaker) can withdraw his/her candidacy before each voting.

    

Article 107

The Chair (Speaker) of the Parliament:

a. Represents Parliament of Georgia in domestic and foreign affairs;

b. Performs full administrative functions in the Palace of the Parliament;

c. Leads the work of the Parliament, guides the activities of the Parliamentary bodies and officials;

d. Presides over the plenary sittings of the Parliament and convenes and presides over the sittings of the Bureau of the Parliament. If necessary he/she may pass these rights and duties to one of his deputies;

e. Defines the responsibilities of the Deputy Chairmen and gives them specific  tasks by Order;

f. Signs the appeal on the draft laws adopted by Parliament that are submitted to the President of Georgia;

g. Signs the draft laws and promulgates the laws in the cases provided for in the Constitution and in Article 171 of this Rules of Procedure;

h. Signs and promulgates the Rules of Procedure, signs other acts adopted by Parliament;

i. Defines the budget of the Parliament and submits it to the Parliament for the approval;

j. Approves the review schedule for the draft law on the state budget and draft law on amendments to the law on the state budget;

k. Issues the order within his/her competency;

l. Performs the duties of the President of Georgia for a set period of time in cases mentioned in the Article 76 of the Constitution;

m. In cases determined by this Rules of Procedure proposes, if necessary, the creation of investigative or other temporary commissions to the Parliament;

n. Proposes a suggestion on convening a special session or sitting of the Parliament to the president of Georgia according to the rule established by this Rules of Procedure;

o. Nominates a candidacy of his/her own first deputy to be elected by the Parliament;

p. Nominates the candidate for the position of committee Chair in the case determined by paragraph 4 of Article 33 of this Rules of Procedure;

q) Nominate the candidate for the position of Auditor General;

q¹) Issues service card for the General Prosecutor of Georgia in accordance with set sample.

r. Creates the Treasury Council in order to spend Parliament’s budget appropriately, approves the Regulations of the Treasury Council and appoints, with the consent of the Bureau, members of the Treasury Council;

s. In order to ensure systemic and coordinated work on the gender issues, creates and according to the Article 283 of this Rules of Procedure leads the Gender Equality Council;

t. Approves the members of the council nominated by the Chair of the Gender Equality Council;

t¹. Leads the Board of Members of the Budget Office, assigns and dismisses the Head of the Parliament Budget Office, approves the Regulations of the Parliament Budget Office;

t² In order to ensure Parliament transparency and Parliament systemic and coordinated work, creates Standing Parliamentary Council for open and transparent government in accordance with Article 283¹ of this Rules of Procedure;

 u. Determines the composition of the joint coordination council of the supreme representative bodies of the Parliament and Autonomous Republics;

v. Appoints the head of the Parliamentary Delegation;

w. Decides, on the basis of this Rules of Procedure, issues of foreign missions of individual

MPs and of the Parliamentary delegations;

x. Guarantees the security of the Parliament and the Member of the Parliament and the protection of their dignity;

y. Guides the activities of Office of the Parliament and other subsidiary bodies;

z. Approves the Regulations and the structure of Office of the Parliament, the number of staff units, determines the remuneration amount and the appendage;

aa. Appoints and dismisses the Chief of the Office of the Parliament, the Deputy Chief of the Office of the Parliament (in the presence of such), the heads of the departments and services comprising Office of the Parliament as provided in this Rules of Procedure;

bb. Decides the issues of disciplinary responsibility as provided in this Rules of Procedure;

cc. Approves the security regime in the Palace of the Parliament and the surrounding territory;

dd. (deleted - 22.03.2013, #382).

ee. On behalf of the Parliament assigns the representative powers, including proxy (power or attorney) to the Constitutional and Common Courts of Georgia;

ff. Invites those officials to Parliament’s plenary sitting who do not have a right to attend the plenary sitting, also the representatives of the public who wish to attend the plenary sitting;

gg. Approves the rules of holding press conference and accrediting the mass media representatives at Parliament;

hh. According to this Rules of Procedure gives the right to MP by order to enter the penitentiary establishments without the special approval;

ii. Authorizes the rules of reimbursement of the expanses for the official visits, for the MPs and the Office of the Parliament;

jj. Authorizes allowances for overtime work and for special efficient workload for the Office of the Parliament and other allowances;

kk. Makes decision on awarding the person with the Order of Freedom and the Medal of the Parliament;

ll. Submits the candidates for the membership of selection committee for the membership of the Board of the Public Broadcaster to the Parliament for the approval;

mm. Exercises the powers provided by this Rules of Procedure and other legislative acts.

The Rules of Procedure of the Parliament of Georgia as of March 22, 2013, # 382 - website, 28.03.2013

The Rules of Procedure of the Parliament of Georgia as of May 13, 2013, # 675 - website, 11.06.2013

    

Article 108

1. The Chair (Speaker) of the Parliament has a right to publicly state about his/her resignation without any explanations. Parliament accepts this fact as a notification at the nearest plenary sitting and writes this down in the protocol of the sitting.

2. The Chair (Speaker) of the Parliament is regarded as resigned from the moment of making the public statement.

    

Article 109

1. Parliament may remove the Chair (Speaker) of the Parliament from the position. No less than one-third of one-third of all the members, in writing, can raise before Parliament the issue of removing the Chair (Speaker) of the Parliament.

2. The demand on removing the Chair (Speaker) of the Parliament shall be motivated in writing.

3. Within 7 days the Committee on Procedural Issues and Rules examines the validity of the MPs’ signatures and presents its conclusion to Parliament at the plenary sitting.

4. After receiving the conclusion set forth in paragraph 3 of this article, the Parliament makes a decision with its decree to start discussion on the issue of removing the Chair (Speaker) of the Parliament. Parliament makes a decision on removing the Chair (Speaker) of the Parliament within 15 days of the start of the floor discussions.

5. If less than (one) a month is left until the end of the session, the issue of removing the Chair (Speaker) of the Parliament is considered at the next session.

6. It is prohibited to hold the procedure of removing the Chair (Speaker) of the Parliament at the extraordinary a special session or sitting of the Parliament.

7. The Chair (Speaker) of the Parliament is considered removed if two-thirds of enlisted members register and the majority of enlisted one-third of all the members, members support the proposal on the removal.

8. If Parliament fails to make a decision on removing the Chair (Speaker) of the Parliament, the issue will be regarded as withdrawn and it is prohibited to discuss this issue on the same session.

    

Article 110

In case of early termination of the Chair (Speaker) of the Parliament’s powers, Parliament, within ten days and according to the established rules, elects a new Chair (Speaker); if only there are no plenary sittings in the period of considering the issue or ten days are left before the end of the session, the issue is discussed at a special session.

 

Article 111

1. In case the Chair (Speaker) of the Parliament carries out the duties of the President of Georgia as provided in the constitution of Georgia, when the Chair (Speaker) of the Parliament cannot perform his/her rights and duties or s/he is removed or s/he resigns, the Deputy Chairmen of the Parliament carry out the duties of the Chair (Speaker) of the Parliament according to the following rules determined by the constitution of Georgia and this Rules of Procedure:

a) If the Chair (Speaker) of the Parliament performs the duties of the President of Georgia as provided in the Constitution of Georgia, s/he assigns one of his/her deputies to carry out the duties of the Chair (Speaker) of the Parliament for this period by issuing the order, which is confirmed by Parliament’s decree;

b) When the Chair (Speaker) of the Parliament cannot perform his/her rights and duties, one of his/her deputies carries out the duties of the Chair (Speaker) of the Parliament by the latter’s assignment;

c) If the Chair (Speaker) of the Parliament resigns from the position, one of his/her deputies carries out the duties of the Chair (Speaker) of the Parliament by the latter’s assignment, if the Parliament does not decide otherwise;

d) If the Chair (Speaker) of the Parliament cannot assign one of his/her deputies to carry out his/her rights and duties, with its decree Parliament assigns performing the duties of the Chair (Speaker) of the Parliament to one of his/her deputies.

2. A faction, which is not united in the Majority or the Minority as well as the Majority and the Minority can nominate the candidate for performing the duties of the Chair (Speaker) of the Parliament in the cases set forth in subparagraphs “c” and “d” of paragraph 1 of this Article.

3. If in the case set forth in subparagraphs “a”, “b” and “c” of paragraph 1 of this Article the Parliament fails to make a decision by the first voting, the candidate of another Deputy Chair of the Parliament is considered and the voting is held.

4. The issue of appointing (confirming) the performer of the Chair (Speaker) of the Parliament’s duties is resolved at the nearest plenary sitting of the Parliament.

5. Before the adoption of decision envisioned by subparagraph “a” and “d” of paragraph 1st of this article the plenary session(s)are led by the First Deputy Chair of the Parliament.

    

Article 112

1. An MP who was the Chair (Speaker) of the previous Parliament, is provided with the same salary and working conditions (working space, secretariat, communication and other technical facilities), which are provided to the acting Deputy Chair of (active) Parliament.

2. The ex-Chair (Speaker) of the Parliament uses the work car and is ensured by the state security for the term of authority of active the Parliament.

3. The expenses associated with the services set forth in paragraphs 1 and 2 of this article are paid from the budget of the Parliament.

4. The restrictions determined by this Rules of Procedure for considering an issue at the plenary sitting of the Parliament do not apply to the ex-Chair of the Parliament.

 

 

 

CHAPTER XIII

The Deputy Chairmen of the Parliament

 

 

Article 113

1. Parliament elects the Deputy Chairmen of the Parliament according to the rule established by this Rules of Procedure from among its members by the majority of enlisted members with a secret vote for the term of its authority:

a) One Deputy Chair is elected from the MPs elected from the Autonomous Republic of Abkhazia and one - from the majoritarian MPs elected from the Autonomous Republic of Adjara by the nomination of the majority of these MPs;

b) The Chair (Speaker) of the Parliament can nominate the candidate for the position of first Deputy Chair (Speaker) of the Parliament;

c) The Majority can nominate not more than 3 candidates on the position of Deputy Chair of the Parliament.

d) The factions created by the election subjects that passed the threshold of the Parliamentary elections, which are not united in the Majority shall have the right to nominate one, but not more than 3 candidates for the position of Deputy Chair of the Parliament. 

2. Written statement on the nomination of Deputy Chair is submitted to the Chair (Speaker) of the Parliament, who puts the issue on the agenda of upcoming plenary session according to the rules set by this Rules of Procedure.

3. If the candidate nominated according to the rules set forth in paragraph 1 of this article does not receive the necessary number of votes, the subjects who have a right to nominate them (the MPs), can nominate a new candidate. If s/he either does not receive the necessary number of votes, both candidates are put to vote together and the candidate, who receives more votes, but no less than one-third of all the votes of the Parliament, is regarded as elected. If both candidates receive equal number of votes, the candidate nominated first will be regarded as elected.

4. The subjects determined in paragraph 1 of this article can any time withdraw the Deputy Chairmen of the Parliament elected by their nomination. The statement on the withdrawal of the Deputy Chair of the Parliament is submitted to the Chair (Speaker) of the Parliament, who informs about this the Bureau of the Parliament and Parliament at the nearest plenary sitting. Parliament accepts this fact as a notification. Immediately after accepting this fact as a notification, the authority of the Deputy Chair of the Parliament is terminated, which is written down in the protocol.

5. The MPs elected from the Autonomous Republic of Abkhazia and the majoritarian MPs elected from the Autonomous Republic of Adjara make the decision on the withdrawal of the Deputy Chair of the Parliament by the majority of votes, which they confirm by signing the statement submitted to the Chair (Speaker) of the Parliament.

 

Article 114

The Deputy Chair of the Parliament can resign from the position according to the rule determined in Article 108 of this Rules of Procedure.

 

Article 115

If the Deputy Chair of the Parliament resigns, s/he is dismissed or his/her powers as of the MP is terminated ahead of time, the Parliament as a rule, within 15 days elects a new Deputy Chair of the Parliament. If less than 15 days are left before the end of the session, the issue is considered at the first sitting of the next session.

 

CHAPTER XIV

The Bureau of the Parliament

 

    

Article 116

In order to organize Parliament’s activities the Bureau of the Parliament is created comprising the Chair (Speaker) of the Parliament, his/her deputies, and the Chairmen of committees and factions.

 

    

Article 117

By the rules provided in this Rules of Procedure, the Bureau of the Parliament:

a. Prepares and presents for Parliament’s approval draft agenda of the plenary sittings of the session week; is authorized to put an issue on the draft agenda of the plenary sitting of the Parliament if the terms and rule of committee discussions determined by this Rules of Procedure are not violated; also, upon necessity prepares a two-week cycle work plan for the Parliament's session;

b. Considers the conclusions on the draft laws that are to be discussed on the floor, conclusions of the committees, investigative and other temporary commissions, drafts of resolutions and addresses;

c. Discusses the conclusions of relevant committees on giving a vote of confidence to the Government of Georgia, on electing, appointing and confirming the officials as provided in the constitution of Georgia, based on them prepares the conclusion and presents it to the President of Georgia and Parliament;

d. By the proposal of the Committee on Procedural Issues and Rules, approves the quotas of proportional representation in committees, investigative and other temporary commissions, permanent Parliamentary delegations;

e. Confirms the Regulations of committees, investigative and other temporary commissions;

e¹. Confirms the statute of the Majoritarian MP's bureau presented by the Committee on the Procedural Issues and Rules;

f. Decides the issues of registration of factions, the Majority and the Minority according to the rule established by this Rules of Procedure;

g. Decides upon the registration of a person as a lobbyist;

h. Ensures that the reports of the MPs and the delegations sent abroad are heard during the session of the Bureau of the Parliament or at the plenary sitting of the Parliament;

i. Approves the proposals (recommendations) accepted by the Board of Treasurers;

j. Makes decisions on separate organizational issues of the Parliament’s activities;

j¹. Approves the statute of the selection committee on the candidates for the membership of the Board of the Public Broadcaster;

l. Exercises other powers provided by this Rules of Procedure and other legislative acts.

The Rules of Procedure of the Parliament of Georgia as of March 22, 2013, # 382 - website, 28.03.2013

The Rules of Procedure of the Parliament of Georgia as of May 13, 2013, # 675 - website, 11.06.2013

    

Article 118

1. The Chair (Speaker) of the Parliament or by his/her assignment – the Deputy Chair of the Parliament convenes and leads the sittings of the Bureau of the Parliament.

2. In the session period the sittings of the Bureau of the Parliament are held at 15 pm every Monday, and as needed - in non-session period.

3. The Chair (Speaker) of the Parliament can convene a special sitting of the Bureau of the Parliament by his/her own initiative or by a well-reasoned written request of a committee, a faction, the Majority or the Minority.

4. The sitting of the Bureau of the Parliament is authorized if the half of enlisted members of the Bureau of the Parliament are present. It makes a decision by the majority of the Bureau members present at the sitting, but by no less than a half of the quorum necessary for opening (authorizing) the sitting.

5. As a rule, the sitting of the Bureau of the Parliament is public. The Bureau sitting may be closed if it is requested by the member of the Bureau and his request is approved by the majority of Bureau members. The number of people attending the closed Bureau sitting is approved by the official determined in 1st paragraph of this article.

6. The members of the Bureau of the Parliament shall attend its sitting. If the committee Chair cannot attend the sitting of the Bureau of the Parliament for unjustifiable reasons, his/her deputy shall replace him/her with the same vote, the faction Chair shall be replaced with his/her deputy or a member of the faction by presenting the relevant document, with the same vote.

7. The Chairmen of investigative and other temporary commissions, the leaders of the Majority and the Minority, a head of inter-faction group, an MP, the Chief of the Office of the Parliament can attend the sittings of the Bureau of the Parliament with advisory vote.    

8. A Member of Government of Georgia, the Chair of the Constitutional Court of Georgia, the Chair of the Supreme Court of Georgia, the Prosecutor General of Georgia, the Auditor General, the President of 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 Chair of the Central Election Commission of Georgia can raise an issue before the Bureau of the Parliament and with an advisory vote, participate in the discussion of the issue.

    

Article 119

1. The decisions made by the Bureau of the Parliament are reported to the Parliament at the nearest plenary sitting.

2. Parliament can abolish the decisions of the Bureau of the Parliament or adopt changes in them by the majority of votes of the MPs present at the plenary sitting, but no less than one-fifth of the enlisted members.

3. The decisions of the Bureau of the Parliament are drawn up in the protocols of the sitting. The extracts from the protocols of the sittings are as appropriate.

 

 

PART IV

SESSIONS OF THE PARLIAMENT

 

CHAPTER XV

The First Meeting and the First Sitting of the Newly Elected Parliament

 

    

Article 120

1. The first sitting of the newly elected Parliament is held within 20 days after the Central Election Commission of Georgia publishes the final protocol of the election results if the second round of elections is not appointed and if the second round is appointed, the President of Georgia appoints the day of the first sitting of the Parliament within 20 days after the second-round voting day. Parliament starts its activity if the Central Election Commission confirms the election (announces as elected) of at least two-thirds of all the members of the Parliament.

2. The first sitting of the newly elected Parliament can be opened, if the majority of enlisted members of the newly elected Parliament attend the sitting (pass the registration). The Office of the Parliament carries out the registration of the MPs by means of temporary certificates issued by the Central Election Commission. The MPs confirm their presence at the sitting by signing the registration sheet.

3. The President of Georgia opens the first sitting of the newly elected Parliament. The Chair of the Central Election Commission attends the sitting.

4. The President of Georgia gives the floor to the eldest MP, who leads the sitting until the Chair (Speaker) of the Parliament is elected.

5. The Catholicos-Patriarch of Georgia, the supreme representatives of other religious confessions of the country, the Chairmen of the Constitutional and the Supreme Courts of Georgia and the other representatives of public may be invited to the sitting.

 

    

Article 121

1. At the first sitting of a newly elected Parliament, as a result of preliminary consultations with the political forces elected to Parliament and by the suggestion of the Chair of the Central Election Commission, in accordance with the principle of proportionality, from among the MPs and by the majority of those present, are elected:

a) Temporary Vote-Counting Commission consisting of 11 members that will choose a Chair and a secretary from among its members by the majority of votes. The Temporary Vote-Counting Commission oversees the preparation and distribution of ballots and the voting procedure, supervises and counts the votes during open or closed voting. The Temporary Vote-Counting Commission ceases its activities after the completion of the agenda approved at the first sitting of the Parliament;

b) Temporary Mandatory Commission of the Parliament consisting of 17 members that will choose a Chair and a secretary from among its members by the majority of votes.

2. The authority of the Temporary Mandatory Commission is terminated after the formation of the Committee on Procedural Issues and Rules.

 

Article 122

1. The Chair of the Central Election Commission informs Parliament on the results of the elections and hands over the necessary documentation (election protocols, materials on the results of the elections, validity of their conduct and the complaints received, statements on the discovered facts of violation of the election legislation, activities incompatible with the status of a Member of the Parliament) to the Temporary Mandatory Commission for the confirmation of the authority of the Members of the Parliament.

2. The Temporary Mandatory Commission studies the documentation and reports its findings to Parliament, which confirms the authority of the MPs by its decree according to the joint list presented by the Temporary Mandatory Commission.

3. The decree of the Parliament on confirmation of the authority of the MPs does not include the name of a person, the legitimacy of election of whom:

a) Is sued in the Constitutional Court of Georgia or in the Supreme Court of Georgia;

b) Is doubted by the Temporary Mandatory Commission.

4. In the case set forth:

a) In section “a” of paragraph 3 of this Article Parliament discusses the issue of confirming the authority of a person elected to Parliament at its nearest plenary sitting based on the conclusion of the Temporary Mandatory Commission and after the creation of the Committee on Procedural Issues and Rules – of this committee, only in case if the court decision declares this person as elected to Parliament.

b) In section “b” of paragraph 3 of this Article the temporary Mandatory Commission or the Committee on Procedural Issues and Rules discusses the issue of confirming the authority of a person elected to Parliament and prepares the relevant conclusion. Parliament considers this conclusion at its nearest plenary sitting and makes the appropriate decision.

5. The first sitting of the newly elected Parliament is regarded valid, if Parliament confirms the authority of at least two-thirds of enlisted members. From this moment the authority of the previous Parliament is ceased.

6. If the number of members whose authority was confirmed by Parliament is less than two-thirds of the total number of MPs, then Parliament’s plenary sitting is suspended. The Chair of the Central Election Commission convenes the new sitting of the newly elected Parliament within 10 days after it becomes possible to raise the issue of confirming the authority of as many persons elected in Parliament, which is enough for composing at least two-thirds of the Parliament. The issue of confirming the authority of these persons is regulated according to the rule determined by this article.

7. After the authority of at least two-thirds of enlisted members is confirmed, the MPs take an oath of commitment. The Chair of the Central Election Commission reads the text of the oath: “I, as a representative of all Georgia, accountable to my country, declare before God and the nation that I will faithfully perform the rights and duties of an MP, and that I shall serve to preserve the Constitutional system, independence, unity and integrity of my country, the interests of the people, the rights and freedoms of the citizens and the might of Georgia.” After reading the text the MPs say “I swear” and sign the text of the oath, after which the national anthem is performed.

8. If the confirmation of the powers of an MP is delayed, or if a member is elected through the second round or instead of an excluded MP, he/she reads the text of the oath and confirms it with his/her signature immediately after the confirmation of his/her powers.

Article 123

1. At the first meeting of the newly elected Parliament, the MPs submit the relevant statement and documentation on creating the factions, the Majority and the Minority to the Temporary Mandatory Commission of the Parliament.

2. The Temporary Mandatory Commission informs Parliament on the creation of the factions, the Majority and the Minority, if the Temporary Mandatory Commission does not decide otherwise.

3. Immediately after the creation of the factions the Temporary Mandatory Commission of the Parliament prepares and submits to the factions the quotas of the proportional representation of the factions in the committees. The temporary Mandatory Commission submits to Parliament’s nearest plenary sitting for the approval the quotas of the proportional representation of the factions in the committees. Parliament makes the decision on the quotas by its decree.

4. If upon the creation the faction acquires the status of Majority or Minority, the Temporary Mandatory Commission registers it.

Article 124

1. As a rule, the newly elected Parliament considers issues in the following order:

a. Election of the Chair (Speaker) and Deputy Chairmen of the Parliament;

b. Creation of committees and election of committee Chairmen;

c. Consideration of matters related to the members of Government in cases determined by this Rules of Procedure.

2. An electronic voting system can be used for the voting at the first sitting of the newly elected Parliament. If the voting can be held by ballots.

 

 

CHAPTER XVI

The Rule of the Parliament’s Work on Sessions

Article 125

1. Parliament assembles for a regular or extraordinary session.

2. Parliament assembles for a regular session twice a year – at spring and autumn sessions, as set forth by the Constitution of Georgia, according to the rule defined by this Rules of Procedure. The spring session convenes on the first Tuesday of February and adjourns on the last Friday of June; the autumn session convenes on the first Tuesday of September and adjourns on the third Friday of December. Parliament’s session opens and closes at the plenary or at the Bureau sitting.

3. Parliament assembles for a extraordinary session only in the period between the regular sessions.

4. A regular session of the Parliament does not need to be officially convened. Extraordinary session is convened in the cases and according to the rule determined by the constitution of Georgia and by this Rules of Procedure.

    

Article 126

1. A session of the Parliament is planned in two-week cycles. The first week, except the first session week of the newly elected Parliament, is intended for work in the plenary sittings and committees, the second week - for meetings with electorate on the spot and work in committees.

2. Parliament’s plenary sittings, except during the state of emergency and the martial law, are held from 12 pm to 7 pm on Wednesday and Friday only of the week of plenary sittings; a break is announced from 3 pm to 4 pm. A plenary sitting can be prolonged by the majority decision by no less than one fifth of enlisted members until 9 pm. A plenary sitting can be prolonged on purpose to finish the discussion of annual report of the President of Georgia, speech of the Prime Minister of Georgia, political debates, on giving the vote of confidence to the Government of Georgia and during the discussion of Public Defender's report. As a rule, from 4 pm to 7 pm on the last Friday of plenary sittings of every month the Government Hour is held.

3. As a rule, during the plenary working cycle of a regular session, plenary sittings are not held on the holidays established by law.

4. In necessary cases, Parliament makes changes in its work schedule by the majority of votes of the present MPs, but no less than one-fifth of the enlisted members. The decision on holding the plenary sitting of the Parliament on the holidays established by law is made by the Bureau of the Parliament.

5. As a rule, in the year of the Parliamentary, Presidential or local self-government elections Parliament’s plenary sittings are not held for a period of one month before the elections. If necessary, the Chair (Speaker) of the Parliament may convene plenary sittings during this period by his/her initiative or by the request of one-fourth of the total number of MPs if this period coincides in time with the plenary working cycle of a regular session. In other cases, the plenary sitting is convened and conducted according to the rules determined for extraordinary sittings in Article 127 of this Rules of Procedure.

6. After the elections of the new Parliament, the regular sittings of the previous Parliament are not held. An extraordinary session or sitting is held only on the issues determined by Article 46, paragraph 2 of article 52 and subparagraphs “g” and “h” of paragraph 1 of Article 73, paragraph 3 of article 76 and paragraph 2 of Article 100 of the constitution of Georgia. The decision on the respective issue is made according to the rule determined by the paragraph 5 of this article.

7. Holidays established by the law are not calculated during starting time of the period determined by this Rules of Procedure, except for the cases stipulated by the Constitution and law. If the last day of the period determined by this Rules of Procedure coincides with holiday, the next business day is considered as the expiration date.

 

Article 127

1. The President of Georgia convenes extraordinary session during the period between sessions or an extraordinary sitting during the current session by the request of the Chair (Speaker) of the Parliament or of no less than one-fourth of the total number of the members of the Parliament, or with the suggestion by the Government of Georgia

2. The Chair (Speaker) of the Parliament or one-fourth of the total number of the members of the Parliament submit to the President of Georgia the written request on convention of a special session or sitting within 24 hours.

The written request on convention of a extraordinary sitting must contain a list of matters to be considered during the special sitting and the written request on convention of a special session - a tentative list of matters to be considered during the special session.

3. The act of convention of a extraordinary session or sitting is issued within 48 hours of the presentation of the written request. Otherwise, Parliament is authorized to start its work within next 48 hours.

4. The Government of Georgia transmits the submission on convention of a extraordianary session or the sitting to the President of Georgia not later than 24 hours after making such decision.

5. The President of Georgia convenes a extraordinary session or sitting not later than 72 hours after making such decision and in case of necessity - immediately, the MPs must be notified personally on this.

6. Extraordinary sitting has a specific agenda which is determined by the rules set forth in the Articles 129-131 of this Rules of Procedure. The extraordinary sitting of the Parliament is held only according to the defined agenda and is closed after its exhaustion.

7. The requirements set forth in paragraphs 2-4 of Article 126 of this Rules of Procedure spread over the extraordinary session and sitting.

8. Extra session or sitting must adjourn at least one day before the beginning of the next regular session. Parliament can put the issue (issues) considering which it could not finish at the extraordinary session, on the agenda of the regular session.

9. Parliament convenes within 48 hours of the declaration of a state of emergency or martial law by the President of Georgia. MPs are required to appear at the sitting without personal notification.

 

Article 128

1. A ceremonial/jubilee sitting may be held with the arrival of the honorary guest to Georgia, celebration of important date or event that took place in the country.

2. The ceremonial/jubilee sitting of the Parliament is dedicated to the celebration of an important date/event. It has a symbolic meaning and general rules determined by this Rules of Procedure do not apply to the process of ceremonial/jubilee sitting, except to the power on conducting the sitting conferred to the Chair of the sitting. The ceremonial/jubilee sitting is held only with regard to a specific date/fact and then it is closed.

3. As a rule, ceremonial/jubilee sitting of the Parliament is led by the Chair (Speaker) of the Parliament. If Chair (Speaker) of the Parliament is not leading the ceremonial/jubilee sitting, chairing authority according to the oral or written order will be assigned to one of the Deputy Chair (Speaker) of the Parliament.

4. Special guests may be invited on the ceremonial/jubilee sitting of the Parliament.

5. The Bureau makes decision on holding the ceremonial/jubilee sitting of the Parliament in the period of plenary sittings on the basis of proposal made by the Chair (Speaker) of the Parliament, in case of convening extraordinary sitting or session, the decision is made by the President of Georgia according to the rule determined by the Constitution of Georgia and this Rules of Procedure.

 

 

PART V

PLENARY SITTING OF THE PARLIAMENT

CHAPTER XVII

The Agenda of the Plenary Sitting of the Parliament

 

    

Article 129

1. The Bureau of the Parliament prepares the draft agenda of the plenary sittings of the session week of the Parliament based on the list of draft laws and other issues for discussion.

2. The Bureau of the Parliament is authorized to put an issue on the draft agenda of the plenary sitting of the Parliament if the terms of committee discussions determined by this Rules of Procedure are not violated.

 

Article 130

1. The Chair of the plenary sitting presents the draft agenda, which is approved by the majority of votes of the MPs present, by an open voting/hand raising. The sequence of the agenda items may be changed or the debates on the related or identical issues may be merged by the decision of the Chair of the sitting.

2. By the imitative of the Chair of the plenary sitting of the Parliament, the Parliament is authorized to request the change of the sequence of the agenda items or holding discussion on the issue, out of turn, from the approved agenda. Also, by the imitative of the Chair of the plenary sitting of the Parliament, by the majority of votes of the MPs present a decision can be made on putting on the vote the issue under consideration.

3. The Chair (Speaker) of the Parliament and an MP are given the floor for three minutes regarding the agenda of the plenary sittings of the Parliament. Prolongation of this time shall not be discussed.

4. If Government of Georgia, an MP, a faction, the Minority and the Majority demand putting or removing an issue on/from the agenda of the plenary sitting of the Parliament, the Chair of the sitting explains why the issue was not put or removed on/from the agenda, after which it is obligatory to put the issue to the vote. The decision on putting or removing the issue on/from the agenda is made without a discussion by the majority of votes of the MPs present, but no less than one-fifth of the enlisted members.

      

Article 131

The draft laws and appeals submitted by the Government of Georgia are considered out of turn at the plenary sitting of the Parliament, on the grounds of their demand.

 

 

CHAPTER XVIII

The Conduct of the Plenary Sitting of the Parliament

 

Article 132     

1. Parliamentary sittings are as a rule conducted by the Chair (Speaker) of the Parliament. If he/she is not conducting the sitting, by the oral or written order of the Chair (Speaker) of the Parliament one of his/her deputies is assigned to chair the sitting.

2. The Chair (Speaker) of the Sitting:

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

b) Guides the consideration of the issues;

c) Ensures compliance with this Rules of Procedure;

d) Determines the succession of participants in the debate and calls them up to speak;

e) Puts issues to the vote and declares the results of the voting;

f) Signs the protocol decisions taken at the sitting;

g) In the cases determined by paragraph one of article 286 of this Rules of Procedure deprives speakers of the right to speak, warns speakers and requests that MPs and invited guests leave the Sitting Hall;

h) In the cases determined by this Rules of Procedure ceases the sitting or adjourns the sitting;

i) If necessary puts to the vote a motion to end the debate and to organize consultative meeting with the participation of the parties involved while a draft law is under consideration;

j) In the case of multiple versions being put to the vote or when necessary concerning a particular issue conducts the rating inquiry and suggests that the authors withdraw less practical proposals.

k) Exercises other powers provided by this Rules of Procedure.

3. The Chair of the sitting has the right to participate in the discussion of the issues according to the rule determined by this Rules of Procedure. The Chair of the sitting returns to the performance of his/her duties after the consideration of the issue is finished.

4. The Chair of the sitting does not have a right to comment a speech of an MP or interrupt his/her speech for this purpose, evaluate the speech of an MP, answer a question not put to him/her personally, except the cases, when the MP violates the requirements of this Rules of Procedure.

 

Article 133

1. A plenary sitting is authorized if the majority of the total number of the MPs are presented.

2. The registration of MPs is held before the opening of the morning sitting and before voting.

3. If necessary, after the registration its results are confirmed by the Chief Parliamentary Guard, who is personally responsible on the validity of the information she/he is providing.

4. If the registration results and the information of the Chief Parliamentary Guard are doubtful, the Majority, the Minority, a faction not united in the Majority or the Minority and a group of six MPs can write a request of verifying the registration results by reading the names of the persons registered. Parliament decides to hold a new registration only if the number of doubtable votes changes the final result of the registration.

5. If at the opening of the plenary sitting of the Parliament according to the registration results the necessary number of MPs is not presented in the Sitting Hall, the Chair of the sitting holds a new registration within 15 minutes upon the registration. If either in this case there is not a necessary number of MPs, within next 45 minutes the Chair of the sitting holds a new registration. If either in this case there is not a necessary number of MPs, according to the same procedure the registration is held at the evening sitting. In a special case the Chair of the sitting is authorized to make other decision.

6. At the opening of each morning sitting of the Parliament and before the voting the Chief Parliamentary Guard registers MPs presence after the registration is over. Leaders of the Majority and Minority and Chairmen of Factions, or in case of their absence - their deputies, provide in writing to the Chief Parliamentary Guard a reason for the absence of their members from the sitting. An MP, who is not united in the Majority, Minority or in the Faction, before the sitting s/he notifies Chief Parliamentary Guard in writing on the absence reason from the sitting by herself/himself. The registration of MPs is held before the opening of the morning sitting and before voting.

7. If the information is not submitted to the Chief Parliamentary Guard according to the rule determined in paragraph 6 of this article, the absence is not considered justified.

8. The MP will be considered as absent from Plenary Sitting if he/she does not register during the morning session or before the voting procedure.

9. If the Majority, Minority, Faction, independent MP, refuses to participate in discussion of the decision because of the political views the absence is considered justified. According to the above-mentioned issue the written statement is submitted to the Chair of the session or oral statement is made after the registration is over. 

10. The permissible causes for nonattendance are: illness, family conditions, business trip. The Chair (Deputy Chair) of the Committee, in case of a committee sitting, and the Chair (Deputy Chair) of the Faction, in case of a plenary session, shall be notified on the causes of non-attendance in advance.

 

Article 134

1. Plenary sittings of the Parliament are open to the public unless specified as closed. The mass media representatives accredited according to the determined rule have the right to attend the public sitting.

2. Public sitting is broadcasted live on TV and radio.

3. The President of Georgia, the Prime Minister of Georgia, other Members of Government of Georgia, their deputies, the Chair of the Constitutional Court of Georgia, the Chair of the Supreme Court of Georgia, the Prosecutor General of Georgia, the Auditor General 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 are authorized to attend the sittings of the Parliament if they wish.

4. The Chair (Speaker) of the Parliament has the right to invite representatives of society and foreign guests to the sittings. These guests take the distinguished seats in the Sitting Hall.

5. While considering issues that require keeping the secrecy, the President of Georgia, the Chair (Speaker) of the Parliament, the Prime Minister of Georgia, other Members of Government of Georgia, factions and committees can raise the issue of declaring the plenary sitting of the Parliament as closed in whole or partially. The decision is regarded as adopted if the majority of the present MPs, but no less than one-third of total number of the MPS, supports it.

6. The Chair of the Parliamentary sitting determines those who may attend a closed sitting.

7. During consideration of the issue at the closed sitting the door of the Sitting Hall is closed.

8. MPs and invited guests must behave in accordance with the norms of the Parliamentary ethics during the plenary sittings of the Parliament.

 

Article 135

1. The Chair of the sitting notifies the attendants about the start of a plenary sitting of the Parliament with two strokes of a gavel, and with three strokes – about its end. The start and the end of any other procedure are marked with one stroke. The Service of the Parliamentary Guard helps the Chair of the sitting to keep the order in the Sitting Hall.

2. Except the MPs, only the parliamentary guards, also responsible staff of the Parliament Apparatus, who wear distinguished badges, have the right to be presented in the Sitting Hall during the plenary sitting of the Parliament. A member of the Committee Apparatus, responsible for the issue under consideration, can enter the Sitting Hall during the plenary sitting.

 

CHAPTER XIX

The Political Debates

 

Article 136

1. A faction, the Majority and the Minority have right to demand the appointment of a day of political debates. As a rule, the day of political debates is appointed once during a two-week working cycle. The decision on the appointment of the day of political debates is made by a decree.

2. For making speech during the political debates the Majority and the Minority are given 45 minutes each, a faction and the Chair (Speaker) of the Parliament (the Chair of the sitting) – 15 minutes each, the Deputy Chair of the Parliament – 10 minutes, an MP not affiliated with any faction – 5 minutes. Within the time allocated to them, the faction, the Majority and the Minority determine the number of speakers and the scheme of dividing the time among them. It is prohibited to prolong the time given to the participants of political debates. The Bureau of the Parliament determines the sequence of speakers.

3. At the end of political debates the Chair of the Parliament has a right to use the limit of time provided to him/her by this Rules of Procedure and put the discussed issue to the vote.

 

CHAPTER XX

Statements

 

Article 137

1. Every Wednesday during the plenary session week after the adoption of the agenda, the MPs have 30 minutes for statements according to rule prescribed by this chapter. This time can be prolonged by the decision of Chair (Speaker) of the session for no more than 30 minutes according to number of speakers. Each MP can make a statement no longer than 4 minutes. At the same time, the PM can use not more than 1 minute for making an additional statement. Prolongation of time for them is inadmissible.

2. Before the adoption of the agenda the MPs sign up for the statements in the secretariat and this list is submitted to the Chair (Speaker) of the sitting. MPs can sign up during the statement period. The order of the reporters is determined according to the time they signed up for it. Following the order of statements is mandatory. It is inadmissible to make a statement without permission of the Chair of the sitting. Also the MP can sign up for the statement only once. If an MP is not attending the sitting during his/her turn, s/he does not have right to make a statement later. MP signed up for the statement cannot give his/her time to another MP.

3. If during the adoption of the agenda no MP addresses the secretariat to make a statement, the MP statement procedure during the plenary sitting will not be held, upon which the Chair of the sitting informs the plenary sitting.

4. In particular cases the Chair (Speaker) is eligible to allocate time for statements during the other days of the session week. In such cases the time allocated for the statements shall not exceed 3 minutes, and overall time 30 minutes. In addition an MP has the right to make a statement only once.

 

 

CHAPTER XXI

Voting and Counting

 

Article 138

1. Voting on all issues discussed, except personnel and other exceptional issues outlined in this Rules of Procedures, as a rule is held on the day of the plenary sitting from 4  pm to 7 pm on plenary sittings. The statements of the MPs are prohibited before the voting procedure. The Chair (Speaker) of the Parliament is eligible to make a statement only on exceptional issues. The length of the statement shall not exceed 10 minutes.

2. The quorum is checked before each voting procedure. If the required number of MPs for the voting is not present on the sitting, the Chair of the sitting declares the time of the postponed voting.

3. If a suggestion to postpone the vote is made, it must be put on vote in the first place. The decision is made by the majority of presented MPs but no less than one fifth of enlisted members.

4. 1 minute statements are allowed during the voting procedure only on procedural issues of voting. Also, the Minority and the Majority have right to make 1 minute statement on procedural issues four times, a faction, which is not united neither in the Majority nor in the Minority -  twice, an independent MP – once.

 

 

Article 139

1. An MP votes personally. It is prohibited to give the right to vote or the voting card to another person.

2. If an MP did not participate in a vote, s/he has no right to vote on that issue after the results of the vote are announced.

 

      

Article 140

1. Voting at the plenary sitting of the Parliament is open (raising hands, printing out names by an electronic voting system, nominative ballots -  nominative voting in the cases envisaged by this Rules of Procedure), or secret (with ballot papers or through the use of an electronic voting system in the cases envisaged by this Rules of Procedure).

2. Voting is open except cases envisaged by the Constitution and Law of Georgia.

3. Before the secret voting, the Chair of the sitting announces the form of voting.

4. A faction has the right to request only one break up to five minutes before the voting procedure.

5. Leaving the Sitting hall is prohibited for MPs during the voting procedure.

 

    

Article 141

1. When a secret vote is held with the use of ballots, the vote-counting commission or the Committee on Procedural Issues and Rules determine the location of the vote and the form of the ballot. The ballot papers may not differ from each other.

2. While filling out the ballot papers, an MP crosses out the name of an undesirable candidate and leaves the name of the candidate s/he supports unmarked. If there is only one name on the ballot paper, supporting him/her is marked by circling the name, rejection – by crossing it out.

3. Ballot papers marked differently from the rule set forth in paragraph 2 of this article are considered invalid.

4. If the electronic voting system does not receive a signal from an MP’s voting card, his/her vote will be counted as valid if this is confirmed before the results of the vote are announced. If it is confirmed that a statement was made for the purpose of falsification of the vote results, it will not affect the results of the vote. If, following the announcement of results, it is confirmed that a vote was not registered by the electronic system or another MP’s voting card was used to vote and this vote is decisive, a new vote is held.

5. In case of doubting the results of the vote, by the demand of a faction, the group of 6 MPs, the Minority, the Majority the records of the vote may be read out.

6. A well-reasoned statement of doubt about the results of the vote shall be immediately submitted to the Chair of the sitting, who gives it to the Chief Parliamentary Guard to study the issue. Chief Parliamentary Guard inspects the issue and immediately submits the conclusion to Parliament. If the falsification is proved by this conclusion, a new vote is held only if the number of dubious votes changes the outcome of the vote. It is prohibited to hold another vote before settling the existing dispute. If the doubts expressed by a group of six MPs, a faction, the Majority, the Minority on the vote results are not proved after inspection, correspondingly the group of six MPs, the faction, the Majority, the Minority cannot request examining the results of other vote on the same day.

7. The Chair of the sitting presents the results of all votes to the Parliament. The results are posted on the Parliament web page.

8. An MP immediately informs the Apparatus of the Parliament if s/he loses the voting card. In this case an MP is given a temporary voting card.

 

 

 

PART VI

LAW-MAKING PROCESS

CHAPTER XXII

Drafting a Bill and Submitting It to Parliament

 

    

Article 142

The law-making process is a joint procedure, which includes: drafting a bill by the subject, withthe right of legislative initiative, submitting it to the Parliament, discussion of the draft law by the Parliament,, adoption and submission to the President of Georgia for signing, the President’s right to hand the adopted draft law back to Parliament with his/her comments, review of the draft law with comments received back from the President, signing the adopted draft law by the President and its promulgation.

    

Article 143

1. The law-making process starts with drafting a bill and submitting it to Parliament by the subject having the right to launch a legislative initiative.

2. As provided by the Article 67 of the Constitution of Georgia, following subjects have a right to launch a legislative initiative: the Government of Georgia, a Member of the Parliament, a committee, a faction, the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara, at least 30,000 electors.

3. Only the Government of Georgia is authorized to submit to the Parliament the draft law on the State Budget and structure, authority and the rule of activity of the Government.

4. Only an MP, a committee, a faction are authorized to submit to the Parliament a draft law on adopting amendments to the Rules of Procedure.

5. The draft law cannot be submitted to the Parliament by an MP following the rule for a legislative initiative if the Government of Georgia or institution of an executive branch of the government is the author of the draft law.

    

Article 144

1. A subject having the right to launch a legislative initiative can submit a draft law as an independent draft law or as amendment to it or abolishment of a law.

2. The submission, discussion and adoption of the draft law on amendments is conducted according to rule established by this Rules of Procedure for the submission, discussion and adoption of the respective law.

3. A law is abolished by the law, which is adopted by the same number of votes and according to the same rule as was used for the adoption of  the relevant law or law with superior legal force.

           

Article 145

1. The subject with the right to launch a legislative initiative drafts a bill as provided by the requirements of the Law of Georgia on Normative Acts.

2. The draft law shall include an explanatory letter, reflecting:

a. The general information on the draft law, which includes:

aa. The reason for adoption of the draft law;

ab. The aim of the draft law;

ac. The quintessence of the draft;

b. Financial justification of the draft law, including:

ba. The sources of financing the necessary expenses concerning adoption the draft law;

bb. The influence of the draft law on State Budget income part;

bc. The influence of the draft law on State Budget expenses part;

bd. New financial obligations of the State;

be. Possible financial results for the people who may be influenced by the draft law;

bf. The amount and rules of determining the amount of taxes, duties and other fees determined by law.

c. Accordance of the draft law with the standards of International Law, which includes:

ca. Accordance of the draft law with E.U. directives.

cb. Accordance of the draft law with the membership obligations of Georgia in International Organizations;

cc. Accordance of the draft law with bilateral and multilateral treaties concluded by Georgia;

d. Recommendations received during the drafting process, which observes:

da. State, non-state or/and international organizations/institutions, experts, who participated during the drafting process, if applicable;

db. The conclusions on the draft law done by the international organizations (institutions) and/or experts, in existence of such;

dc. Author of draft law;

dd. Initiator of the draft law.

3. Draft shall also include:

a) a conclusion of an independent expert if applicable;

b) Conclusion of a lobbyist registered at the relevant body according to the rule established by law, if applicable.

4. If a draft law requires adoption of amendments to the other law, it shall include the drafts of the relevant amendments and be submitted as a legislative package.

41. The draft law shall also include the complete edition of the article(s) in force, which is subjected to amendments according to presented drat law, including the removal of the article(s).

5. A draft law submitted according to legislative initiative of a committee shall include the protocol of the committee sitting indicating its decision on the submission of the draft law.

6. A draft law submitted according to legislative initiative of the Government of Georgia shall include the protocol of Government sitting indicating its decision on the submission of the draft law.

The Rules of Procedure of the Parliament of Georgia as of December 28, 2013, # 191- website, 29.12.2012

 

 

Article 146

Draft law submitted to the Parliament by legislative initiative passes the following procedures:

a) The draft law is transferred to the Organizational Department of the Apparatus of the Parliament;

b) The Organizational Department of the Apparatus of the Parliament transfers the draft law to the Legal Department of the Parliament and Budget Office of the Parliament for the purpose to prepare conclusion as defined in the paragraph 5 of Article 147 of this Rules of Procedure. After this, the Organizational Department submits the draft law together with conclusions from the Legal Department and Budget Office to the nearest sitting of the Bureau of the Parliament, if the draft is submitted before the Friday of previous week. After the expiration of the term, the draft is submitted to the next sitting of the Bureau.

c) At the closest sitting the Bureau of the Parliament makes decision on starting the procedure of discussing the draft law , at the same time it transfers the draft law to the leading committee, other committees, factions, the Majority, the Minority, the Legal Department of the Parliament, also Government of Georgia. The draft law regulating the financial sector representative activities is also transferred to the National Bank of Georgia;

d) The leading committee discusses the draft law at its sitting not earlier than 3 days and within 3 weeks upon the receipt (except the draft law, upon which expedited review decision was made by the Bureau);

e) After being discussed by the leading committee and other committees, together with relevant conclusions, the draft law is transferred to the Bureau of the Parliament for putting it on the agenda of the closest plenary sitting for the first hearing and discussion and voting;

f) After the first hearing at the plenary sitting of the Parliament, the draft law is transferred to the leading committee in order to incorporate the comments favored at the first hearing into the draft law, to prepare it for the discussion by the second hearing at the committee sitting and for putting it to the vote at the plenary sitting of the Parliament;

g) Within two weeks of the adoption by the first hearing, the leading committee discusses the draft law by sub-paragraphs, paragraphs (parts), articles, chapter or/and parts to prepare it for the discussion by the second hearing at the plenary sitting of the Parliament;

h) After the discussion by the leading committee, the draft law, together with the relevant conclusions and alternative proposals, is submitted to the closest sitting of the Bureau of the Parliament for putting it on the agenda of the plenary sitting of the Parliament for voting by the second hearing;

i) After being discussed and adopted by the second hearing at the plenary sitting of the Parliament the draft law is submitted to the leading committee to prepare it for the third hearing;

j) Within 5 days of the adoption by the second hearing the leading committee incorporates the comments favored at the second hearing into the draft law and submits it to the Bureau of the Parliament for putting on the agenda of the plenary sitting of the Parliament for the third hearing;

k) After the discussion by the third hearing at the plenary sitting of the Parliament, the final edition of the draft law the title-page of which is approved by the reporter on the draft law, the Chair of the leading committee (in his/her absence – by his/her replacement), a responsible member of the Apparatus of theCommittee, by the head of the Legal Department of the Apparatus of the Parliament(in his/her absence – by his/her replacement), by the head of editorial unit of the Legal Department (in his/her absence – by his/her replacement), is put to the vote to adopt the final version;

l) Within 7 days of its adoption, the draft law is submitted to the President of Georgia for signing and promulgation of the law.

    

Article 147

1. A draft law drafted and submitted by a subject having the right to launch a legislative initiative is submitted to the Organizational Department of the Apparatus of the Parliament, which records and registers the submitted draft law.

2. The date of registration of a draft law at the Organizational Department of Apparatus of the Parliament prepared by a subject with the right to launch a legislative initiative is considered the date of its submission to the Parliament.

3. According to paragraph “b” of Article 146 of this Rules of Procedure, the draft introduced to the Bureau of the Parliament shall include with the Bureau’s draft decision on starting the procedure of discussing the draft law prepared by the Legal and Organizational Departments of Apparatus of the Parliament. The draft decision should indicate the following:

a) Title of the draft;

b) Initiator of the draft;

c) Author of the draft;

d) Date the draft was submitted to the Parliament;

e) Leading committee;

f) Tentative date of committee discussion on the draft law;

g) Other committees’ conclusions of which shall be attached to the draft law;

h) Tentative date of the discussion of the draft law at the plenary sitting of the Parliament;

4. The Bureau of the Parliament decides on starting the discussion procedure over the draft law and issues determined in sections “e”-“h” of paragraph 3 of this article.

5.  The Legal Department of the Apparatus of the Parliament verifies the compliance of submitted draft law with the sub- paragraphs "a", "c"-"f" of paragraph 2 and paragraphs 3-6 of Article 145 and the Budget Office of the Parliament - compliance with sub-paragraph "b" of paragraph 2 of Article 145 of this Rules of Procedure. If a submitted draft law is not in compliance with requirements of above-listed paragraphs of Article 145, based on the well-reasoned conclusion of the Legal Department of Apparatus of the Parliament and the Budget Office of the Parliament the Bureau of the Parliament is authorized to hand back the draft law to its initiator for eliminating the discrepancies. After the launch of discussion procedure of the draft law before its first hearing, the Budget Office of the Parliament is authorized to present additional information on the issues provided in the sub-paragraph "b" of paragraph 2 of Article 145 of this Rules of Procedure.

6. If the Government of Georgia demands to hold a special discussion on the draft law, the Bureau of the Parliament determines the terms for the parliamentary discussion of the draft law and transfers it to the leading committee.

7. If it turns impossible to prepare the draft law for the Parliamentary discussion within the determined term, upon necessity the Bureau of the Parliament extends the determined term.

8. After the Bureau of the Parliament makes the decision on launching the procedure of discussing the draft law, it is submitted to the committees, factions, the Majority, the Minority, the Legal Department of Office of the Parliament, as well as to the Government of Georgia, in case of such demand – to independent MPs, and is posted to the Parliament web page.

9. The draft law, which leads to the current year's state budget expenditure growth, income reduction or taking the new financial obligations, may be adopted by the Parliament only after the consent of the Government of Georgia. The draft law related to the next fiscal year - by the consent of the Government of Georgia or within the document on State's Basic Data and Directions submitted by the Government of Georgia to Parliament.

10. The initiator of the draft law based on the well-reasoned conclusions has the right to withdraw it before its adoption on the first hearing based on the well-reasoned conclusions.

11. In the case of pre-term termination of MP's authority, the draft laws submitted by h/her initiative and those under the discussion process, are considered rejected.  The leading committee notifies the Bureau of the Parliament on this. This fact is entered in the protocol.

    

Article 148

1. The draft law submitted to the Bureau sitting shall include the information of the Organizational Department of the Apparatus of the Parliament and the conclusion of the Legal Department of the Apparatus of the Parliament and the Budget Office of the Parliament on the draft law.

2. The Legal Department prepares its conclusion regarding the following issues:

a) Compliance or contradiction of the draft law with the Georgian legislation and universally recognized norms of the international law;

b) Necessity of adoption of the new law;

c) Compliance or contradiction of the draft law with Georgia’s commitments in international treaties and agreements;

d) Whether the list of normative acts that are to be abolished and the list of the normative acts to be amended is comprehensive;

e) Compliance of the draft law with the legislation of European Union.

3. The Budget Office of the Parliament prepares its conclusion regarding the following issues:

a) Influence of the draft law on the revenue part of the budget;

b) Influence of the draft law on the expenditure part of the budget;

c) State's new financial responsibilities.         

Article 149

1. In no later than 6 months from the creation, the committees of newly elected Parliament make a list of draft laws submitted for the discussion to the Parliament (according to the leading committees), the continuation of discussion of which the Committees consider either reasonable or unreasonable and present it to the Bureau of the Parliament for consideration. The Bureau submits this issue for the decision making process to the plenary sitting of the Parliament.

2. If the Government of Georgia was the initiator of the draft law, whilst making the list considered by the paragraph 1 of this article by the relevant leading committee, consent of the initiator is mandatory.

3. If former MP or faction were initiators of the draft law, in case the decision is made on continuation of the discussion procedure on the draft law, the relevant leading committee will be considered as the initiator. In case of necessity, the Parliament is authorized to determine the leading committee at the plenary sitting.

4. The Parliament by a decree makes decision on appropriateness of continuing the discussion procedure of the draft law submitted to the previous convocation Parliament.

5. With a separate decree the Parliament makes decision on inexpediency of continuing the discussion of the draft laws, which were adopted by the Parliament through the first or/and the second hearing.

6. The draft laws, decision on continuing discussion of which on the expediency or inexpediency will not be made by the Parliament, will be considered as withdrawn from the Parliament.

    

Article 150

1. A legislative proposal is a well-reasoned appeal submitted to Parliament by a subject not having a right to launch a legislative initiative, drawn up according to the established rule, on adoption of a new law, amendments to the law or abolishment of the law.

2. A legislative proposal can be submitted by: citizens of Georgia, state bodies (except the establishments of the executive branch of government and legal entities of public law), and bodies of local self-government, political and public unions registered in Georgia according to the established rule, and other legal entities.

 

3. A legislative proposal can be submitted as a draft law or/and the main principles of the draft law that shall be prepared or as specific proposals. The legislative proposal shall include the author’s justification of its need.A legislative proposal shall include the reason and quintessence of the change, author’s signature, address and phone number.

4. The legislative proposal is submitted to the closest sitting of the Bureau of the Parliament. The Bureau of the Parliament passes the legislative proposal to the leading committee (as well as other committees if necessary), which discusses the draft law within 30 days upon its submission. If the legislative proposal is not discussed within the mentioned term  the discussion term can prolonged by not more than 30 days by the Bureau of the Parliament upon the request of the leading committee. If the legislative proposal is transferred to another committee, it submits a conclusion on the legislative proposal to the leading committee within 20 days upon its submission

5. Author of the legislative proposal may be invited to the committee sitting at the discussion of the proposal. The legislative proposal is presented by the sitting chair at the committee sitting for discussion.

51. As a result of the committee consideration, with a well-reasoned decision, the legislative proposal can be considered accepted or rejected. A committee reports its decision on the legislative proposal to the closest sitting of the Bureau of the Parliament.

52. A period envisaged by the paragraph 5 of the article 126 of this Rules of Procedures and period between next Parliamentary sessions are not considered when calculating the legislative proposal discussion term determined by the paragraph 4 of this article.

 

6. If a legislative proposal is presented as main principles of the draft law to be prepared or as specific proposals and the leading committee considers it as acceptable, in agreement with the Bureau of the Parliament, the committee drafts the law and submits to the Bureau according to the rule determined by this Rules of Procedure.

7. If a legislative proposal is presented as a draft law and the leading committee considers it acceptable, the draft law is submitted to the Bureau of the Parliament according to the rule and term determined by this Rules of Procedure

8. The author of a legislative proposal may withdraw it before the committee discussion.

9. In case a legislative proposal is accepted, the leading committee will be considered the subject having the right to launch the legislative initiative.

 

 

CHAPTER XXIII

Discussion of Draft Law by Committee

 

    

Article 151

1. A draft law submitted to Parliament is discussed according to this Rules of Procedure by committees. The leading committee appointed by the Bureau of the Parliament holds a committee sitting for discussing the draft law for the consideration of this draft law by the first, second and third hearings at the plenary sitting of the Parliament.

2. The decision of the Bureau of the Parliament on starting the procedure of discussing the draft law appoints a leading committee to discuss the draft law, which leads the procedures of parliamentary discussion and is responsible for following them.

    

Article 152

1. After the adoption of the decision by the Bureau of the Parliament on starting the procedure of

discussing the draft law the Government of Georgia, Parliamentary Committees, Factions, Majority, Minority, Independent MPs and the Legal department of the Apparatus of the Parliament present their comments regarding the draft law to the leading committee no earlier than 3 days and no later than 14 days. If listed subjects do not present their comments in the determined term, the issue will be considered agreed with them.

2. Not earlier than 3 days and not later than 3 weeks since the adoption of the decision by the Bureau of the Parliament on starting the procedure of discussing the draft law, the leading committee convenes a committee sitting. The sitting of the leading committee shall be convened after the committees defined by the Bureau, conclusion of which shall be attached to the draft law, within the term defined by the paragraph one of this Article submit to the leading committee their respective remarks on the draft law.

3. After being discussed at the committee sitting the draft law may be deemed ready, not fully ready, or unacceptable to be discussed at the plenary sitting of the Parliament. Even if deemed not fully ready or unacceptable, the draft law is not prevented from being presented to Parliament sitting to launch discussion.

4. It is prohibited to present the draft law to the plenary sitting of the Parliament without the leading committee’s conclusion. If within one month of the adoption by the Bureau of the Parliament the decision on starting the procedure of discussing the draft law the leading committee fails to hold the sitting and present its position regarding the draft law, the initiator of the draft law is authorized to request the leading committee to discuss it or to request the Parliament Bureau to put the draft law on the agenda of the plenary sitting of the Parliament without the conclusion of the leading committee.

5. If the leading committee fails to hold the sitting within the term defined by this article and present its conclusion, based on the well-reasoned proposal of the committee Chair the Bureau of the Parliament is authorized to determine a new term of the committee discussion of the draft law. If the leading committee fails to hold the sitting and present its conclusion regarding the draft law within the new term, the initiator is authorized to request again the leading committee holding discussion on the draft law or request the Bureau of the Parliament to include the draft law on the agenda of the plenary sitting of the Parliament without the conclusion of the leading committee.

6. In the cases considered by the paragraphs 4 and 5 of this article, the Bureau has to include the draft law on the agenda of the closest plenary sitting of the Parliament. If the initiator of the draft law in the course of appropriate sitting does not raise the issue of further discussion of the draft law before the Bureau, the draft law is considered withdrawn. This information is submitted to the Bureau of the Parliament by the Organizational Department of the Apparatus of the Parliament.

7. The leading committee’s decision on the draft law is reflected in the conclusion of the committee, which is signed by the committee Chair, in his/her absence – by his/her replacement.

8. The negative conclusion of the leading committee on the draft law does not prevent the draft law from launching of the discussion at the plenary sitting of the Parliament.

9. After the committee sitting the draft law is submitted by the Chair of the Committee or in case of his/her absence – by the officially authorized Deputy Chair to the Organizational Department of the Apparatus of the Parliament in order to put it on the agenda of the nearest sitting of the Bureau of the Parliament. Together with this, each page of the draft law has to be signed by the Chair of the Apparatus of the Committee.

10. The draft law presented to the Bureau of the Parliament shall include the conclusion of the leading committee as well as the conclusions presented by other committees, factions, the Majority, the Minority, independent MPs, the Legal Department of the Apparatus of the Parliament, the Budget office of the Parliament and other authorized subjects, also the record on the status of discussion of their remarks in the draft law.

 

Article 153

1. The draft law initiated by the MP is submitted to the Committee sitting for the discussion by the initiator MP, the draft law initiated by the Government of Georgia - by the authorized representative of the Government, the draft law initiated by the faction or the committee - by the Chair of respective faction or the committee and/or the representative appointed by the faction or the committee, the draft law initiated by the Supreme representative body of Autonomous Republics of Abkhazia and Adjara - by appointed member of the respective Supreme representative body and the draft law initiated by the electorate - by the elected member of the initiative group of electors on this draft law.

2. A committee shall discuss at its closest sitting the draft law submitted by the Government of Georgia if they demand its discussion first in line.

3. The interested representatives of society may be invited to attend the committee sitting and may be given the floor by the decision of the Chair of the sitting.

4. During the discussion of the draft law regulating the activities of representative of the financial sector, in case the National Bank of Georgia has written remarks, which were reported to the relevant committee, the representative of the National Bank of Georgia may be invited on discussion of the respective draft law at the committee sitting.

5. A lobbyist registered at Parliament, according to the rule established by law, can attend the discussion of the draft law at the public committee sitting when the draft law is considered in the contract of the assignment on the lobbyist activity. By the committee’s decision s/he may be given the floor.

    

Article 154

1. An alternative draft law can be submitted by the subject having the right to launch the legislative initiative after adoption of the decision by the Bureau of the Parliament on starting the procedure of discussing the draft law before the committee discussion on of the draft law by the first hearing.  The alternative draft law is presented to the Bureau of the Parliament and the leading committee on the basic draft law. The alternative draft law is discussed at the sitting of the leading committee together with the basic draft law.

2. An alternative draft law shall essentially differ from the basic draft law.

3. The leading committee, in agreement with the initiator of the alternative draft law, makes the decision on presenting a unified version for the first hearing. If the agreement was not reached, the basic and the alternative draft laws are presented for the first hearing at the plenary sitting of the Parliament. The Parliament by decree decides to accept or to reject one of them as a basis.

4. It is prohibited to submit the alternative draft law on separate norms of the draft law on the full or partial revision of the Constitution of Georgia.

 

Article 155

1.  An alternative proposal can be submitted on the separate norms of the draft law. A committee, a faction, the Majority, the Minority, an independent MP has the right to submit an alternative proposal.

2. The alternative proposal on separate norms of a draft law can be submitted in writing before the sitting of the leading committee on the respective draft law or the voting on the draft law by second hearing at the plenary sitting of the Parliament no later than 24 hours before voting. The alternative proposal is presented to the leading committee or the Organizational Department of the Apparatus of the Parliament. The alternative proposal can be orally presented at the leading committee preparatory sitting for the second hearing of the respective draft law by the Parliament plenary sitting It is registered in the protocol of the committee sitting. The Apparatus of the leading Committee ensures recording the alternative proposals at the committee sitting.

3. The issue concerning the adoption of the alternative draft law is considered adopted if the reporter approves it. If the reporter does not accept the alternative proposal, leading committee or the plenary sitting of the Parliament resolves the issue of accepting or rejecting the alternative proposal on the separate norms of the draft law by voting.

4. It is prohibited to submit the alternative proposal on separate norms of the draft law on the full or partial revision of the Constitution of Georgia.

 

 

CHAPTER XXIV

Discussion and Adoption of a Draft Law at the Plenary Sitting of the Parliament

 

Article 156

1. After the sitting of the leading committee, Parliament discusses the draft law by three hearings, except the cases envisaged by this Rules of Procedure.

2. At the first hearing of the draft law, its basic principles and main provisions are discussed at the Parliament plenary sitting.

3. At the second hearing of the draft law at the Parliament plenary sitting it is discussed by sub-paragraphs, paragraphs (sections) articles, chapters or/and parts and is put to the vote as a whole.  The decision on the form of discussing a draft law (by parts, chapters, articles, paragraphs, sections) at the second hearing of the Parliament plenary sitting is made upon request from the leading Committee and is approved by the Chair of the sitting

4. At the third hearing of the draft law, only editorial corrections are adopted.

    

Article 157

1. The discussion of the draft law at the plenary sitting of the Parliament starts with discussing it by the first hearing, except the cases considered by this Rules of Procedure.

2. Discussing the draft law by the first hearing at the plenary sitting of the Parliament starts by the speech of the initiator of the draft law or his/her representative.

.

3. On the draft law submitted by the Government of Georgia, the Parliamentary Secretary of Government may be reporter (or co-reporter) only in the cases when the Government of Georgia does not appoint other authorized representative as a reporter (or co-reporter) by an administrative legal act. The reporter on the draft law submitted by a faction or committee is the Chair of faction or committee or a representative appointed by the faction or committee. The reporter on the draft law submitted by the MP is the initiator MP. On the draft law submitted by the supreme representative bodies of Abkhazia and Adjara the reporter is member of the relevant supreme bodies appointed by them. On the draft law initiated by voters reporter is the representative selected by the initiative group and the co-reporter is the member of the relevant committee. A person appointed as a reporter on the draft law initiated by the Government of Georgia cannot be an MP. The co-reporter on a draft law submitted by MP, committee or faction is the authorized representative of the relevant state body.

4. The speech of the reporter on the draft law made at the plenary sitting of the Parliament shall not exceed 20 minutes (if necessary, the time can be prolonged to 30 minutes by the decision of the Chair of the sitting).

5. During the discussion of the draft law at the plenary sitting of the Parliament the reporter, along with other issues, reminds the sitting of comments (indicating the author of the comment), made before the discussion of the draft law at the plenary sitting, which have been incorporated in the draft law, which - have not, indicating reason.

6. After the reporter finishes his/her speech, the MPs may ask the reporter questions regarding the draft law. Time given to an author of each question shall not exceed 2 minutes, s/he can also use no more than one minute for specifying the question. An MP can take the floor for asking and specifying the question only once. The Chair of the sitting has the right upon necessity to make decision on stopping the questioning.

7. After the questions are asked, the reporter has a right to answer all of them together. The length of his/her answer shall not exceed 20 minutes.

8. After the reporter’s speech, the co-reporter takes the floor, whose speech shall not exceed 15 minutes. After the co-reporter finishes his/her speech, the MPs may ask questions to the co-reporter regarding the draft law. An author of each question may take the floor only once for not more than (one) a minute. After the questions are asked, the co-reporter has a right to answer all of them together. The length of his/her answer shall not exceed 10 minutes.

9. After the speech of the co-reporter, the representatives of the leading and other committees take the floor if a representative of the leading committee is not the co-reporter. The speech of a representative of the leading committee shall not exceed 10 minutes, the speech of a representative of other committee – 5 minutes.

10. After the representatives of the leading and other committees finish their speeches, individual MPs take the floor the speech of each of them shall not exceed 3 minutes. For this purpose the MPs personally register in the list of the speakers complied at the secretariat of the sitting before the reporter finishes his/her speech. The list is submitted to the Chair of the sitting. The Chair determines the sequence of the MPs according to the order they were registered in the list. It is obligatory to follow the sequence of the speakers. It is prohibited to take the floor without the agreement of the Chair of the sitting. Also, an MP may register in the list only once. An MP, who is registered in the list and attends the sitting at the time when his/her turn comes, does not have a right to give the time allocated for his/her speech to another MP. If the MP does not attend the sitting when his/her turn comes, s/he cannot take the floor regarding this issue.

11. After the MPs finish their speeches, the representative of the factions not united in the Majority or the Minority, the representatives of the Minority, the Majority takes the floor in the given order and presents their positions to the sitting regarding the basic principles and main provisions of the draft law. The speech of a faction representative shall not exceed 10 minutes, one of the Majority or the Minority representative – 15 minutes.

12. The reporter, the co-reporter, the representatives of committees, factions, the Minority, and the Majority make the speech from the tribune in front of the presidium in the Sitting Hall.

13. After the speeches of the representatives of factions, the Minority, and the Majority the reporter makes the concluding speech for not more than 10 minutes.

14. A comment regarding the draft law made during the discussion at the plenary sitting of the Parliament is considered adopted, if the reporter agrees with it or Parliament favors as a result of the vote.

15. The speakers make the speech in the State language of Georgia.

 

 

Article 158

1. After the first hearing of the draft law is over, based on the vote Parliament makes one of the following decisions:

a) On the adoption of the draft law (as a base of one of the alternative draft laws) by the first hearing.

b) On drafting a new law, considering expressed remarks.

2. The draft law that cannot receive necessary number of votes determined by the Constitution and this Rules of Procedure for the adoption by first hearing is considered rejected and the decree is made concerning the fact of rejection. It is inadmissible to discuss the same draft law during the same session period, unless it is essentially re-elaborated and the respective conclusion is submitted by the Legal Department of Office of the Parliament.

    

Article 159

1. After adoption of the draft law by the first hearing it is submitted to the leading committee in order to incorporate the comments made regarding the draft law and prepare it for the second hearing within 2 weeks term from the adoption of the draft law by the firs hearing. On the leading committee sitting the draft law is discussed by sub-paragraphs, paragraphs (sections) articles, chapters or/and parts and is put on the vote as a whole. Comments are voted if applicable. If the draft law is not prepared within the stated time, it can be prolonged upon the well-reasoned request from the Chair of the committee and by the decision of the Bureau of the Parliament. In case of violation of the term of the draft law discussion by the leading committee, the Bureau is eligible to discuss this fact and to raise the issue of responsibility of the Chair of the relevant Committee.

2. The draft law within 3 weeks of the adoption by the first hearing, with incorporated comments shared by Parliament at the first hearing, signed by the Chair of the committee, in his/her absence by the authorized Deputy Chair is submitted to the Organizational Department of Office of the Parliament in writing, in order to be discussed and voted at the plenary sitting of the Parliament by the second hearing. Also, each page of the draft law shall be signed by the head of the Office of the Committee.

3. The draft law submitted to the plenary sitting of the Parliament for the second hearing shall include the comments made on the draft law during the first hearing at the plenary sitting, the record on the status of their incorporation into the draft law, conclusions of the leading committee and the Legal Department of Office of the Parliament, also alternative proposals, which were submitted to the leading committee.

4. The discussion of the draft law at the second hearing at the Parliament plenary sitting starts with the speech of the reporter, who presents the draft law according to the decision made based on the paragraph 3 of Article 156 of this Rules of Procedures. According to the decision based on the paragraph 3 of Article 156 of this Rules of Procedures, the MP has the right to take a floor for question or clarification (concerning the sub-paragraph, paragraph, article or part) only once. Time allocated to the author of each question shall not exceed 2 minutes. Also, s/he may use 1 minute for clarification. In some specific cases, before the start of the discussion of the draft law upon the request of an MP the Speaker of the sitting may give him/her 2 minutes for questions, and 1 minute for clarifications. In case of need, the Speaker of the sitting may make a decision on finishing the question time.

5. After finishing of the question time, the Reporter has the right to answer all of them together. The length of his/her answer not exceed 20 minutes.

6. After the Reporter the Co-reporter takes the floor. The length of his/her speech shall not exceed 10 minutes. The MPs have the right to ask the questions concerning the draft law to the Co-reporter after the speech. The author of each question may take a floor only once for 1 minute. Co-reporter has the right to answer all questions together. The length of his/her speech shall not exceed 10 minutes.

7. After the speech of the co-reporter, the MP, the representative of a committee, a faction, the Majority, the Minority, whose alternative proposal was presented at the plenary sitting of the Parliament, takes the floor. The length of speech of the author of alternative proposal shall not exceed 5 minutes. MPs may ask him\her questions only once in a one minute period. A faction, the Majority, the Minority have the right to take the floor on the procedural issue once for one minute.

8. After the speeches of persons envisaged by the paragraph 4-7 of this article the representatives of leading committee and other committees are taking floor, if the representative of the leading committee is not a co-reporter. The length of the leading committee representative speech shall not exceed 10 minutes and of representative of other Committees 5 minutes.

9. After the representatives of leading Committee and other committees finish their speeches, the independent MPs take the floor. The speech of each of them shall not exceed 3 minutes. For this purpose the MPs personally register in the list of the speakers complied at the secretariat of the sitting before the reporter finishes his/her speech. The list is submitted to the Chair of the sitting. . The sequence of the MPs statements is determined by the Chair of the sitting according to the order they were registered in the list p. It is obligatory to follow the sequence. It is prohibited to make a statement without Speaker’s permission. Also the MP may register for the statement only once. The MP who is registered in the list and is attending the sitting at the time when his/her turn comes cannot give his/her speech to the other MP. If the MP is not attending the session during his/her turn, s/he cannot make a report on that issue. 

10. After the reports of the MPs are finished the representatives of the factions who are not united in Majority or Minority take floor, according to the same order representatives of Majority and Minority take floor and express their views concerning the draft law. The faction statements must not exceed 10 minutes and for Majority and Minority 15 minutes.

11. Reporter, Co-reporter, representatives of factions, Committees, Majority and Minority make their statements in the Sitting Hall from the podium situated in front of the Presidium.

12. After the speeches of the representatives of Factions, Majority and the Minority the reporter makes the concluding speech that shall exceed 10 minutes.

13. The draft law may be adopted by the second hearing omitting the certain articles. These articles might be presented at the third hearing.

14. At the second hearing the draft law is put to the vote as a whole. Alternative Proposal is voted first.

15. After the second hearing of the draft law is over, based on the vote Parliament makes one of the following decisions:

a) On the adoption of the draft law by the second hearing.

b) On submitting draft law to the leading committee for additional elaboration.

16. The draft law that cannot receive necessary number of votes determined by the Constitution and this Rules of Procedure for the adoption by second hearing is considered rejected and the resolution is made concerning the fact of rejection.

17. If the draft law rejected on the second hearing is not put to the vote within one month of a session period by the initiator for voting the draft law is considered rejected. Also the draft law is considered rejected if it does not get necessary number of votes during 3 times voting at one session period. Chair of the plenary sitting informs the Parliament on it. The fact is included in the plenary sitting record.

 

 

Article 160

1. After the adoption of the draft law by second hearing the leading committee discusses it to prepare for the third hearing at the plenary session within 5 days. After the committee sitting the draft law is sent in writing to the Organizational Department signed by the Chair of the Committee or in case of his/her absence by the authorized Deputy Chair to be put in the agenda of the closest sitting of the Parliament Bureau. Also each page of the draft law shall be signed by the Head of Staff of the Committee.

2. At the third hearing the edited version of the draft law, with comments of the second hearing incorporated, is sent to MPs. At the third hearing, only the editorial changes can be made to the draft law.

3. The draft law presented to the plenary sitting of the Parliament for the third hearing shall include the record prepared by the leading committee, on the status of the incorporation into the draft law of the comments approved by voting at the second hearing, also the conclusions of the leading committee and the Legal Department of the Office of the Parliament.

4. At the third hearing the draft law is presented by the reporter, MPs can make editorial remarks regarding the draft law. The time allocated for editorial remarks shall not exceed 3 minutes. A person may use the time only once concerning one issue.

5. After the speeches, the reporter delivers the conclusive speech. After the conclusive speech the Chair of the sitting considers the discussion of the draft law closed and informs the MPs on the date of the third hearing voting.

6. The articles set aside for the additional consideration at the second hearing are put to vote separately. The draft law can be adopted without these articles if they do not represent its principal provisions.

7. Before the voting by the third hearing, it is obligatory to disseminate the final edited version of the draft law with the comments made and approved at the third hearing at the plenary sitting of the Parliament the final edited version of the draft law with the comments made and approved at the third hearing. The title-page of this version shall be approved by the reporter on the draft law, the Chair of the leading committee (in his/her absence – by his/her replacement), a responsible member of the Committee Office, Chair of the Legal Department of the Office of the Parliament (in his/her absence – by his/her replacement), Head of the editorial section of the Legal Department (in his/her absence – by his/her replacement).

8. After the third hearing, the final edited version is put to the vote as a whole.

9. The draft law that cannot receive necessary number of votes determined by the Constitution and this Rules of Procedure for the adoption by the third hearing is considered rejected. In this case a resolution is made concerning rejection of the draft law by third hearing

10. If the draft law rejected on the third hearing is not put to the vote within one month of a session period by the initiator for voting the draft law is considered rejected. Also the draft law is considered rejected if it does not get necessary number of votes during 3 times voting at one session period. Chair of the plenary sitting informs the Parliament on it. The fact is included in the plenary sitting record

11. The draft law rejected by second and third hearing can be discussed in the Parliament according to the Rule of new legislative initiative if submitted.

12. It is prohibited to make any corrections in the draft law after voting by the third hearing.

 

    

Article 161

1. At the plenary session during the discussion of the draft law in case of necessity based on the motivated reason  of the reporter or co-reporter Parliament can make a decision to return the draft law from the third hearing to the second hearing.

 

    

Article 162

At the beginning of the discussion of the draft law (or the other kind of draft) in case of non-attendance of the reporter or co-reporter the draft is dismissed from the agenda of that plenary sitting and is put into the agenda of the next plenary sitting

 

    

Article 163

1. Parliament can discuss and adopt a draft law in an accelerated manner.

2. The consideration and adoption of the draft law in an accelerated manner means discussing and adopting the draft law by all three hearings during one week of the plenary sittings.  It is admissible to discuss and adopt the draft law by more than one hearing on one day of the plenary sitting only by the decision of the Bureau of the Parliament.

3. The Bureau of the Parliament makes the decision on the discussion of the draft law in an accelerated manner based on the well-reasoned proposal of the initiator of the draft law or the proposal of the leading committee. If the Bureau does not make the decision on the discussion and adoption of the draft law in an accelerated manner, the plenary sitting of the Parliament discusses and decides the issue.

4. In case of the decision on the discussion of the draft law in an accelerated manner by the Bureau or the plenary session, all the bodies determined according to this Rules of Procedure shall submit their suggestions concerning draft to the leading committee within the term determined by the Bureau or the plenary session.

5. It is prohibited to discuss and adopt the Constitution and constitutional draft law of Georgia in an accelerated manner.

6. A draft law can be discussed in an accelerated manner if it only implies adopting amendments to the law.

7. The draft law decided to be discussed in an accelerated manner shall include the relevant conclusions envisaged by this Rules of Procedure at the discussion at the plenary sitting of the Parliament. The discussion and voting on the draft law in an accelerated manner at the plenary sitting of the Parliament is conducted according to the rule of discussing and voting on the draft law established by these Rule of Procedure.

8. When adopting the draft law in an accelerated manner, the voting can be held after the draft law is discussed at the relevant hearing, on the same day. Also Parliament votes on the draft law by the third hearing only in case if its final edited version is presented. The title-page of this version shall be approved by the reporter on the draft law, the Chair of the leading committee (in his/her absence – by his/her replacement), a responsible member of the Committee Office, by the head of the Legal department of the Parliament of Georgia (in his/her absence – by his/her replacement) and by the head of editorial section of the Legal Department (in his/her absence – by his/her replacement).

 

     Article 164

1. Draft law announcing the abolishment of the law of Georgia, also the draft law on amendments to the law, which is related to changes of the date prescribed by law (the term), or terminology, is discussed and adopted on Parliament sitting by simplified rule - one hearing according to the rule set forth by Article 157 of this Rules of Procedure.

2. It is prohibited to discuss and adopt the Constitution and draft of constitutional law of Georgia by a simplified rule.

3. The decision on simplified discussion of the draft law (except the draft law on announcement of abolishment of the law, which is discussed without decision of the Bureau of the Parliament) is made by the Bureau of the Parliament on the basis of proposal from the initiator of the draft law or the leading committee.

4. In case of adoption of decision by the Bureau of the Parliament or the plenary sitting on simplified discussion of the draft law the subjects envisaged by this Rules of Procedure submit their comments about the draft law to the leading committee their comments about the draft law within the terms defined by the Bureau or the plenary sitting.

5. The draft law, which is decided to be reviewed by a simplified rule, shall include relevant conclusions envisaged by this Rules of Procedure whilst being revised on the Plenary Sitting of the Parliament. 

 

Article 165

The Minority, a faction not united in the Majority or the Minority, an independent MP have a right to request certain time for the consideration of a law initiated by them, decree or other act of the Parliament in the first half of Friday of the last week of each month’s plenary sessions, according to the rule established by this Rules of Procedure. The Bureau of the Parliament is obliged to put the issue on the agenda of the plenary sitting of the Parliament as provided by this Rules of Procedure. The issue is discussed according to the rule of discussion of the relevant issue established by this Rules of Procedure.

    

Article 166

1. Draft resolution is submitted to the Parliament and discussed in the committees according to rule of submission and discussion of the draft law in the committees set forth by this Rules of Procedure.

2. The draft resolution in general is discussed according to the rules of the first hearing of the draft law according to the rule established by this Rules of Procedure.

3. By the decision of the Parliament, a draft resolution of the normative character may be discussed by two hearings. After the discussion of the draft decision at the first hearing, based on the vote Parliament makes decision on the adoption or rejection of presented draft.

4. The proposals regarding the draft resolution shall be presented to the leading committee. If the leading committee rejects the proposal regarding the draft, by the request of the initiator Parliament discusses it along with the draft resolution. A new proposal can be made and discussed only with Parliament’s consent.

5. After the consideration of the draft resolution by the second hearing, the Parliament makes decision on the adoption or rejection of the presented draft as a whole based on the vote.

6. Parliament’s resolution, declaration, statement and appeal are discussed and adopted according to the rule established by this Rules of Procedure for the discussion and adoption of a resolution.

7. Parliament’s decision, resolution, declaration, statement and appeal are posted on Parliament web page.

 

Article 167

1. A draft of a constitutional law is considered adopted if at least two-thirds of enlisted members support it at two consecutive sessions of the Parliament with interval of at least 3 months.

2. A constitutional treaty is considered approved if at least three-fifth of enlisted members supports it.

3. A draft of an organic law is considered adopted if more than half the acting members of the Parliament support it.

4. Drafts of a law, the Rules of Procedure or a decision of the Parliament are considered adopted, if the majority of the MPs present at the plenary sitting, but no less than one-third of enlisted members support them, unless otherwise prescribed by the constitution of Georgia.

5. Parliament’s resolution, declaration, statement, appeal or recommendation are considered adopted if they are supported by the majority of the MPs present at the plenary sitting, but by no less than one-third of enlisted members.

6. Parliaments consent is adopted by the resolution as a rule.

7. The issue of promulgation or entry into force of the Parliament's resolution is determined according to paragraph 2 of Article 170 of this Rules of Procedure.

8. The date of the adoption of a draft law or resolution or other act of the Parliament is a day, when Parliament adopted its final version.

 

    

Article 168

1. The protocol and the shorthand of the sitting are drawn up at the discussion of a draft law at the plenary sitting of the Parliament. The protocol of the plenary sitting of the Parliament, except the confidential issues, can be posted on Parliament web page.

2. Only the MPs, an authorized representatives of the President and the Government of Georgia, also those representatives of state bodies, who participated in the work of the sitting, can see the protocol and the shorthand of a closed plenary sitting of the Parliament.

 

 

CHAPTER XXV

Promulgation and Enforcement of Laws and Other Acts of the Parliament

 

    

Article 169

Within 7 days (the day offs is not included in this term) of the adoption by the Parliament, a draft law approved by the initiator of the draft law or by his/her authorized representative, the Chair of the leading committee (in his/her absence – by his/her replacement), a responsible representative of the Apparatus of the Committee , the Chair of the Legal Department of the Apparatus of the Parliament (in his/her absence – by his/her replacement) and the Head of Editorial Section of the Legal Department  (in his/her absence – by his/her replacement) and after signing relevant appeal by the Chair (Speaker) of the Parliament is sent to the President of Georgia.

 

Article 170                

1. The President of Georgia signs a draft law and promulgates a law as provided by the Constitution of Georgia within 10 days term.

2. The resolution of the Parliament, except the resolution of a normative character, enters into force upon adoption, unless other terms are defined by the given resolution. The normative resolution of the Parliament is officially published on the web page of the Legal Entity of Public Law "“Georgian Legislative Monitor” (Sakartvelos Sakanonmdeblo Matsne) and enters into force after being published, unless other term is defined by the given resolution.

3. A law is officially promulgated on the web page of the Legal Entity of Public Law - “Georgian Legislative Monitor” (Sakartvelos Sakanonmdeblo Matsne) and enters into force on the 15th day after being published, unless other term is defined by the given law.

 

CHAPTER XXVI

Consideration of a Draft Law Returned with theObjections of the

President of Georgia

Article 171

1. The President of Georgia is authorized not to sign a draft law in the given term and to return it to the Parliament with motivated objections.

2. Parliament discusses the draft law returned with motivated objections of the President within 15 days. President’s motivated objections shall be formulated in a form of a draft law.

3. If Parliaments adopts President's objections, within 5 days the draft law is sent to the President of Georgia, who signs its final version and promulgates it within 7 days.

4. If Parliament does not adopt the President's objections, the first version of the draft law is put to the vote. A draft law is considered adopted if at least half of enlisted members support it. A draft of an organic law is considered adopted if at least half of the total number of the MPs support it. The draft of a constitutional law is considered adopted if not less than three-fourth of the total number of the members of Parliament support it.

5. If the President of Georgia does not promulgate a draft law in time, the Chair of the Parliament signs the draft law and promulgates it within 5 days in “Sakartvelos Sakanonmdeblo Matsne.” (Georgian Legislative Monitor)

6. If in the cases set forth in paragraphs 3 and 4 of this article the draft law does not receive the necessary number of votes, it is considered rejected and after holding the consultations with the President of Georgia, the Parliament may return to its consideration according to the established rule at the next ordinary session.

 

    

Article 172

1. If the President of Georgia returns the draft law with motivated objections to Parliament, but the term of authority of the Parliament is expired, the objections are discussed by a newly elected Parliament.

2. If the President of Georgia returns the draft law with motivated objections to the Parliament, but it is the time of the Parliamentary holidays or 15 days remain before them, an extraordinary session can be convened according to the established rule in order to discuss the objections.

 

 

CHAPTER XXVII

The Full or Partial Revision of the Constitution of Georgia

 

      

Article 173

1. The majority of total number of MPs and at least 200,000 electors have the right to submit to Parliament a draft law on the full or partial revision of the Constitution of Georgia, approved with the appropriate signature (signatures).

2. A draft law on the full or partial revision of the Constitution of Georgia, approved with the appropriate signature (signatures), is registered by the Organizational Department of the Apparatus of the Parliament and is immediately transferred to the Bureau of the Parliament.

    

Article 174

The Committee on Procedural Issues and Rules examines the validity of the signatures within one week on the draft law on the full or partial revision of the Constitution of Georgia submitted by the majority of total number of the MPs and reports the results to Parliament.

    

Article 175

1. The citizens of Georgia with the right to vote create an initiative group consisting of no less than 10 members, in order to execute their right to submit a draft law on the full or partial revision of the constitution of Georgia.

2. An initiative group submits a request of registration to the Bureau of the Parliament. The request shall include a draft law on the full or partial revision of the constitution of Georgia and the following data on the members of the initiative group: name, last name, address, personal (ID) number, and phone number. Within 3 days the Bureau passes this information to the Committee on Procedural Issues and Rules.

3. Within 7 days of the receipt of the registration request, the Committee on Procedural Issues and Rules provides the initiative group with a registration certificate or a well-reasoned refusal on registration. The violation of the requirements set forth in paragraphs 1 and 2 of this article serve as the basis for the refusal on registration.

4. The initiative group can withdraw its request of registration before the receipt of the registration certificate.

5. From the day of receiving the certificate of registration, the initiative group is authorized to start collecting the signatures of the supporters of the draft law on the full or partial revision of the Constitution.

6. In order to collect the signatures not more than 50 voters sign each sheet of the form established by the Committee on Procedural Issues and Rules. They personally indicate the following data: name, last name, date of birth, ID number, address, phone number and date of signature. 6.  A person who is responsible for collecting the signatures and is in charge for the correctness of signatures and responsible for their falsification confirms each page by signature. The signature of each responsible person shall be certified at the Notary Bureau. Also, in one municipality, one signature of the person responsible for collecting the signatures certified by notary’s signature is sufficient. All other pages requiring the signatures approved by the responsible person do not require Notary certification at the same municipality. 

7. Within 4 months after receiving the registration certificate, the initiative group hands over the sheets with signatures to the Bureau of the Parliament, which passes them to the Committee on Procedural Issues and Rules within 3 days.

8. Within one month of the receipt of the sheets the Committee on Procedural Issues and Rules examines the validity of the signatures and reports the results to the Bureau of the Parliament. If the violation of the requirements of this Rules of Procedure is established, the Bureau refuses the initiative group to present the draft law on the full or partial revision of the constitution for Parliamentary consideration.

9. Any signature is nullified if:

a) Is put on the sheet, which does not comply with the established form or/and is not confirmed and certified according to the rule set forth the in paragraph 6 of this article;

b) Does not include the data defined by paragraph 6 of this article;

b) Is affixed under cheating, threat, and pressure or by other person, if the voter confirms this in writing.

10. The person responsible for collecting the signatures bears responsibility for forgery as provided by the Georgian legislation.

11. If after the verification the number of signatures is less than 200,000, the execution of the right to present a draft law on the full or partial revision of the constitution by citizens’ initiative is considered rejected.

12. If the presentation of the draft law on the full or partial revision of the constitution is rejected, the initiative group has the right to address within 5 days the first instance court in the system of the common courts.

13. A positive conclusion of the Committee on Procedural Issues and Rules on the validity of the voters’ signatures, the draft law on the full or partial revision of the constitution presented by 200,000 voters, and the signatures of the voters are submitted to the Bureau of the Parliament, which puts the issue in the agenda of the nearest plenary sitting for promulgation and with the aim to create the Organizational Commission and hold General Public Discussion of the draft constitutional law. The sheets with signatures is handed to the Organizational Department of the Apparatus of the Parliament.

 

    

Article 176

1. To ensure public discussion of a draft law on full or partial revision of the constitution the Parliament makes a decision to create the Organizational Commission of Public Discussion.

2. The Parliament determines the number of members and composition of the Organizational Commission of Public Discussion.

3. At last half, but not less than 3 MPs, of the members of the Organizational Commission of Public Discussion shall be the representatives of the Faction(s), which is (are) not the part of the Majority and/or independent MPs.

4. It is not mandatory to observe the rule on proportion of MPs representation in the Organizational Commission of Public Discussion if it is not possible to compose the Commission in line with the rule enshrined in paragraph 3 of this article.

5. The Organizational Commission of Public Discussion shall consider the materials related to a draft law on the full or partial revision of the constitution within a month.

6. The Parliament shall begin the discussion of the draft law on the full or partial revision of the constitution after a month from its promulgation.

7.  The discussion of a draft law on the full or partial revision of the constitution shall start with the report by the Chair of the Organizational Commission of Public Discussion or an authorized member of the Commission, who informs the plenary sitting on the results of the public discussion of the draft law on the full or partial revision of the constitution. After this, a member of the initiative group appointed by the subject referred to in paragraph 1 of Article 173 (in case of 200,000 voters - appointed by the initiative group) presents a draft law on the full or partial revision of the constitution to the plenary sitting.

8. The Parliament shall discuss a draft law on the full or partial revision of the constitution and adopts through three hearings in line with the rules on discussion and adoption of draft laws of this Rules of Procedures.  Herewith, the first and the second hearings on discussion and adoption of the draft law shall be held in the same session, whereas the third discussion and adoption shall be held on next session, at least after three months from the second hearing.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

 

CHAPTER XXVIII

Exercising the Legislative Initiatives by the Voters

 

Article 177

1. No less than 30000 voters may initiate a draft law and an initiative group is formed by five citizens of Georgia with the electoral right.

2. Initiative group appeals to the Bureau of the Parliament with a written statement about the registration of the initiative group. Draft law and the following data of the initiative group shall be added to the statement: name, surname, date of birth, the personal Number of ID, address and telephone number. These data are transferred from the Bureau of the Parliament to the Committee of the Procedural Issues and Rules within two days.

3. The Committee on Procedural Issues and Rules within five days after receiving data from the Bureau of the Parliament gives registration form to the initiative group or a motivated refusal. The reason for refusal is the violation of the 1st and 2nd paragraphs of this article.

4. Initiative group may request back the statement before the registration form is provided.

5. After the initiative group receives the registration form, they are eligible to start gathering signatures of supporters of the draft law.

6. Each page given by the Committee on Procedural Issues and Rules is signed by no more than 50 voters. The person responsible for the correctness of signatures includes the following data: name, surname, date of birth, personal number of ID, address and date of signature, which is approved by a voter with a signature. A person who is responsible for collecting the signatures and is in charge for the correctness of signatures and responsible for their falsification confirms each page by signature. The signature of each responsible person shall be certified at the Notary Bureau. Also, in one municipality, one signature the person responsible for collecting the signatures certified by notary’s signature is sufficient. All other pages requiring the signatures approved by the responsible person do not require Notary certification at the same municipality.

7. The filled forms must be submitted to the Bureau of the Parliament within 45 days after taking the registration forms and Bureau transfers these forms within 2 days to the Committee on Procedural Issues and Rules.

8. The Committee on Procedural Issues and Rules according to the selection principle checks the validity of the signatures within 2 weeks and results are transferred to the upcoming Bureau of the Parliament for discussion. If the validity of signatures are under doubt and because of this principle the number of signatures is less than 30000, then the Bureau refuses to give a floor for the discussion of the draft law after the Committee on Procedural Issues and Rules gives a negative resolution. Accordingly, the draft law is denied.

9. All signatures are nullified which are:

a) Not signed on the appropriate paper, which is not in accordance to the rules mentioned in the paragraph 6 of this article;

b) Does not contain the data mentioned in paragraph 6;

c) Is conducted by falsification by the inappropriate person, which can be certified by a voter.

10. After the refusal the initiative group is eligible to appeal within 5 days to the first instance court in the system of common courts.

11. Positive conclusion of the Committee on Procedural Issues and Rules on the signatures together with the draft law and the signatures is transferred to the Bureau of the Parliament. The list of signatures is handed to the Organizational Department of the Apparatus of the Parliament.

12. On the draft law initiated by 30000 voters the reporter is one of the members of initiative group of the eligible representative and the co-reporter is the representative of leading committee.

13. The draft law initiated by 30000 voters is discussed according to this Rules of Procedure.

 

CHAPTER XXIX

Consideration and Adoption of the Draft Organic Law on the State Symbols

 

 

Article 178

Preparation, consideration and adoption of the draft organic law (Georgian Organic law on “State flag”, “State Emblem”, “State Anthem”) on the state symbols is determined according to the Constitution of Georgia, Law of Georgia on "Normative Acts" and to this Rules of Procedure.

 

Article 179

1. Parliament of Georgia publishes the draft laws on State Symbols in the “sakartvelos sakanonmdeblo matsne” (Georgian Legislative Monitor) for the public discussion if these drafts are related the description of the emblem and the flag, or text and music of the anthem.

2. In the aim to provide public discussion of draft organic law on state symbols, Parliament decides to create Organizational Committee for Public Discussion.

3. The number and composition of the Organizational Committee for Public Discussion is defined by the Parliament.

4. The Organizational Committee for Public Discussion discusses the materials concerning the draft law on State symbols within a month.

 

    

Article 180

1. In the cases determined by the paragraph 1 of Article 179, the Parliament starts discussion on the draft organic law on state symbols after a month of its publication, according to this Rules of Procedure.

2. On the plenary session before the discussion of the above mentioned organic draft laws starts the Organizational Committee for Public Discussion reports on the results of public discussion.

3. The draft laws on state Symbols is discussed and adopted by one (first) hearing according to article 157 of this Rules of Procedure.

 

 

Article 1801

 

1. The Parliament shall define the place for storing the State Flag and of Georgia and State Anthem of Georgia with its decree.

2. The Parliament shall define the standard size and exact image of the State Flag of Georgia with its decree. The standard size of the State Flag of Georgia can be changed considering proportions of State Flag of Georgia established by the same decree.

3. The Parliament shall define rule and conditions for production of the Flag of Georgia.

4. The Parliament shall define the rule for performance of the National Anthem of Georgia.

The Rules of Procedures of the Parliament, #1688, November 29, 2013 – web-site10.12.2013.

 

Article 1802

 

1. According to paragraph 2 of article 7 of the Law of Georgia on National Coat of Arms, the Parliament shall define with its decree the list of official documents of bodies and public officials defined by paragraph 2 of article 7 of the same Law that should always have full version of the national coat of arms.

2. According to the Law of Georgia on National Coat of Arms, other cases of official use of the national coat of arms shall be defined by law and/or decree of the Parliament.

3. The Parliament shall define production, use, storage and destruction of those forms, stamps and other means that portray national coat of arms.

The Rules of Procedures of the Parliament, #1688, November 29, 2013 – web-site10.12.2013.

 

CHAPTER XXX

Consideration and Adoption of a Bill (Draft Law) on the State Budget

 

 

Article 181

1. Drafting, consideration and adoption of the draft law on the State Budget are conducted according to the Budgetary Code of Georgia and this Rules of Procedure.

2. With the purpose of agreeing Basic Dimensions and Directions with the Georgian Parliamentary Committees, the Government of Georgia shall, prior to June 1, submit to the Parliament of Georgia the information concerning the main macroeconomic forecasts and the basic directions of Georgian Ministries.

3. The Financial-Budgetary Committee organizes the consideration and coordination of the main data and directions of main macroeconomic forecasts and the basic directions of Georgian Ministries. When needed, the Committee is authorized to request and receive the necessary information from Government, Ministries, other institutions, other bodies of executive power.

4. As a rule, parliamentary committees, according to spheres under their competence discuss, the information on the main macroeconomic forecasts and the basic directions of Georgian Ministries and draft relevant conclusions, which not later than June 18 are submitted to the Financial-Budgetary Committee, which on its part together with its conclusions and suggestions (remarks) sends these conclusions to the Government of Georgia no later than June 20.

 

Article 182

1. Not later than October 1 Government of Georgia submits to Parliament a draft law on the State Budget with the materials determined by the legislation (including, report on the implementation of the current year state budget) and Country’s Basic Dimensions and Directions document, which is in compliance with the budget draft.  

The draft state budget with enclosed materials and country’s Basic Dimensions and Directions document shall be made available to the public upon its submission to the Parliament of Georgia. 

3. Enclosed materials to the state budget (except package of legislative changes required for enactment of the Law on Annual Budget) is of an informational character and is not approved by the Parliament.

 

Article 183

1. Within 2 days after endorsement of  the draft law on the State Budget, report of the Government of Georgia on the execution of the current year state budget and Country’s Basic Dimensions and Directions document, which is in compliance with the budget draft, Financial- Budgetary Committee, after the Chair (Speaker) of the Parliament meets with the representatives of committees, factions, the Majority, the Minority, ensures that the schedule of the consideration of the law on the State Budget, report of the Government of Georgia and Country’s Basic Dimensions and Directions document.

2. The draft law on the State Budget, report of the Government of Georgia on the execution of the current year state budget and Country’s Basic Dimensions and Directions document, which is in compliance with the budget draft as well as the schedule of their consideration on the next day after it is drafted are sent to the committees, factions, the Majority, the Minority, to independent MPs, Legal Department of the Parliament also the National Bank of Georgia and the State Audit Office. Only the schedule of mentioned consideration is sent to the Government of Georgia.

3. 2 days prior to the concluding sitting of the Financial-Budgetary Committee, the State Audit Office submits to Parliament the conclusion on the draft law on the State Budget and reasonability and legality of incomes and payables considered by this draft, also the report of government on executing the budget of the current year. The National Bank of Georgia submits to Parliament a conclusion on the basic parameters of the draft law on the State Budget.

4. According to the discussion schedule stipulated in the paragraph 1 of this article, the committees, factions, the Majority, the Minority discuss the draft law on the State Budget, the report of government on executing the budget of the current year and Country’s Basic Dimensions and Directions document, which is in compliance with the budget draft. They draft the relevant conclusions and send them to the Financial-Budgetary Committee. Committees may prepare a joint conclusion.

5. The Financial-Budgetary Committee organizes the discussion of the draft law on the State Budget, the report of government on executing the budget of the current year and Country’s Basic Dimensions and Directions document, which is in compliance with the budget draft according to the established rule. The Financial-Budgetary Committee is authorized to request and receive if needed the necessary information from the Government of Georgia, Ministries, other agencies, other establishments of executive government. The Financial-Budgetary Committee reports once a week to the Chair (Speaker) of the Parliament on the process of the consideration of the draft. 

6. During the Committee hearings, the draft law on the State Budget, the report of the Government of Georgia on executing the budget of the current year and Country’s Basic Dimensions and Directions document, which is in compliance with the budget shall be presented jointly by the Minister of Finance or his/her Deputy Minister and the relevant Ministry or his/her Deputy. The Auditor General or his/her representative attends this discussion.

7. That part of the draft law on the State Budget, which concerns the State secret, is discussed by the trust group. The conclusions adopted by the trust group concerning the relevant facts of financing those programs and on the allocation of resources on those expenses is submitted to the Financial-Budgetary Committee.

8. Not later than October 20 the Financial-Budgetary Committee presents to the Chair of the Parliament the conclusions of other committees, factions, the Majority, the Minority, the independent MPs, the Legal Department of Office of the Parliament, also the National Bank of Georgia and the State Audit Office.

9. Within two days, but not later than October 22 after the Financial-Budgetary Committee presents the conclusions on the draft law on the State Budget to the Chair (Speaker) of the Parliament, the Chair sends to the Government of Georgia. The remarks made on the Country’s Basic Dimensions and Directions document, which is in compliance with the budget, for the three post-planned years shall be regarded as recommendations.

10. The Government of Georgia not later than November 5 shall submit to the Parliament of Georgia the revised versions of the draft state budget (each page of the revised draft has to be authorized by responsible person) and the Basic Dimensions and Directions document for the consideration. The information on the submitted proposals and comments with indication of the status of their consideration shall be attached to the draft.

11. The revised versions of the draft state budget and the Basic Dimensions and Directions document 2 days after being submitted to the Parliament of Georgia are transferred to the committees, factions, the Majority, the Minority, the independent MPs, the  Legal Department of Office of the Parliament, also the National Bank of Georgia and the State Audit Office.

12. The proposals and remarks approved by the Government of Georgia shall be incorporated into the draft law on the State Budget.

 

    

Article 184

1. The draft law on the State Budget is discussed at the plenary sitting of the Parliament as provided by this chapter, by one hearing.

2. The Prime Minister of Georgia or any member(s) of the Government of Georgia being authorized by the relevant order of the Prime Minister present the draft law on the State Budget and the report on fulfillment of the State Budget of the current year at the plenary sitting of the Parliament.

3. The State Audit Office, 1 day prior to the plenary sitting of the Parliament, submits to the Parliament the conclusion on the revised draft law on the State Budget and reasonability and legality of incomes and payables considered by this draft, also the report of government on executing the budget of the current year. The National Bank of Georgia submits to Parliament a conclusion on the basic parameters of the revised draft law on the State Budget.

4. While presenting the draft law on the State Budget and the report on fulfillment of the State Budget of the current year, the Member(s) of Government takes the floor for no more than 60 minutes, which can be prolonged by Parliament’s request. After the speech of the Member of Government, the co-reporter – a representative of the Financial-Budgetary Committee takes the floor for no more than 30 minutes.

5. Speeches on the draft law on the State Budget for not more than 20 minutes are made by:

a) The President of the National Bank, who presents the conclusion on the main parameters of the revised draft law on the State Budget;

b) The Auditor General, who presents the conclusion on the revised draft law on the State Budget and reasonability and legality of incomes and payables considered by this draft, also report on and the report of government on executing the budget of the current year;

c) Representatives of the committee presenting the conclusions of these committees on the draft budget;

6. After the speeches are over, there are held debates according to the rule determined by this Rules of Procedure for the consideration by the first hearing.

7. After the debates, the Chair (Speaker) of the Parliament announces a break in the consideration of the draft law on the State Budget.

 

Article 185

1. Within 2 days of the announcement of the break in the consideration of the draft law on the State Budget, but not later than November 14, committees, factions, the Majority, the Minority, independent MPs submit their conclusions and proposals (remarks) to the Financial-Budgetary Committee, which on the same day presents them to the Chair (Speaker) of the Parliament along with its own conclusion and proposals (remarks).

2. The Chair of the Parliament within 1 day, but not later than November 15, sends the received conclusions and proposals (remark) to Government of Georgia.

 

Article 186

1. After transferring conclusions and proposals according to paragraph 2 of Article 185 of this Rules of Procedure, the Government of Georgia not later than November 30 presents to the Parliament of Georgia the final version of the draft law on the State Budget (each page authorized by the responsible person) and the Basic Dimensions and Directions document together with the  information on the expressed proposals and comments at the plenary sitting with indication of the status of their consideration. These documents on the next day shall be sent to the committees, factions, the Majority, the Minority, independent MPs, also to the National Bank of Georgia and the State Audit Office.

2. The Parliament shall discus the draft law on the State Budget at the plenary sitting not later than 5 days after the final version is submitted by the Government of Georgia.  The consideration of the draft law on the State Budget is continued by the report(s) of the member(s) of Government, which shall not exceed 1 hour.

3. The representatives of the committees, factions, the Majority, the Minority, independent MPs have a right to put questions to the reporter according to the rule of putting a question at the consideration by the first hearing determined by this Rules of Procedure or take the floor.

4. After the speeches are over, the Member(s) of Government makes the conclusive speech for no more than 30 minutes. S/he (they) have a right to propose Parliament to adopt the draft law on the State Budget.

5. Parliament adopts the draft law on the State Budget by the majority of votes of enlisted members. The draft shall be put to the vote not later than third Friday of December.

6. The amendment to the law on the State Budget in the Parliament can be made by the consent of the Government of Georgia. In this case the Government of Georgia shall submit to Parliament revised version of the draft law on amendments to the law on State Budget. The amendment to the draft law on the State Budget can also be made during its discussion process at the plenary sitting if the speaker agrees with expressed remarks.

7. If Parliament fails to adopt the draft law on the State Budget not later than third Friday of December, the same or a new version of the draft law on the State Budget revised by the joint efforts of the coordinating commission of the Members of Government and Parliament, can be put to the vote again within 10 days, but not later than December 31.

8. If Parliament fails to adopt the draft law on the State Budget before the start of a new fiscal year, the expenses will be covered according to previous year law on State Budget. 

9. The law on the State Budget is published according to the established rule. The law on the State Budget and its supplements shall be accessible to the public.

10.  No later than one month after the beginning of planning the budgetary year, the Ministry of Finance of Georgia, on the basis of the information received from the local self-governments and Autonomous Republics, shall ensure elaboration of the final draft of the Basic Dimensions and Directions document and submit it in the form of information to the Financial-Budgetary Committee of the Parliament of Georgia.

 

CHAPTER XXXI

Discussion and adoption of the draft law on the amendments to the law on the State Budget

Article 187

1. Within 2 days after receiving the draft law on the amendments to the law on the State Budget from the Government of Georgia, the Bureau of the Parliament shall discus the schedule of discussion presented by the Chair of the Financial-Budgetary Committee and submits it to the Chair (Speaker) of the Parliament for the approval. The Financial-Budgetary Committee of the Parliament also ensures making the discussion plan on the draft law on the amendments to the law on the State Budget.

2. The draft law on the amendments to the law on the State Budget, also discussion schedule of this draft is sent to the committees, factions, the Majority, the Minority, to independent MPs, Legal Department of the Parliament, also the National Bank of Georgia and the State Audit Office. Only the schedule of mentioned consideration is sent to the Government of Georgia. The State Audit Office, 2 day prior to the concluding sitting of the Financial-Budgetary Committee, submits to the Parliament the conclusion on the draft law on the amendments to the law on the State Budget and reasonability and legality of incomes and payables considered by this draft. The National Bank of Georgia submits to Parliament a conclusion on the basic parameters of the draft law on the amendments to the law on the State Budget.

3. The committees, factions, the Majority, the Minority, which discussed the draft law on the amendments to the law on the State Budget, draft the relevant conclusions and send them to the Financial-Budgetary Committee. Committees may prepare a joint conclusion.

4. The Financial-Budgetary Committee organizes the consideration of the draft law on the amendments to the law on the State Budget according to the established rule. The Committee presents information to the Chair (Speaker) of the Parliament on the discussion process.

5. For the Committee hearings, the draft law on the amendments to the law on the State Budget shall be presented jointly by the Minister of Finance or his/her Deputy Minister and the relevant Ministry or his/her Deputy. The Auditor General or his/her representative attends this discussion. During the hearings of the draft law on the amendments to the law on the State Budget in the Factions, the Majority or the Minority, it is presented by the Minister of Finance of Georgia or by his/her Deputy.

6. That part of the draft law on the amendments to the law on the State Budget, which concerns the State secret, is discussed by the trust group. In the process of discussion of the draft law on the amendments to the law on the State Budget, the conclusions adopted by the trust group within its competence concerning the relevant facts of financing the programs and on the allocation of resources on the expenses is submitted to the Financial-Budgetary Committee.

7. The Financial-Budgetary Committee, other committees, factions, the Majority, the Minority, the independent MPs, the Legal Department of Office of the Parliament, also the National Bank of Georgia and the State Audit Office as a result of their consideration according to approved plan present to the Chair of the Parliament the conclusions on the law on the amendments to the law on the State Budget.

8. Within 7 days after the law on the amendments to the law on the State Budget is submitted to the Parliament by the Government of Georgia, the Chair (Speaker) of the Parliament sends the relevant conclusions to the Government of Georgia.

9. The Government of Georgia not later than 5 days after receiving conclusions and proposals (comments) shall submit to the Parliament of Georgia the revised versions of the law on the amendments to the law on the State Budget (each page of the revised draft has to be authorized by responsible person). The information on the submitted proposals and comments with indication of the status of their consideration shall be attached to the draft.

10. The proposals and remarks approved by the Government of Georgia shall be incorporated into the law on the amendments to the law on the State Budget.

11. The revised versions of the law on the amendments to the law on the State Budget within 1 day after being submitted to the Parliament of Georgia are transferred to the committees, factions, the Majority, the Minority, the independent MPs, the Legal Department of Office of the Parliament, also the National Bank of Georgia and the State Audit Office.

 

Article 188

1. The Parliament holds discussion on the law on the amendments to the law on the State Budget at the plenary sitting not later than 5 days after the revised draft is submitted by the Government of Georgia. The Prime Minister of Georgia or a person being authorized by the relevant order of the Prime Minister present the law on the amendments to the law on the State Budget. The Parliament also hears the reports of the State Audit Office, National Bank of Georgia and Financial-Budgetary Committee. The discussion on the draft law starts with speeches of authorized persons. The speech shall not exceed 1 hour. The speech can be prolonged by Parliament’s request. After the speech of the reporter, the co-reporter – a representative of the Financial-Budgetary Committee takes the floor for no more than 30 minutes.

2. Speeches on the law on the amendments to the law on the State Budget for not more than 20 minutes are made by:

a) The President of the National Bank of Georgia (Vice-President), who presents the conclusion on the main parameters of the revised law on the amendments to the law on the State Budget;

b) The Auditor General (his/her deputy), who presents the conclusion on the revised law on the amendments to the law on the State Budget and reasonability and legality of incomes and payables considered by this draft;

c) Representatives of the committees presenting the conclusions of these committees on the law on the amendments to the law on the State Budget.

3. The representatives of the committees, Factions, the Majority and Minority, the independent MPs have the right to ask questions to the reporter or take the floor during the discussion of the law on the amendments to the law on the State Budget at its first hearing according to the rule determined by this Rules of Procedure.

4. After the speeches are over, the authorized person makes the conclusive speech for no more than 30 minutes. S/he has a right to propose Parliament to adopt the law on the amendments to the law on the State Budget.

5. The Parliament approves the law on the amendments to the law on the State Budget with vote of enlisted members by one hearing.

6. If Parliament fails to adopt the law on the amendments to the law on the State Budget the same or a new version of the law on the amendments to the law on the State Budget revised by the joint efforts of the coordinating commission of the Members of Government and Parliament, can be put to the vote again.

7. The law on the amendments to the law on the State Budget is published according to the established rule. It shall be accessible to the public.

 

 

CHAPTER XXXII

Consideration and Approval of an Annual Report on the Implementation of the State

Budget. Parliamentary Control over the Implementation of the State Budget

 

    

Article 189

1. Parliament, through the Financial-Budgetary committee, exercises general and consistent control over State Budget implementation. As a rule, other committees exercise control over budget implementation in their respective fields.

2. Within 1 month of the end of each quarter, the Ministry of Finance of Georgia submits to Parliament The quarterly overview on the implementation of the State Budget with cumulative sum.

3. Parliamentary committees, as a rule, discuss quarterly the implementation of the State Budget of Georgia during a fiscal year. The committees have the right to require and receive additional information regarding the implementation of the State Budget from the appropriate state agencies. The Financial-Budgetary committee organizes the process of discussion in committees. If necessary, the results are reported to Parliament and they may become a matter of the Parliamentary consideration.

 

Article 190

1. The Government shall submit to the Parliament a report on the implementation of the state Budget for approval as soon as the information is received the that State Audit Office finalized preparation of its statement on the aforementioned report, but not later than 5 months after the completion of the fiscal year.  The Office of the Parliament shall send the report on the implementation of the State Budget to the National Bank of Georgia in line with the rule established by this Rules of Procedures.

2. The State Audit Office shall submit to the Parliament a statement on the report of the Government of Georgia on implementation of the State Budget within 45 days from presenting the report by the Government to the State Audit Office.

3. The report on the implementation of the State Budget and the statement on this report by the State Audit Office shall be considered by:

a) Committees, as a rule according to their mandate;

b) Factions, Majority, Minority and the independent MPs.

4. The Parliament shall discuss the report on the implementation of the State Budget and the statement on this report by the State Audit Office no later than the end of the spring session.

5. The Office of the Parliament shall submit copies of the report on the implementation of the State Budget and the statement on this report by the State Audit Office to the Financial-Budgetary committee, other committees, factions, Majority, Minority, and independent MPs no later than 3 days from submission of these documents. The Financial-Budgetary Committee shall make the schedule of discussion of the reports on implementation of the State Budget within 2 days from receiving the report on the implementation of the State Budget and the statement on this report by the State Audit Office and send the schedule to the parliamentary committees, factions, the majority, the minority, as well as to the Government of Georgia, the State Audit Office and the National Bank of Georgia. The Financial-Budgetary Committee and other committees shall discuss the report on the implementation of the State Budget and the statement on this report by the State Audit Office, as a general rule within their mandate, within 2 weeks and prepare their conclusions.

6. Conclusions of the Financial-Budgetary Committee, other committees, factions, the majority and minority shall be submitted to the plenary sitting. The Parliament shall adopt a resolution on annual report on implementation of the State Budget after discussion of the report on the implementation of the State Budget and the statement on this report by the State Audit Office, conclusions of the parliamentary committees, factions, the majority and the minority and completion of the parliamentary discussion according to the rules on the first hearing for draft laws set for by the Rules of Procedure. The Parliament shall approve an annual report on the implementation of the State Budget if it accurately and fully reflects volume of the budgetary incomes and payables and their legality of the previous fiscal year. Otherwise, the Parliament can reject to approve a report on the implementation of the State Budget. The Parliament shall adopt a resolution on approval or rejection of the State Budget before the end of the spring session. The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 191

Parliament is authorized to control the legality of spending the State Budget resources through the State Audit Office.

 

 

CHAPTER XXXIII

Adoption of Conception

 

 

Article 192

1. According to the existing rules the Conception received in Parliament is transferred to the Bureau of the Parliament, which makes a decision about the beginning of the discussion procedure and assigns the leading committee. Within 48 hours after the Bureau of the Parliament makes the decision, the Organizational Department of Office of the Parliament transfers the conception for consideration to the leading committee, to the factions, other committees, Majority and Minority, independent MPs and Legal Department of the Parliament.

2. The committees, the Factions, Majority and Minority, Independent MPs and Legal Department of the Parliament discuss and no later than 10 days submit motivated conclusion about the Conception to the leading committee, which transfers the Conception and related conclusions to the Bureau of the Parliament for putting the Conception in the agenda of plenary sitting.

3. The Conception is discussed on the plenary session according to the rule of first hearing of this Rules of Procedure.

4. Parliament adopts the conception with the majority of votes.

5. If the conception fails to be adopted by the Parliament, within 48 hours the issue is discussed on the meetings of Chair (Speaker) of the Parliament, Deputy Chair (woman), Committee Chairmen, leaders of factions, Majority and Minority, initiator of the Conception or h/her authorized person. After which the issue is discussed again on the plenary sitting of the Parliament.

6. If Parliament does not adopt the conception according the sections 3-5 of this article the initiator of the conception should make the amendments within a month and send it back to the Parliament, which discusses the same conception according to the procedures mentioned in this article.

 

 

Chapter XXXIV

Approval of Constitution of the Autonomous Republic of Adjara

 

Article 193

1. For the purpose of approving the Constitution of the Autonomous Republic of Adjara, the Supreme Council of the Autonomous Republic presents to Parliament the draft organic law of Georgia “On the Approval of Constitution of the Autonomous Republic of Adjara” and Constitution of the Autonomous Republic of Adjara adopted according to the established rule by the Supreme Council of Autonomous Republic of Adjara.

2. After submitting the draft organic law of Georgia “On the Approval of Constitution of the Autonomous Republic of Adjara”  to the Parliament according to the rule established for submission of legislative initiative, the Bureau of the Parliament according to this Rules of Procedure makes decision on launching the discussion process on the draft law and together with the Constitution of the Autonomous Republic of Adjara transfers this draft law to the leading Committee, other committees, Factions, the Majority, the Minority, independent MPs, Legal department of the Office of the Parliament and the Government of Georgia.

3. The parliamentary committees, Factions, the Majority, the Minority, independent MPs, Legal Department of Office of the Parliament and the Government of Georgia, within 10 days after the decision is made in the Bureau of the Parliament on starting the procedure of discussion of the draft law, submit their comments to the leading committee on the draft organic law of Georgia “On the Approval of Constitution of the Autonomous Republic of Adjara” and Constitution of the Autonomous Republic of Adjara.

4. Within 3 weeks after the decision is made on launching the consideration procedure of the draft law by the Bureau of the Parliament, the leading committee convenes the committee sitting to discuss draft organic law of Georgia “On the Approval of Constitution of the Autonomous Republic of Adjara” and Constitution of the Autonomous Republic of Adjara.

5. The Leading committee is authorized together with the conclusion submit to the Bureau of the Parliament the draft resolution of the Parliament of Georgia about the comments made on the draft organic law of Georgia “On the Approval of Constitution of the Autonomous Republic of Adjara” and Constitution of the Autonomous Republic of Adjara. Mentioned draft resolution is shall be elaborated in consideration of the comments expressed towards the draft organic law of Georgia "On the Approval of the Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara.

Article 194

1. The Parliament approves the constitution of the Autonomous Republic of Adjara according to the organic law of Georgia “On the Approval of Constitution of the Autonomous Republic of Adjara”, by discussing it at the first hearing and adopting.

2. The draft organic law of Georgia "On the Approval of the Constitution of the Autonomous Republic of Adjara" shall be adopted by the majority of votes of enlisted members.       

3. If Parliament rejects the draft organic law of Georgia “On the Approval of Constitution of the Autonomous Republic of Adjara”, the draft resolution is enforced on the remarks made towards the draft organic law and Constitution of the Autonomous Republic of Adjara". This resolution, within 5 days after the adoption, shall be sent to the Supreme Council of Adjara.

Article 195

1. If the Supreme Council of Autonomous Republic of Adjara fully considers the remarks given in Parliament’s resolution on the remarks expressed towards the “draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and the Constitution of the Autonomous Republic of Adjara", the Supreme Council of Adjara within 1 month after issuing the resolution re-submits to the Parliament the draft organic law of Georgia and the Constitution of the Autonomous Republic of Adjara. The Bureau of the Parliament on the nearest sitting makes decision on putting the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara” in the agenda of issues to be voted at the nearest sitting of the Parliament.

2.  If the Supreme Council of Autonomous Republic of Adjara does not fully consider the remarks given in Parliament’s resolution, the Supreme Council of Adjara approves a draft resolution on nominating 7 members (including 1 member on the position of the Head of the Commission) of the Supreme Council for the membership of Conciliatory Commission. Mentioned resolution of Adjara Supreme Council within the terms specified in paragraph 1 of this Article, is transferred to the Parliament. As a result of consultations with Factions, Majority, Minority, Chair (Speaker) of the Parliament within 1 week submits to the Bureau a draft resolution on the creation of Conciliatory Commission composed of 14 members – 7 members of the Adjara Supreme Council (including 1 member on the position of the Head of the Commission) and 7 MPs (including 1 MP on the position of the Head of the Commission). The Bureau of the Parliament puts this draft resolution in the agenda of the Parliament’s nearest sitting. The draft resolution shall be discussed at the plenary sitting of the parliament and shall be approved according to the rule set forth by this Rules of Procedure.

Article 196

1. In consideration of the Parliament’s resolution on “the remarks expressed towards the “draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara, the Conciliatory Commission within 1 month shall elaborate the agreed texts of the “draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara” and present them to the Parliament. Whilst elaborating the agreed texts, the Conciliatory Commission discuses separately and makes decision on each remark given in the resolution of the Parliament. Conciliatory Commission is not bound by the remarks given in the resolution, at the same time, the agreed texts  on the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara” elaborated by the Conciliatory Commission shall not contradict the basic principles of the Parliament’s resolution on  “the remarks expressed towards the draft organic law of Georgia and Constitution of the Autonomous Republic of Adjara.

2. The Conciliatory Commission acts as a collegial body. The sitting of the commission is authorized if more than half of its members attend the sitting. The commission makes decisions by the majority vote. The sittings of the commission are chaired by the Heads. The chairing order of the commission sittings is decided by the commission. The Heads may chair the sitting jointly if the commission decides so.

3. Members of Adjara Supreme Council and MPs, who are not members of the commission, also representatives of the Government of Georgia can attend the Conciliatory Commission sittings with an advisory vote.

4. The Staff of the Adjara Supreme Council and the Parliament, according to the venue of Conciliatory Commission sitting, carry out organization-technical support.

Article 197

1. In line with Article 196 of this Rules of Procedure, the Bureau of the Parliament transfers agreed texts of the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara presented by Conciliatory Commission to committees, Factions, Majority, Minority, Legal Department of Office of the Parliament and Government of Georgia. Within 1 week, they submit to Parliament conclusions with regard to the agreed texts of the draft organic law of Georgia "On the Approval of the Constitution of the Autonomous Republic of Adjara".” After expiration of this term, the Bureau of the Parliament at the nearest sitting makes decision on putting the draft organic law of Georgia "On the Approval of the Constitution of the Autonomous Republic of Adjara" in the agenda of the Parliament’s nearest plenary sitting.

2. Parliament with one hearing discuses agreed texts of the draft organic law of Georgia "On the Approval of the Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara and adopts resolution by taking the agreed texts as a basis for  the approval of the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara and transfers the texts to the Supreme Council of Adjara". Within 3 days after adoption, the resolution, together with agreed texts elaborated by the Conciliatory Commission on the “draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara, are transferred to Supreme Council. 

3. According to paragraph 2 of this article, within 3 weeks after the receipt of resolution, the Supreme Council of Autonomous Republic of Adjara discuses and puts to vote agreed text of Constitution of Autonomous Republic of Adjara and in case of its adoption submits to Parliament the draft organic law of Georgia "On the Approval of the Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara.

4. The Bureau of the Parliament, according to paragraph 3 of this article, puts submitted draft organic law of Georgia "On Approval of the Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara in the agenda to be voted on the nearest plenary sitting of the Parliament. 

 

Article 198

1. Approved Constitution of the Autonomous Republic of Adjara according to the rule determined by this chapter and the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" adopted by the Parliament, within the terms determined by the Georgian legislation and established rule are sent to President of Georgia.

2. Within 10 days President of Georgia signs and promulgates the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara or returns them to Parliament with motivated comments. 

3. If President of Georgia returns the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" and Constitution of the Autonomous Republic of Adjara, Parliament within 15 days discuses and puts to vote comments of President of Georgia. The same number of votes as determined for adoption of the draft organic law of Georgia is necessary. If Parliament rejects comments of President of Georgia, the first edition of the draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" is put to vote. The draft organic law shall be deemed adopted if it is supported by not less than three-fifth of all enlisted members.

4. If Parliament accepts President’s comments within 5 days it sends to the Supreme Council of Autonomous Republic of Adjara comments presented by President of Georgia. Taking into account President’s comments, the Supreme Council within 15 days discuses and puts to vote the Constitution of the Autonomous Republic of Adjara, which shall be adopted by two-third of all acting PMs. If the Supreme Council of Autonomous Republic of Adjara accepts comments of the President of Georgia, within 5 days the Supreme Council submits to Parliament final editions of the Constitution of the Autonomous Republic of Adjara and draft organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara". The Bureau of the Parliament on the nearest sitting decides on putting the draft organic law in the agenda of to be voted issues. The organic law of Georgia "On the Approval of Constitution of the Autonomous Republic of Adjara" adopted by Parliament within 5 days is sent to President of Georgia. Within 7 days, President of Georgia signs and promulgates the organic law of Georgia "On the Approval of the Constitution of the Autonomous Republic of Adjara".

5. If the Supreme Council of Autonomous Republic of Adjara rejects President’s comments, according to the rule established by this article the Conciliatory Commission shall be created. The rule of operation of the conciliatory commission is determined by articles 196 and 197 of this Rules of Procedure. 

Article 199

1. The draft organic law of Georgia "On the amendments to Constitution of the Autonomous Republic of Adjara" is discussed and adopted according to the rule established by this chapter.

2. The Constitution of Autonomous Republic of Adjara shall be declared invalid according to the rule determined for its adoption. The draft  organic law of Georgia on the approval of “declaring the Constitution of the Autonomous Republic of Adjara invalid is discussed and adopted according to the rule laid down in this chapter.

 

 

PART VII

Parliament’s Relation with President of Georgia, Government of Georgia, Autonomous Republics of Abkhazia and Adjara and Local Self Government Bodies. Electing the officials (consenting the appointment) according to the Constitution of Georgia and other legal Acts.

 

CHAPTER XXXV

Parliament’s Relation with President of Georgia

 

Article 200

As a rule, Parliament in compliance with the Constitution of Georgia, on the first day of spring plenary sessions, hears the annual report of President of Georgia on the most significant state affairs. A break for not more than 2 hours may be declared after President’s speech.  After the break, chairmen of Factions take the floor; duration of speeches is determined by the Bureau of the Parliament, or debates may be held. During the debates, circle of speakers and duration of their speeches is determined according to article 136 of this Rules of Procedure. After debates, a resolution may be adopted.

 

 

CHAPTER XXXVI

 

Parliament’s Relation with the Government of Georgia

Article 201

1. The Parliament is authorized to vote the issue of declaration of confidence to the composition of the Government of Georgia. As soon as the authority of a newly elected Parliament is recognized, the authority of the Government of Georgia is deemed to be withdrawn and the President of Georgia shall authorize the same Government to perform its duties until a new Government is created.

2. Within 5 days after the withdrawal of the authority of the Government of Georgia, the political subject with the best results in the parliamentary election shall submit to the President of Georgia a candidate for the position of the Prime minister, and within 7 days after  the withdrawal of the authority of the Government of Georgia the President shall nominate a candidate for the position of the Prime-Minister proposed by the election subject with the best results in the Parliamentary elections.

3. Within 7 days, the candidate for the position of the Prime-Minister shall nominate the candidates for the positions of Ministers and present the composition of the Government to the Parliament of Georgia for the vote of declaration of confidence. The governmental program shall be submitted together with the composition of the Government.

4. Within 4 days after the candidate for the position of the Prime Minister presents the composition of the Government and the governmental programm, the parliamentary committees and factions, according to their expertise in a particular field, shall consider the governmental programm and the issue of declaration of confidence to the composition of the Government and present their conclusions to the Bureau of the Parliament.

5. Within 5 days after the candidate for the position of the Prime Minister presents the composition of the Government and the governmental programm, the Bureau of the Parliament shall consider the governmental programm and the issue of declaration of confidence to the composition of the Government based on and adopt a conclusion, which shall be submitted to the President of Georgia, candidate for the position of the Prime-Minister and the Parliament.

6. The next day of the sitting of the Bureau, the Parliament shall discuss and vote the issue of declaration of confidence to the composition the Government of Georgia on plenary sitting according to the rule on the first hearing for draft laws set for by the Rules of Procedure.

7. The declaration of confidence of the Parliament shall be granted with support of majority of the members of the Parliament on the current nominal list.

8. In case a composition of the Government does not gain the confidence of the Parliament, within 30 days after presenting the composition of the Government of Georgia to the Parliament, a repeated vote on the issue of declaration of confidence to the initially or revised composition of the Government shall take place. For this purpose, the President of Georgia appoints the date of consultations with election subjects and factions and meets with relevant authorized persons.

9. If a candidate for the position of the Prime-Minister is not presented or the Parliament does not grant the declaration of confidence to a composition of the Government in compliance with the rule and timeframe prescribed by paragraph 8 of this article, within 5 days from expiration of this time no less than two-fifth of the enlisted members of the Parliament shall nominate a candidate for the position of the Prime Minister to the President, who will present the candidate for the position of the Prime Minister nominated by at least two-fifth of the enlisted members of the parliament within 7 days from the expiration of the same timeframe. If two candidates are nominated by different compositions of members of the Parliament, the President shall nominate the candidate nominated by more members of the Parliament, and in case the candidates are nominated by equal number of members of the Parliament, the President shall nominate one of the candidates.

10. In the case prescribed by paragraph 9 of this article, selection of members of the Government and granting of declaration of confidence to the composition of the Government shall be carried out according to the procedure provided by paragraphs 3-7 of this article. If the Parliament fails to grant the declaration of confidence to the composition of the Government, the President of Georgia shall dissolve the Parliament and appoint an extraordinary-elections within 3 days.

11. The President of Georgia shall appoint the Prime-Minister within 2 days after granting the declaration of confidence to the composition of Government, and the Prime-Minister shall appoint other members of the Government within 2 days. If the President fails to issue the administrative-legal act on appointment of the Prime-Minister within this timeframe, he/she shall be deemed appointed.

12.  If the composition of Government is presented during the parliamentary holidays or a non-session week, an extraordinarysession or an extraordinary sitting shall be convened as provided by this Rules of Procedure.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 202

1. In case of termination of the authority of the Government of Georgia, the majority and if such majority is not formed yet, the parliamentary faction in which the most MPs are included, nominate the candidate of Prime-Minister. The President of Georgia shall, within 7 days after the termination of the Government’s authority, submit candidate of Prime- Minister to the Parliament.

2. Selection and granting of vote of confidence to the members of the Government of Georgia shall be carried out according to the procedure provided by the paragraphs 3-11 of article 201.

3. In case of the circumstances provided by paragraph 1 of this article, the President of Georgia shall impose the obligations to the same composition of Government till formation of new Government.

Article 203

1. The Parliament shall be entitled to declare no-confidence to the Government. The Majority, the Minority, Faction, which is united neither in majority nor in the minority, a group of 6 MPs shall be entitled to raise a question of no-confidence. Not less than two-fifth of all enlisted members shall support this initiative and address the Bureau of the Parliament with a request of raising the question of no-confidence. Not earlier than 20 days and no later than 25 days from addressing the Bureau with a request on raising the issue of declaring no-confidence, the Parliament considers and votes the draft resolution on raising the question of declaring no-confidence to the Government of Georgia. The resolution shall be deemed as adopted if more than half of the enlisted MPs support it.

2. If the Parliament fails to make the decision on raising of question of no-confidence, appealing to the Parliament on raising of the question of no-confidence by the same members of the Parliament, within 6 months from the voting, shall not be admitted.

3. After raising the issue on declaring the no-confidence, not less than two-fifth of enlisted members nominates a candidate of Prime-Minister. The Parliament shall, not earlier than 20 days and no later than 25 days after commencement of discussion of no-confidence, vote to submission of the candidate of the Prime –Minister nominated by at least two-fifth of the enlisted MPs to the President. If 2 candidates are nominated according to the rules established by this paragraph, both of them shall be put to vote. A candidate of Prime-Minister shall be submitted to the President if voted by more than half of the enlisted MPs. Failing to nominate a candidate of Prime-Minister, according to the procedure established by this paragraph, shall be deemed as termination of declaring no-confidence procedure.

4. The President shall be authorized, within 5 days after submission of the candidate of Prime-Minister, to nominate a candidate of Prime-Minister or to refuse from nominating. If the President nominates the candidate submitted by the Parliament, confidence shall be declared to new composition of the Government according to the procedure provided by the paragraphs 3-7 of article 201.

5. If President refuses nomination of the candidate of Prime-Minister presented to him by the Parliament in the case provided by the paragraph 4 of this article, the Parliament shall be authorized to vote for submission of the same candidate of Prime-Minister to the President no earlier than 15 and no later than 20 days after submission of the candidate. If submission is supported by three-fifth of the enlisted MPs, the President shall be obligated to nominate the candidate of Prime-Minister submitted to him within 3 days. Declaring confidence to new composition of the Government shall be carried out according to paragraphs 3-7 of Article 201.

6. Declaration of confidence by the Parliament to the new composition of the Government according to the procedure prescribed by paragraphs 4 or 5 of this article shall be deemed as declaration of no-confidence to the government, causing dissolution of its authorities. Appointment of new Prime-Minister and Government shall be carried out according to paragraph 11 of article 201.

7. In case of declaring no-confidence by the Parliament to the new composition of the Government according to the procedure prescribed by paragraphs 4 or 5 of this article, the President shall be authorized to dismiss the Parliament and appoint an extraordinary election within 3 days.

 

Article 204

1. In case the composition of the Government granted the declaration of confidence by the Parliament, is renewed by one-third of its composition, but at least by 5 members, the President of Georgia shall present the composition of the Government to the Parliament for voting for the declaration of confidence within 1 week.

2. The Parliament shall vote for the declaration of confidence to the Government of Georgia according to the Constitution of Georgia and this Rules of Procedures.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 205

1. Once in a year in a very first week of plenary sittings of autumn session the Prime Minister has to report to Parliament on the process of implementation of the governmental program.

2. The Parliament has the right to demand from the Prime Minister to present an extra report on the process of implementation of the governmental program. The Parliament makes a decision on the demand of presenting an extra report from the Prime Minster based on the request of a committee or faction by the majority of votes of the present MPs, but no less than one-fourth of the MPs, which is written down in the protocol of the sitting and immediately sent to the addressee.

3. The Prime Minister presents the relevant report to Parliament within 15 days of the receipt of the demand.

 

Article 206

1. On the basis of the request of a committee or a faction and by the majority of votes of MPs at the plenary sitting, but no less than one-fifth of all enlisted MPs, Parliament is authorized to make a decision on inviting a Member of the Government of Georgia to the plenary sitting, on the issue to be discussed and the date of its consideration at the plenary sitting, which is written down in the protocol of the sitting and immediately sent to the addressee.

2. The report of a Member of Government at the plenary sitting of the Parliament shall be discussed according to the rule established for the Government Hour.

3. After hearing the report and information of the Member of Government, the Parliament may adopt a decree or resolution.

4. In case of such request, a Member of Government shall attend the sitting of a committee, investigative or other temporary commission, answer questions asked at the plenary sitting of the Parliament and present a written report on the performed work.

5. The written request is sent to the Member of Government 10 days before the plenary sitting. The committee, the investigative or other temporary commission shall make a decision on sending the request by the majority of votes of the enlisted MPs.

6. The Parliament is authorized to request presentation of an information from the Chief Prosecutor of Georgia according to the rule prescribed in this article.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 207

1. The Member of Government immediately upon his request shall be heard by Parliament, Committee, Investigative or other temporary Commission.

2. The Member of Government is obliged to submit in a written form the issues he wants to appeal to the Parliament to the Chair (Speaker) of the Parliament not later than 3 days before addressing these issues to the Parliament. The Chair (Speaker) of the Parliament through Organizational department ensures urgent distribution of the written submission to the Factions, the Majority and the minority and also independent PMs.

3. The submission of the Member of the Government on the plenary sitting shall not exceed 20 minutes. If necessary, it can be prolonged by the Chair of the sitting for 10 minutes.

6. After the submission of the Member of the Government, MPs may ask him questions concerning only the preliminary submitted issues. Time estimated for each question shall not exceed 2 minutes. Not more than a minute can be added for clarification of the question. The Member of Government answers the questions all together.

7. After the questions are answered, according to the article 136 of this Rules of Procedure, the political debates may be held.

 

Article 208

1. The Parliament shall be authorized to raise the issue of professional liability of a certain member of the Government before the Prime-Minister by the majority of the total number of the members of the Parliament.

2. A faction and a group of 6 MPs have the right to raise the issue of professional liability of a certain member of the Government. The request in a written manner should be addressed to the Chair of plenary sittings of the Parliament. The Chair shall immediately start relevant procedures. Parliament makes the decision to vote for the issue by the majority of presented members, but not less than one-third of the total number of the members of the Parliament. If the decision is supported, then the case will be immediately put for vote.

3. In case Parliament fails to approve the decision, raising the issue of professional liability of the same member of the Government within 3 months after voting, shall not be admitted.

 

 

 

 

CHAPTER XXXVII

Parliament’s Relations with the Autonomous Republics of Abkhazia and Adjara, Bodies of Local Self-Government

 

Article 209

1. The Parliament by nomination of the Government of Georgia, approves with resolution the status of self-governing unit area or combination of unit areas, makes decision on establishing a local self-governing unit, also revision of the administrative borders of the self-government.

2. The Parliament is authorized to look into the activities of the bodies of local self-government and government, request the information on the activities in the financial-budgetary, farming, social, cultural-educational and law enforcement fields as well as in maintenance of public order and protection of the constitutional rights of the citizens of Georgia.

3. Within 1 month of the demand the local self-government and government bodies have to submit to Parliament the information on their activities. Based on the presented information a report (with relevant suggestions) is drawn up, which might be discussed by Parliament.

    

Article 210     

1. The President of Georgia submits to Parliament the decision on the termination of activities or the dismissal of local self-government or other representative bodies of territorial units.

2. The Bureau of the Parliament transfers the submission articulated in paragraph 1 of this article to the leading committee, other committees, factions, majority and minority, they discuss the submission in no later than 10 days and present conclusions to the Bureau to include the issue on the agenda of nearest plenary sitting. 

3. Parliament adopts its decree regarding the decision of the President of Georgia.

 

 

Article 211

1. The President of Georgia based on the recommendation of the Government of Georgia appeals to the Parliament for approval of suspension or dismissal of the Supreme Council of the Autonomous Republic of Adjara.

2. The appeal referred to in paragraph 1 of this article shall be considered according to the rule established in paragraph 2 of article 201 of this Rules of Procedures.

3. The Parliament shall make decision concerning the appeal of the president with its decree.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 212

1. In order to coordinate the legislative processes of the Parliament, Supreme Councils of Autonomous Republics of Adjara and Abkhazia, Chair (Speaker) of the Parliament shall issue an order on establishment of a joint coordination council composed of representatives of the Parliament and Supreme Councils of Adjara and Abkhazia.

2. Joint Coordination Council consists of the 3 members appointed by Chair (Speaker) of the Parliament and 3 members appointed by the Chairmen of the Supreme Council of the Autonomous Republics. 

3. The sitting of the Coordination Council without a voting right is chaired by Chair (Speaker) of the Parliament, or one of his/her Deputy.

4. The sitting of the Coordination Council shall be held at least one in 3 months.

 

 

Chapter XXXVIII

Election (giving consent to appoint) of State position-holders that are included in the Constitution of Georgia and other legal acts.

 

Article 213

1. The Parliament elects the members of the supreme body of the National Bank of Georgia – the Council for a 7-year term, based on the proposal of the President of Georgia and by the majority of votes of enlisted MPs,

2. A member of the Council of the National Bank of Georgia may resign, if s/he submits an application requesting so to the Chair (Speaker) of the Parliament pin a written manner at least 2 months prior to the date of quitting. The member shall be deemed resigned after the date indicated in the written application.

The Rules of Procedures of the Parliament of Georgia #4075, July 31, 2015 – website, 31.07.2015.

The Rules of Procedures of the Parliament of Georgia #452, March 10, 2015 – website, 22.03.2017

 

 

Article 214

1. Based on the proposal of the Chair of the Parliament and by the majority of votes of enlisted members, Parliament elects Auditor General for a 5-year term. Same candidate for the position can be proposed only twice.

2. In case Auditor General resigns, Parliament is given a notice which is included in the minutes of the plenary sitting. Auditor general is deemed resigned after the date of submission of the relevant application to Parliament.

 

Article 215

1. The Parliament elects the Public Defender by the majority of votes of all the MPs for a 5-year term. The candidate for the position of the Public Defender may be submitted by a faction or groups of at least six MPs who are not members of any factions.

2. Before voting, Chair of the plenary sitting presents to the Parliament the list of candidates and their written consent to be elected to the position of the Public Defender of Georgia. Each candidate shall be put to vote separately.

3. A candidate who receives more votes, but no less than the majority of all enlisted MPs, shall be considered elected.

4. If more than one candidate receives enough number of votes, but the winner cannot be revealed because of the equal number of the votes received, these candidates shall be put to vote together. A candidate who receives more votes, but at least the majority of votes of all the MPs, shall be considered elected. If the votes divide equally again, the procedure shall continue until the winner is revealed.

5. If none of the candidates receive the necessary number of votes, new elections shall be held no earlier than the 7 and no later than the 14 days after the vote.

6. In one cycle of elections, the same candidate can be nominated twice.

7. In case the authority of the Public Defender is terminated, his/her authority shall be considered as such right after recognition of this fact.  A relevant notification should be sent to the Parliament immediately.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 2151

 

1. A candidate for the position of the Member of the Board of the Trustees of the Public Broadcaster shall be selected through open competition.

2. 30 days before termination of term of a Trustee or within 10 days after termination of his/her authority, Chair (Speaker) of the Parliament shall issue an order, defining the time for submission of applications from the candidates for the position of a Trustee  that is not more than 15 days, on opening of a competition.

3. No later than 10 days after opening a competition, a selection commission with 9 members shall be established by the decree of the Parliament. After consultations with the parliamentary majority, MPs who are not members of the majority, the Supreme Council of the Autonomous Republic of Adjara and the Public Defender of Georgia, the Chair (Speaker) of the Parliament shall present candidates for the position of s Selection Commission to the Parliament for approval. Representatives of civil society and academia shall be members of a Selection Commission. A Selection Commission shall be headed by a chair elected by the commission. A Selection Commission shall develop a statute that defines criteria for evaluation of candidates for the position of a Trustee and concept papers on development of the Public Broadcaster by candidate(s) and shall be approved by the Bureau of the Parliament.

4. The Parliament of Georgia shall approve a selection committee by the majority of votes of enlisted MPs.

5. Everyone has right to propose a candidate for the position of a Trustee. Next day, after expiration of time for submission of an application by candidates for the position of a Trustee, list of candidates shall be published on the Parliament’s official website.

6. Within 10 days after expiration of time for submission of applications of candidates for the position of a Trustee, Selection Commission shall select candidates in two stages. On the first stage, candidates shall be selected according to the qualification requirements indicated in the Georgian Law on Broadcasting. Additional criteria of selection shall be defined by the statute Selection Commission. On the second stage, candidates shall be selected based on discussion of concept papers for the development of the Public Broadcaster presented by them and interviews.  Upon finalization of selection process, Commission shall present at least three times more number of candidates than should be selected to the  Parliamentary majority (if there is no Parliamentary majority, to the Parliamentary Factions), MPs who are not members of the Parliamentary majority, the Public Defender of Georgia and Supreme Council of the Autonomous Republic of Adjara for approval.

7. Selection Commission is responsible to organize public discussion of the candidates’ concept papers for development of the Public Broadcaster. A candidate should submit his/her concept paper for development of the Public Broadcaster to the Selection Commission that shall be published. Also, a candidate should participate in public debates which shall be held prior to voting by the Parliament and aired by the Public Broadcaster.

8. Among the candidates selected by Selection Commission, the Public Defender of Georgia shall present two candidates, the Parliamentary majority (if there is no Parliamentary majority, by the Parliamentary Factions) – three candidates, at least one-fourth of MPs who are not members of the Parliamentary majority – three candidates and the Supreme Council of the Autonomous Republic of Adjara - one candidate to the Parliament for approval. The mentioned entities shall choose and present their candidates in the following order: first - the Public Defender of Georgia, then - the Supreme Council of the Autonomous Republic of Adjara, then - MPs who are not members of the Parliamentary majority, and finally - the Parliamentary majority (if there is no Parliamentary majority, by the Parliamentary Factions). Decision to present candidates chosen by the Public Defender of Georgia shall be signed by the Public Defender of Georgia. Decision to present candidates chosen by the Parliamentary majority shall be signed by the chairmen of the Parliamentary factions composing the majority. Decision to present candidates chosen by MPs who are not members of the Parliamentary majority shall be signed by MPs who supported the candidates. An MP has the right to sign only one the decision on presenting a candidate. Decision to present candidate chosen by the Supreme Council of the Autonomous Republic of Adjara shall be signed by the head of the Supreme Council of the Autonomous Republic of Adjara.

9. If there is no Parliamentary majority in the Parliament of Georgia, the right to present 6 candidates for the position of a Trustee of the Public Broadcaster shall be distributed among Parliamentary factions proportionally to the number of MPs united therein. The first faction to present a candidate is the one with the least number of MPs, then other factions present candidates according to their number of MPs, starting with the lowest number of MPs and ending with the highest.

10. In case authority of a Trustee who was nominated by the Parliamentary majority (or in case there was no majority, by the Parliamentary factions) is terminated and at the time of vacancy announcement there is no majority in Parliament of Georgia, the entity to present a new candidate shall be determined according to the number of votes given to the former candidate resigned. In this case, rules set in paragraph 8 of this article shall be apply.

11. Within 3 days after selection of candidates for the position of a Trustee, the entities provided by paragraph 8 of this article shall present candidates to the Parliament of Georgia.

12. Within 10 working days after selection of candidates by a Selection Commission, with the majority of enlisted MPS, the Parliament of Georgia separately votes for candidates presented by the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Adjara, Parliamentary majority (if there is no Parliamentary majority, Parliamentary factions) and of at least one-fourth of MPs who are not members of the Parliamentary majority (if there is no Parliamentary majority, Parliamentary factions). If there are more than one vacancies that should be selected from quotas of the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Adjara, Parliamentary majority and MPs who are not members of the Parliamentary majority, candidates shall be selected in the following order: first a candidate presented by the Public Defender, then a candidate presented by the Supreme Council of the Autonomous Republic of Adjara, MPs who are not members of the Parliamentary majority and lastly a candidate presented by the Parliamentary majority.

13. In case a candidate for the position of a Trustee  does not receive enough votes for selection, the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Adjara, the Parliamentary majority (if there is no Parliamentary majority, Parliamentary factions), and at least one-fourth of the MPs who are not members of the Parliamentary majority (if there is no Parliamentary majority, Parliamentary factions) shall present new candidates within 10 days present new candidates to the Parliament.

14. The entities entitled to present candidates for the position of a Trustee can nominate three candidates out of those selected by the Selection Commission may present the same candidate twice.

15. If none of the candidates gets enough votes to be elected, the one who gets the majority of votes but no less than one-third of votes of all enlisted MPs, shall be considered elected. The candidate who gets the majority of votes will be elected from the quotas of the Public Defender of Georgia, the Supreme Council of the Autonomous Republic of Adjara, the Parliamentary majority (if there is no Parliamentary majority, Parliamentary factions), and at least one-fourth of the MPs who are not members of the Parliamentary majority. 

13. If none of the candidates gets one-third of votes of all enlisted MPs and the Board of Trustees of the Public Broadcaster is not staffed with 9 members, new selection for the vacancies shall be announced.

Rules of Procedure of the Parliament of Georgia N 675, May 31, 2013 – website, 11.06.2013.

Rules of Procedure of the Parliament of Georgia N 1629, November 20, 31, 2013 – website, 22.11.2013.

Article 215​2

1. The Parliament of Georgia shall elect members of the Georgian Communication Commission within 2 weeks after the President presents candidates for these positions. If the discussion on the candidates coincides fully or partially with parliamentary holidays, the process of election of a member of the Commission shall be launched or continue immediately upon commencement of the next session or special session which shall be convened based on the decision of the Chair (Speaker) of the Parliament.

2. A candidate for the vacant position of the member of the Commission shall be elected if he/she receives more votes than other candidates but at least half of all enlisted MPs. If candidates receive the same number of votes, the candidates with the best results shall be voted immediately and the candidate who receives the most number of votes shall be elected.

3. If none of candidates for the vacant position of the member of the Commission receives half of votes of all enlisted MPs, the procedure of selection of the Member of the Commission prescribed by the Law of Georgia on Broadcasting shall commence once again and, within 50 days, the President shall present to the Parliament new candidates who shall be selected based on article 9 of the aforementioned law. In this case the candidate for the vacant position of the Member of the Commission shall be considered elected if he/she receives the majority votes of MPs present on the plenary session, but at least one-third of total composition.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 215​3

1. The Parliament of Georgia shall elect members of the Georgian National Energy and Water Supply Regulatory Commission within 2 weeks after the President presents candidates for these positions. If the discussion on the candidates coincides fully or partially with parliamentary holidays, the process of election of a member of the Commission shall be launched or continue immediately upon commencement of the next session or special session which shall be convened based on the decision of the Chair (Speaker) of the Parliament.

2. The Parliament shall elect members of the Commission with the majority vote of enlisted MPs.

3. A member of the Commission shall be elected for a 6-year term. A member of the Commission may be reelected for a 6-year term. In case a position of a member of the Commission becomes vacant before expiration of term, the Parliament shall elect a new member of the Commission for the remaining terms according to paragraphs 1 and 2 of this article.

4. In case a member of the Commission violates the requirements of the Law of Georgia on Conflict of Interest and Corruption in Public Institutions and/or failure perform his/her duties for a period of 4 consecutive months, the Parliament shall make a decision on dismissal of this member of the Commission with the majority votes of enlisted MPs, according to procedures prescribed in paragraph 1 of this article.

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 215​4

Within 14 days after the Prime-Minister of Georgia presents candidates for the position of the Personal Data Protection Inspector, the Parliament shall elect the Personal Data Protection Inspector for a 3-year term. In case term of the Personal Data Protection Inspector expires between parliamentary sessions, the timeframe prescribed for election of the Personal Data Protection Inspector in this paragraph shall be extended for the relevant time. Each candidate shall be voted separately. The candidate who receives the majority votes but at least one-third of full composition of the Parliament shall be elected.

The Rules of Procedures of the Parliament of Georgia #2638, August 1, 2014 – website, 12.08.2014.

 

Article  215​5. (Deleted)

The Rules of Procedures of the Parliament of Georgia #2638, August 1, 2014 – website, 12.08.2014.

The Rules of Procedures of the Parliament of Georgia #348, March 1, 2017 – website, 16.03.2017.

 

Article 215​6

1.  The Parliament of Georgia appoints a Head of the State Security Service of Georgia for 6-year term.

2. Within 2 weeks after the Government of Georgia presents a candidate for the position of the Head of the State Security Service of Georgia, the Parliament shall consider the candidate according to this Rules of Procedures and appoint him/her with support of the majority of full composition of the Parliament in accordance with a rule established by This Rules of Procedures by a secret ballot. In case a secret ballot is not held within the mentioned timeframe and the last day of the timeframe coincides with the day when a plenary sitting shall not be held, a ballot shall be held on the next plenary sitting.

3. One candidate can be presented to the Parliament only twice.

The Rules of Procedures of the Parliament of Georgia #4008, July 10, 2015 – website, 15.07.2015.

 

 

Article 216

1. For a ten-year term, Parliament elects three members of the Constitutional Court of Georgia by more than a half of enlisted members.

2. The Chair (Speaker) of the Parliament, a faction, a group of 6 MPs have the right to nominate a candidate for the membership of the Constitutional Court of Georgia.

3. Before the vote the Chair of the plenary sitting presents to the Parliament the list of the candidates and their written consent to be elected as a member of the Constitutional Court of Georgia. Each candidate is put to the vote separately.

4. The same candidate can be nominated twice for the election on the position of the member of the Constitutional Court.

5. A candidate who receives more than a half of the votes of all enlisted members, is considered elected.

6. If 3 candidates were participating in the elections and if any of them did not receive the necessary number of votes, the Chair (Speaker) of the Parliament, the faction, the group of ten MPs is authorized to nominate the same candidate 10 days after the vote.

7. If the first vote is held on the last day of the Parliament’s session or it is impossible to elect a candidate in the time remained, a new voting is held at the very first sitting of the next session.

8. If more than 3 candidates were participating in the elections and the necessary number of judges were not elected, a new vote is held. In this case those candidates, who received more votes than others in the first round, are put to the vote.

 

Article 217

1. Based on the proposal of the President of Georgia, for a ten-year term, Parliament elects separately the Chief Justice and judges of the Supreme Court Georgia by the majority of votes of enlisted MPs.

2. After the candidates for the positions of the Chief Justice and judges of the Supreme Court of Georgia are nominated and considered by corresponding committees, the Bureau of the Parliament shall present these candidates to the Parliament.

3. The corresponding committees draft conclusions according to the rule concerning other state-political officials provided by article 46 of this Rules of Procedure.

4. If the candidates nominated for the position of the Chief Justice do not receive the necessary number of votes determined by the Constitution of Georgia and this Rules of Procedure, a new candidate shall be proposed to the Parliament.

5. The same candidate can be nominated twice for election on the position of a judge of the Supreme Court of Georgia.

6. Upon the submission of the High Council of Justice, based on Article 43 of the Organic Law of Georgia on Common Courts, the Parliament is authorized to terminate powers of a judge of the Supreme Court of Georgia before his/her term expires. The Parliament adopts the decision on termination of powers of a judge of the Supreme Court by the majority of votes of enlisted MPs.

Rules of Procedure of the Parliament of Georgia N 194, December 28, 2012 – website, 29.12.2012

 

Article 218

1. The Human Rights and Civil Integration Committee of the Parliament shall elect one of its members who will participate in the work of local council(s) of the Ministry of Corrections (further – local council) through open voting with the majority vote of enlisted members.

2. Each member of the Human Rights and Civil Integration Committee may nominate one candidate.

3. In case only one candidate is nominated and cannot be elected, new elections shall be held. In case 2 or more candidates are nominated and none received required number of votes, elections shall be held according to paragraphs 3-8 of article 39 of this Rules of procedures.

4. The Human Rights and Civil Integration Committee shall notify the Bureau of the Parliament concerning the decision.

5. A member of the Human Rights and Civil Integration Committee who is elected to participate in the work of local councils shall rotate annually. A month before the term of an MP elected according to this article expires, the Human Rights and Civil Integration Committee shall initiate an election procedure of a new member.

The Rules of Procedures of the Parliament of Georgia #3019, February 4, 2015 – website, 12.02.2015.

The Rules of Procedures of the Parliament of Georgia #34456, October 28, 2015 – website, 04.11.2015.

 

Article 218​1

1. The Prime Minister of Georgia shall present to the Parliament 8 candidates for 5 vacant positions of the Council Member of the Legal Entity of Public Law - National Statistics Office of Georgia – Geostat (further Geostat), and in case vacant positions are less than 5,  at least one more candidates than the total number of vacant positions.

[1. The Prime Minister of Georgia shall present to the Parliament 8 candidates for 5 vacant positions of the Council Member of the Legal Entity of Public Law - National Statistics Office of Georgia – Geostat (further Geostat) out of persons selected through competition, and in case vacant positions are less than 5, at least one more candidates than the total number of vacant positions. (Enters into force from 1 January 2018)]

2. Within 21 days after the candidates are presented and in case the candidates were presented during parliamentary holidays, within 2 weeks from commencement of a parliamentary session, the Parliament shall give approval on appointment of the Council Members of Geostat through secret ballot.

3. A candidate presented for the vacant position of the Council Member of Geostat shall be deemed elected if s/he receives majority votes of MPs present at the plenary sitting but not less than one-third of the full composition of the Parliament.

4. In case more than one candidate receives enough number of votes as prescribed by paragraph 3 of this article, it shall be deemed that the number of candidates with the best results equivalent to vacant positions are approved.

5. In case the number of candidates with best results identified according to paragraph 4 of this article is more than vacant positions due to equal number of votes, these candidates shall be voted again and the winner(s) shall be revealed with proportional majority of vote.

6. In case any candidate for the vacant position is not approved, the Prime Minister of Georgia shall present new candidates to the Parliament within 21 days and approval shall be given according to the rule prescribed by this article.

[6. In case any candidate for the vacant position is not approved, the Prime Minister of Georgia shall present to the Parliament new candidates out of persons selected through competition within 21 days and approval shall be given according to the rule prescribed by this article. In other cases, a new competition shall be announced. The candidates selected through new competition shall be approved according to the rule prescribed in this article. (Enters into force from 1 January 2018)]

The Rules of Procedures of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

The Rules of Procedures of the Parliament of Georgia #4589, December 10, 2015   – website, 16.12.2015.

 

Article 219

1. The Parliament elects 5 members of the High Council of Justice and 2 members of the Disciplinary Collegium of Judges of the Common Courts through competition and secret ballot. The Parliament shall elect new members of the High Council of Justice and Disciplinary Collegium no earlier than 30 days before expiration of the term of the existing members of the corresponding bodies and no later than 7 days after expiration of the term; if powers of the existing members are terminated before termination of the authority, new members shall be elected no later than a month from termination of the authority. If these timeframes partially or completely coincide with the periods between Parliamentary sessions, time limits for election prescribed by this paragraph shall be prolonged accordingly.

2. Candidates for the position of a member of the High Council of Justice and Disciplinary Collegium of Judges of the Common Courts are selected from professors and academic researchers employed in the higher education institutions of Georgia, members of Georgian Bar Association and/or nominees of nonprofit legal entities of Georgia based on a recommendation of the supervising collegial body of the corresponding organization. Each abovementioned organization is authorized to propose no more than 3 candidates for the position of a member of the High Council of Justice and 1 candidate for the membership of the Disciplinary Collegium of Judges of the Common Courts according to the rules and timeframe prescribed by paragraph 6 of this article.  A member of the Parliament, judge or prosecutor cannot be nominated as a candidate.

3. Nonprofit legal entity mentioned in paragraph 2 of this article is authorized to nominate a candidate for the position of a member of the High Council of Justice of Georgia, if the field of activities of the entity included acting as a representative authority in the court proceedings for the last two years before the competition. 

4. The Parliament may elect as a member of the High Council of Justice of Georgia a Georgian citizen who has a higher legal education with a master’s or equal academic degree/higher education diploma, at least 10 years of working experience in the legal specialty, excellent reputation and who is a recognized specialist in the field of law. A candidate’s prior written consent shall be required for his/her election to the High Council of Justice of Georgia, and as a member of the Disciplinary Collegium of Judges of the Common Courts of Georgia a Georgian citizen who has a higher legal education, at least 10 years of working experience in the legal specialty, excellent reputation and who is a recognized specialist in the field of law.

5. A nomination of a candidate shall be accompanied with the following documents: a letter of recommendation, curriculum vitae of a candidate, a copy of identity card or passport, copies of the diploma of a higher educational degree in law and proof of a 10-year working experience, a list of published papers on legal issues (in case of existence of such works), written consent of a candidate and in case the nominating entity is a nonprofit legal entity, proof of the requirements prescribed in paragraph 3 of this article.

6. Candidates mentioned in paragraph 2 of this article shall be presented to the Parliament:

a)      Not earlier than 60 days before the term of an existing member of the High Council of Justice / Disciplinary Collegium of Judges of the Common Courts expires, and no later than the 40 days after this term expires;

b)      Within 10 days from the termination of powers, in case the power of an existing member of the High Council of Justice / Disciplinary Collegium of Judges of the Common is terminated before the term expiration.

7. Deadlines for the nomination of candidates shall be published on the website of the Parliament by the Chair (speaker) of the Parliament.

8. Documents submitted to Parliament shall be immediately transferred to the Legal Issues Committee which shall consider their compliance with the requirements prescribed in paragraphs 2-5 of this article within:

a)      10 days, in cases prescribed by paragraph 6.a of this article;

b)      Within 4 days, in cases prescribed by paragraph 6.b of this article.

9. After consideration provided in paragraph 8 of this article, the Legal Issues Committee shall submit the list of candidates nominated by the entities provided by paragraph 2 of this article and meeting the requirements prescribed by this article, together with the relevant documentation to the Bureau of the Parliament. The Bureau of the Parliament shall immediately transfer the list and attached documentation to Factions.

10. Factions are entitled to discuss the nominated candidates within:

c)      Within 2 weeks, in cases prescribed by paragraph 6.a of this article after submission of the list of candidates to the Bureau of the Parliament;

d)     Within 1week in cases prescribed by paragraph 6.b of this article after submission of the list of candidates to the Bureau of the Parliament;

11. After the timeframe appointed for factions to consider the list and documentation expires, the   Parliament shall initiate voting for electing members of the High Council of Justice and Disciplinary Collegium of Judges of the Common Courts at the nearest plenary sitting without any discussion. Candidates shall be voted for separately. Order of voting shall follow the alphabetical order of surnames of candidates. Before commencement of voting, a representative of the Legal Issues Committee shall present the data about the candidates to Parliament.

12. Parliamentary elections of members of the High Council of Justice may be conducted in 3 rounds if necessary. Members shall be elected by the majority votes of all MPs, according to the rule set forth in paragraphs 13 and 15 of this article.

13. In the first round of voting, candidates supported by the majority of full composition of MPs shall be deemed elected. If number of such candidates is more than available vacancies, the relevant number of candidates with the best results shall be deemed elected. If candidates cannot be identified due to the equal number of votes, these candidates shall be voted once again and the candidate with the best result shall be deemed elected.

14. In case all vacancies are not filled during the first round, the 2nd round shall be held on the same day or at the nearest plenary sitting and candidates with the majority of votes shall be voted again; the number of candidates presented to the second vote shall not be more than twice the number of vacancies left open. If the number of candidates exceeds this number due to the equal number of votes, each of these candidates shall be voted. The candidate who receives votes in line with the rule prescribed by paragraph 13 of this article shall be deemed elected.

15. In case all vacancies are not filled again during the 2nd round, the 3rd round of voting shall be held after two days. Candidates with the best results after the 2nd round shall be put to vote. Candidates shall be elected according to the rule prescribed in paragraph 14 of this article.

16. In case all vacancies are not filled after all three rounds, new elections shall be held within 70 according to the rule set forth in this article. In this case, The Chair (Speaker) of the Parliament shall define and publish timeframes for nomination of candidates on the website provided the following requirements are observed: the timeframe shall not be less than 14 days and the Legal Issue Committee and factions shall consider the nominated candidates within the timeframes set in paragraphs 8.a and 10.a of this article.

17. Parliamentary elections of members of the Disciplinary Collegium of Judges of the Common Courts of Georgia may be conducted in 2 rounds if necessary. Members of the Disciplinary Collegium shall be elected by the majority of the composition of all MPs, according to the rule set forth in paragraphs 18 and 19 of this article.

18. If in the 1st round, the number of candidates supported by the majority of votes of the composition of all MPs exceeds the number of available vacancies, corresponding number of candidates with the best results shall be deemed elected. If candidates cannot be chosen due to the equal number of votes, these candidates shall be put to vote once again. The candidate receiving majority of votes shall be deemed elected.

19. In case all vacancies are not filled during the first round, the 2nd round shall be held on the same day or at the nearest plenary sitting and candidates with the majority of votes shall be voted again. The number of candidates put to the 2nd voting shall not be more than twice the number of the available vacancies. If the number of candidates exceeds the number mentioned above due to the equal amount of votes, all these candidates shall be put to vote. Candidates shall be identified according to the rule set in paragraph 17 and 18 of this Article.

20. In case all vacancies are not filled after 2 rounds, new elections shall be held within 70 according to the rule set forth in this article. In this case, The Chair (Speaker) of the Parliament shall define and publish timeframes for nomination of candidates on the website provided the following requirements are observed: the timeframe shall not be less than 14 days and the Legal Issue Committee and factions shall consider the nominated candidates within the timeframes set in paragraphs 8.a and 10.a of this article.

Rules of Procedure of the Parliament of Georgia N528, April 5, 2013 – website, 12.04.2013.

Rules of Procedure of the Parliament of Georgia N1688, November 29, 2013 – website, 10.12.2013.

Article  219​1

1. 4 members of the Prosecutorial Council, out of which 2 shall be MPs, shall be elected according to the rule prescribed by the Law of Georgia on Prosecutor’s Office and this article.  

2. 1 member of the Prosecutorial Council shall be elected by majority out of its composition, and 1 member shall be elected out of MPs who are not members of the majority by MPs who are not part of the majority based on the rules established by them with majority vote. An MP shall be deemed elected if, s/he receives more than half vote of, respectively, the majority or MPs who are not member of the majority.

3. In case the majority is not formed yet, the Parliament shall elect 2 members of the Prosecutorial Council out of MPs with majority vote of its full composition. Each faction and MPs’ groups consisting from 6 members are entitled to present a candidate for the position of the member of the Prosecutorial Council. Candidates for the position of the member of the Prosecutorial Council shall be presented to the Bureau of the Parliament no later than 15 days before the term of a member of the Prosecutorial Council expires, and no later 15 days from the termination of the term, in case the term of a member is terminated before its expiration. The Bureau of the Parliament shall include the issue of election of a member of the Prosecutorial Council in the agenda of a plenary sitting. If after two rounds of election prescribed by this article, there is a vacant position, a new election shall be held within a month according to the rule prescribed by this paragraph. In such case, candidates for the position of a member of the Prosecutorial Council shall be presented to the Bureau within 2 weeks.

4. The Parliament shall elect to members of the Prosecutorial Council through competition. Candidates for the position of member of the Prosecutorial Council shall be selected from professors and academic researchers employed in the higher education institutions of Georgia, members of Georgian Bar Association and/or nominees of nonprofit legal entities of Georgia based on a recommendation of the supervising collegial body of the corresponding organization. The field of activities of the aforementioned non-profit legal entity should have included acting as a representative authority in the court proceedings for the last two years before the competition. Each aforementioned entity is entitled to present no more than 3 candidates for the position of a member of the Prosecutorial Council. It is not allowed to present a MP, a judge or a prosecutor for the position of a member of the Prosecutorial Council.

5. In cases provided by paragraph 4 of this article, the Parliament may elect as a member of the Prosecutorial Council a Georgian citizen who has a higher legal education with a master’s or equal academic degree/higher education diploma, at least 10 years of working experience in the legal specialty, excellent reputation and who is a recognized specialist in the field of law. A candidate’s prior written consent shall be required for his/her election to the High Council of Justice of Georgia, and as a member of the Disciplinary Collegium of Judges of the Common Courts of Georgia a Georgian citizen who has a higher legal education, at least 10 years of working experience in the legal specialty, excellent reputation and who is a recognized specialist in the field of law. A candidate for the position of a member of the Prosecutorial Council shall give written consent in advance.

6. In cases provided by paragraph 4 of this article, a nomination of a candidate shall be accompanied with the following documents: a letter of recommendation, curriculum vitae of a candidate, a copy of identity card or passport, copies of the diploma of a higher educational degree in law and proof of a 10-year working experience, a list of published papers on legal issues (in case of existence of such works), written consent of a candidate and in case the nominating entity is a nonprofit legal entity, proof of the requirements prescribed in paragraph 4 of this article.

7. In cases prescribed by paragraphs 2-4 of this article, a new member of the Prosecutorial Council shall be elected no earlier than 30 days before the term of a member expires and not later than 7 days after expiration of the term, and in case the term is terminated before expiration – not later than 1 month after termination of the term. In case the timeframes prescribed for the selection of a member of the Prosecutorial Council fully or partially coincide with the period between the parliamentary sessions, the selection process shall, if necessary, commence or continue during the next session or before the next session, on a special session.

8. In cases prescribed by paragraph 4 of this article:

a) A candidate for the position of a member of the Prosecutorial Council shall be presented to the Parliament:

a.a) not earlier than 6 days and not later than 40 days before their term of a member of the Prosecutorial Council expires;

a.b) not later than 10 days from termination of the authority, if authority is terminated before term expires.

b) The Chair (Speaker) of the Parliament shall publish the time-limit for nomination of candidates for the position of a member of the Prosecutorial Council;

c) The documents submitted to the Parliament shall be immediately transferred to the Legal Issues Committee that shall complete review of these documents to check compliance with the requirements of paragraphs 4-6 of this article, within:

c.a) 10 days from expiration of timeframe for presenting candidates, in cases prescribed by subparagraph “a.a” of this paragraph;

c.b) 4 days from expiration of timeframe for presenting candidates, in cases prescribed by subparagraph “a.b” of this paragraph;

d) After consideration of documents as provided in subparagraph “c” of this article, the Legal Issues Committee shall submit the list of candidates for the position of a member of the Prosecutorial Council who meet the requirements prescribed by this article, together with the relevant documentation to the Bureau of the Parliament. The Bureau of the Parliament shall immediately transfer the list of candidates for the position of a member of the Prosecutorial Council and attached documentation to Factions;

e) Factions are entitled to discuss the candidates for the position of a member of the Prosecutorial Council within:

e.a) Within 2 weeks, in cases prescribed by subparagraph “a.a” of this paragraph after submission of the list of candidates for the position of a member of the Prosecutorial Council to the Bureau of the Parliament;

e.b) Within 1 weeks, in cases prescribed by subparagraph “a.b” of this paragraph after submission of the list of candidates for the position of a member of the Prosecutorial Council to the Bureau of the Parliament;

f). After the timeframe appointed for factions to consider issue of election of member of the Prosecutorial Council expires, the Bureau of the Parliament shall include in the agenda of the nearest plenary sitting. Before voting, a representative of the Legal Issues Committee shall present data on presented candidates to the Parliament.

9. In cases provided by paragraphs 3 and 4 of this article:

a) The Parliament shall hold voting for election of candidates for the position of a member of the Prosecutorial Council without discussion at plenary sitting. Each candidate for the position of a member of the Prosecutorial Council shall be voted separately. The order of voting shall follow the alphabetical order of surnames of candidates;

b) In the first round of voting, candidates supported by the majority of full composition of MPs shall be deemed elected. If number of such candidates is more than available vacancies, the relevant number of candidates with the best results shall be deemed elected. If an elected candidate cannot be identified due to the equal number of votes, these candidates shall be voted once again and the candidate with the best result shall be deemed elected.

c)  in case all vacancies are not filled during the first round, the 2nd round of voting shall be held on the same day or at the nearest plenary sitting and candidates with most votes shall be voted again. The number of candidates put to the 2nd voting shall not be more than twice the number of all available vacancies. If the number of candidates exceeds the number mentioned above due to the equal number of votes, all these candidates shall be put to vote. Candidates shall be identified according to the rule set in subparagraph “b” of this paragraph;

d) In case number of candidates does not exceed the number of available vacant positions and all vacant positions are not filled in, 2nd round of voting shall not be held.

10. In case provided by paragraph 4 of this article, all vacancies are not filled in according to paragraph 9 of this article, new elections shall be held within 70 days according to the rule set forth in this article. In this case, the Chair (Speaker) of the Parliament shall define and publish timeframes for nomination of candidates for the position of a member of the Prosecutorial Council on the website provided the following requirements are observed: the timeframe shall not be less than 14 days and the Legal Issue Committee and factions shall consider the nominated candidates within the timeframes set in subparagraphs “c.a” and e.a of paragraph 8 of this article.

Rules of Procedure of the Parliament of Georgia N 4335, October 16, 2015- website, 16.10.2015.

 

Article 219​2

1. Within 3 weeks from presenting a candidate, the Parliament shall elect the Chief Prosecutor of Georgia for 6-year term by the majority of full composition of MPs, with secret ballot. If the timeframe established for election of the Chief Prosecutor of Georgia with the period between parliamentary sessions, the election process, if necessary, shall commence or continue immediately after commencement of a next new session or before commencement of a next session, at a special session.

2. After a relevant parliamentary committee considers a candidate for the position of a Chief Prosecutor, the Bureau of the Parliament shall present to the Parliament this candidate, a conclusion of the mentioned committee and accompanying documents.

3. A relevant committee of the Parliament shall prepare a conclusion on a candidate for the position of the Chief Prosecutor of Georgia according to article 46 of this Rules of Procedures.

4. If a candidate for the position of the Chief Prosecutor of Georgia shall not receive enough number of votes for election, a new candidate shall be presented to the Parliament according to paragraphs 1-4 of article 91 of the Law of Georgia on Prosecutor’s Office.

5. A person shall not be elected on the position of the Chief Prosecutor of Georgia twice.

Rules of Procedure of the Parliament of Georgia N 4335, October 16, 2015 - website, 16.10.2015.

 

Article 220

Before Parliament discusses the issue of giving a vote of confidence to Government of Georgia, electing, appointing, confirming, consenting the appointment and dismissal, dismissing and removing the officials as provided in the Constitution / legislation of Georgia, relevant committee discusses candidates within a week after their nomination (presentation). The Bureau of the Parliament may assign the duty of discussing candidates to other committee (committees) as well. Relevant committee (other committee) after considering the candidates draws a conclusion according to the rule set forth in Article 46 of this Rules of Procedure and presents it to the Bureau of the Parliament. The Bureau of the Parliament prepares a conclusion based on the abovementioned conclusion and submits it to President and Parliament.

 

 

PART VIII

CONTROLLING FUNCTIONS OF THE PARLIAMENT

Chapter XXXIX

Controlling Forms of the Parliament

 

Article 221

1. An MP is authorized to address with a question and receive an answer from a body accountable to Parliament, the Government of Georgia, a Member of Government, head of an executive body of a territorial unit of any level and state establishments. The question can be put only in a written form. Each body and official that was addressed with a question should submit a written answer to the Parliament within 15 from receiving the question. In agreement with the author of the question the term given to a respective official for answering the question can be prolonged for 10 days.

2. A group of ten MPs, a faction have a right to address with an inquiry a body accountable to the Parliament, the Government of Georgia, and a Member of the Government. They should answer this inquiry at the plenary sitting of the Parliament. The inquiries shall be answered on the last Thursday of each month’s plenary sitting during the Government Hour. An inquiry can be written or oral. The answer on the inquiry is submitted to Parliament in a written form.

3. Only the subjects and heads of relevant bodies listed in this article shall sign the answers.

4. A public official may not answer a question and an inquiry only when the information contains state or military secret.

5. An MP, a group of ten MPs, a faction can withdraw their questions or inquiries any time.

Rules of Procedure of the Parliament of Georgia N1400, October 2, 2013- website, 08.10.2013.

 

Article222

1. An oral inquiry can be put at the plenary sitting of the Parliament, but no later than 14 days before the Government Hour. A written inquiry can be submitted not later than 10 days before the Government Hour.

2. A written inquiry is submitted to Office of the Parliament, which records it in a special book and gives out a certificate on the reception of a written inquiry.

3. Within 4 days Office of the Parliament elaborates an oral inquiry in writing and the author confirms it by his/her signature, after which Staff records the inquiry in a special book and give out a certificate on its reception.

4. Office of the Parliament passes a written inquiry and an oral inquiry elaborated in writing to the addressee not later than 1 day.

5. The term of answering an inquiry can be prolonged to the next Government Hour by the agreement between the author and the addressee of the inquiry

6. An inquiry, which was not answered in the term and according to the rule established by this article, is put automatically at the nearest Government Hour.

Article 223

1. In agreement with a respective official, the Chair of the sitting determines the time for answering an inquiry at the plenary sitting of the Parliament.

2. For making clear separate issues an MP can address a reporter once for not more than 3 minutes. After the final speech of the reporter, there are not more speeches on the issue.

Article 224

The issues heard during the Government Hour can become the subject of the Parliamentary discussion, with the purpose of which a special group, composed of no less than one representative of each initiator of the issues, can be created for preparing a draft decision.

Article 225

The plenary sitting of the Parliament, Bureau and committee are authorized, with the aim of discussing important topic and preparation of due decision draft, to appoint presenter or group of presenters, which itself selects the main presenter, from MPs. The presenter prepares plan and schedule of the topic study and defines the specialists to take part in the study, leads the study of the topic, is responsible for processing and preparation of draft decision. The presenter, appointed by the plenary sitting of the parliament, is authorized to request and receive any information from administrative body (including confidential) and explanation on any topic. The presenter will present the draft decision to Parliament, Bureau or committee for consideration.

 

Article 226

Committees of the Parliament, investigative and other temporary commissions, within their competencies, based on hearing, control and investigation regarding the revealed facts of violation of Constitution and laws, shall elaborate and send due recommendations to Government of Georgia and other bodies of executive Government. Their discussion results or measures taken will be notified to parliament no later 1 month or according to the date set in advance.

Chapter XL

Controlling the Activities of the Officials of the Bodies Accountable and Responsible to

Parliament, Termination of their Powers, Removal from the Positions, Resignation and Dismissal

Article 227

1. In conformity with the rules envisaged by the Constitution of Georgia and other legislative acts and by-laws, the Parliament controls the activities of the State Audit Office.

2. During presentation of preliminary and final reports on implementation of the State Budget, the State Audit Office shall present a statement on the report of the Government of Georgia twice a year, and once in a year, not later than June 1 of the next year – the report on its own activities. The Parliament shall make a relevant resolution after discussing the report.

3. While developing plans of its activities, the State Audit Office takes into consideration the suggestions of the committees, investigative and other temporary commissions.

4. The State Audit Office is authorized, and in case of the demand – obliged, to provide the materials of revision and checking to the relevant committee and temporary investigative commissions.

5. Based on the request of the Parliament and a temporary investigative commissions the State Audit Office shall carry out unplanned revision and checking.

6. A temporary commission created by the decision of the Parliament carries out financial audit of the State Audit Office (paragraphs f.a, f.c and f.d of article 2 of the Law of Georgia on the State Audit Office) in line with international standard. The abovementioned commission shall be created no later than 1 March of according to the rules set by this Rules of Procedure.

The Rules of Procedures of the Parliament of Georgia #2785, November 13, 2014 – website, 20.11.2014.

 

Article 228

1. In conformity with the rules envisaged by the Constitution of Georgia, other legislative acts and by-laws the Parliament controls the activities of the National Bank of Georgia and high-ranking officials of the National Bank of Georgia.

2. Before the start of a new fiscal year, no later than October 1, the National Bank of Georgia shall submit a draft of the main directions of monetary policy for the next three years.

3. As a general rule, the Budget and Finance Committee or/and committees with economics profile, review a draft of the main directions of monetary policy and prepare due conclusions. The committee is authorized, if necessary, to request necessary information from the National Bank of Georgia, the Government of Georgia, ministries of Georgia, other entities, as well as other establishments of the executive branch.

4. The Parliament shall discuss draft of the main directions of monetary policy according to the rule for the first hearing as prescribed by this Rules of Procedure.

5. The Parliament approves the main directions of monetary policy with its decree before the end of current year.

6. Every year, within 4 months of the end of a fiscal year, the National Bank of Georgia shall submit to the Parliament the report on implementation of the monetary-credit, currency and supervisory policy. The Parliament approves this report with its decree.

7. In case the report of the National Bank of Georgia is not approved, the Parliament shall make a decision on measures for improving the work of the National Bank, give recommendations on elimination of revealed shortcomings to the National Bank or raise the issue of responsibility of a relevant official.

8. During a fiscal year, the Parliament is authorized to request by perforce the National Bank of Georgia the information on the progress of implementation of the Parliament’s decree on the main directions of the monetary policy. The National Bank is obliged to present the information at the plenary sitting of the Parliament in the term given by the Parliament.

9. To carry out an external audit of the reports of the National Bank of Georgia, after completion of an audit and not later than 1 October, the Budget and Finance Committee shall submit to the Parliament a list of the world’s four largest auditing firms, and the Parliament shall select one auditing firm (external auditor). A contract shall be signed with the auditing firm for a period of at least two but not to exceed four years. Costs for external audits of the reports of the National Bank of Georgia shall be covered by the National Bank of Georgia.

10. To select an auditing firm by the Parliament, the Chair (Speaker) of the Parliament shall include the recommendation of the Budget and Finance Committee in the agenda of the nearest Bureau of the Parliament. The Bureau of the Parliament shall transfer the issue to the Budget and Finance Committee to define the selection form of auditing firm (tender/competition), composition of tender/competition commission and timeframes of tender/competition. Budget and Finance Committee shall consider these issues within 2 weeks.

11. If the Budget and Finance Committee considers reasonable that selection of an auditing firm should be made on the basis of a tender, it shall submit the relevant decision together with a draft decree to the Bureau of the Parliament. The Bureau of the Parliament shall include this issue in the agenda of the plenary sitting. The Parliament shall approve composition of a tender commission with its decree. Tender conditions, requirements, rules and statute of a tender commission shall be approved by the Bureau of the Parliament based on recommendation of the Budget and Finance Committee.

12. If the Budget and Finance Committee considers reasonable that selection of an auditing firm should be made on the basis of a competition, it shall submit the relevant decision together with a draft decree to the Bureau of the Parliament. Draft decree should provide composition of a competition commission (not more than 9 members), issues related to elaboration and approval of  a commission statute, activities that should be implemented on behalf of the Parliament and timeframe for presenting to the Parliament an auditing firm identified by a competition.

The Rules of Procedures of the Parliament of Georgia #2796, November 27, 2014 – website, 02.12.2014.

The Rules of Procedures of the Parliament of Georgia #4075, July 17, 2015 – website, 31.07.2015

The Rules of Procedures of the Parliament of Georgia #452, March 10, 2017– website, 22.03.2017.

 

Article 2281

1. The Government of Georgia shall submit draft recommendations concerning Georgia prepared by the Universal Periodic Review (UPR) Working Group of the United Nations (UN) Human Rights Council in the framework of UN UPR process within a week after submission of this recommendations to the Government of Georgia.

2. The Government of Georgia shall submit final recommendations concerning Georgia prepared by the Universal Periodic Review (UPR) Working Group of the United Nations (UN) Human Rights Council in the framework of UN UPR process within a week after official submission of this recommendations to the Government of Georgia.

3. The Government of Georgia shall submit to the Parliament of Georgia an interim draft report on implementation of recommendations committed during UN UPR process (in case it exists) at least 2 months prior to submission of this report to UN Human Rights Council.

4. The Government of Georgia shall submit to the Parliament of Georgia final draft report on the status of human rights protection in Georgia for UN UPR process at least 2 months prior to submission of this report to UN Human Rights Council.

5. The Parliament shall consider documents referred to in paragraphs 1-4 of this article according to the rule prescribed in paragraphs 1-5 and 8-10 of article 238 of this Rules of Procedure.

6. The documents referred to in this article shall be considered at a plenary sitting based on request of a leading committee or the Bureau of the Parliament (with the majority of votes of present at the sitting of the Bureau).

7. When discussing the documents referred to in paragraphs 1-4 of this article at a plenary sitting, the Parliament shall adopt a decree. 

The Rules of Procedures of the Parliament of Georgia #5574, June 24, 2016– website, 05.07.2016.

 

Article 2282

1. Within the timeframe established by the UN respective committee, the Government of Georgia shall submit to the Parliament a draft report on implementation of a founding treaty of the same committee not later than 2 months prior to submission of a report to this committee.

2. The Parliament of Georgia shall hear an information prepared by the Government of Georgia on implementation of recommendations issued by the UN supervisory bodies, if requested by the Parliament.

3. Not later than April 1, every year the Government of Georgia shall submit to the Parliament report on status of implementation of decisions of the relevant UN commissions concerning individual petitions against Georgia.

4. The Parliament shall consider documents referred to in this article according to the rule prescribed by paragraphs 1-5 and 8-10 of article 238 of this Rules of Procedure.

5. The documents referred to in this article shall be considered at a plenary sitting based on request of a leading committee or the Bureau of the Parliament (with the majority of votes of present at the sitting of the Bureau).

6. When discussing the documents referred to in paragraphs 1-3 of this article at a plenary sitting, the Parliament shall adopt a decree. 

The Rules of Procedures of the Parliament of Georgia #5574, June 24, 2016– website, 05.07.2016.

 

Article 2283

1. Once a year, not later than April 1, the Government of Georgia shall submit to the Parliament:

a) A report on enforcement of decisions/judgments of the European Court of Human Rights regarding the cases concerning which the Council of Europe (CoE) Committee of Ministers adopted final resolution previous year;

b) An action plan on enforcement of decisions/judgments of the European Court of Human Rights concerning ongoing cases, as well as decisions and interim resolutions of the CoE Committee of Ministers concerning these cases (if available).

2. The Parliament shall consider documents referred to in this article according to the rule prescribed by paragraphs 1-5 and 8-10 of article 238 of this Rules of Procedure.

3. For the purposes of preparation of the issues referred to in this article for the committee hearing, a leading committee shall study opinion and evaluation of an interested individual(s) concerning status of enforcement of decisions/judgments of the European Court of Human Rights.

4. The documents referred to in this article shall be considered at a plenary sitting based on request of a leading committee or the Bureau of the Parliament (with the majority of votes of present at the sitting of the Bureau).

5. When discussing the documents referred to in paragraph 1 of this article at a plenary sitting, the Parliament shall adopt a decree. 

The Rules of Procedure of the Parliament of Georgia #5574, June 24, 2016– website, 05.07.2016.

 

Article 229

1. The Public Defender of Georgia presents a report on the state of the protection of human rights and freedoms in the country once in a year, in March of a calendar year, also a special report once in a year; the Parliament of Georgia shall adopt a decree or a resolution based on discussion of these documents. A decree of the Parliament should include evaluation of a report on the state of the protection of human rights and freedoms in the country submitted by the Public Defender of Georgia, as well as recommendations from the Parliament and their implementation monitoring timeframes. 

1​1. A relevant parliamentary committee shall present to the Bureau of the Parliament information on implementation of a decree referred to in paragraph 1 of this article. Based on the decision of the Bureau of the parliament, this information shall be submitted to the plenary sitting that is entitled to act according to a rule prescribed by paragraph 6 of article 236 of this Rules of Procedure or acknowledge this information.

2. If Public Defender is not able to carry out her/his duties during 4 consecutive months or occupies the position that is incompatible with the status of Public Defender or conduct incompatible activities, her/his authorities shall be terminated by the resolution adopted by the majority of full composition of MPs.

The Rules of Procedures of the Parliament of Georgia #5574, June 24, 2016– website, 05.07.2016.

Article 2291

1. Parliament is authorized to give vote of no-confidence to the board of Public Broadcaster, in cases stipulated by the Law of Broadcasting.

2. No less than one-third of enlisted members is eligible to raise the issue on giving vote of no-confidence to the board of Public Broadcaster. The decision on vote of no-confidence shall be considered accepted if no less than three-fifths of enlisted members votes for it. In case of non-existence of support of at least three-fifths of enlisted members, it is unacceptable to raise the issue on giving vote of no-confidence for the following 1 year.

 3. No less than one-fifths of enlisted members is eligible to raise issue of terminating the authorities of the board member, in case s/he violates conflict of interest rule according to the Law on Broadcasting, fails to perform her/his duties, for unjustifiable reasons, for 2 consecutive months or cannot execute her/his duties as board member for more than 3 months in a year.

4. Parliament takes as a note the information about termination of authorities of the board member, according to the sub-paragraphs ‘e’ and ‘f’, 1st paragraph, Article 27 of the Law of Georgia on Broadcasting.

5. Authorities of board member are terminated prematurely according to the 3rd paragraph of this article, by resolution of the Parliament that is adopted at plenary sitting with majority of the attendants, but no less than one-third of enlisted members.

6. Parliament discusses and votes for the issue on pre-term termination of the authority of the board member after 30 calendar days since the submitting of request on premature termination of authorities of Public Broadcaster board member, if the term coincides with the period between the sessions – in 10 days period since beginning of the next session.

7. Raising issue on pre-term termination of authorities of Public Broadcaster board member twice based on the same fact is inadmissible.

Rules of Procedure of the Parliament of Georgia, May 31, 2013 # 675 – web-page on 11.06.2-13.

 

Article 2292

1. If a judgment of conviction sanctioning imprisonment or restriction of liberty for a limited or unlimited period entered into force against a member of National Communication Commission of Georgia, or if s/he is declared missing by a court, or is recognized as a recipient of support services, unless otherwise stated in the court decision, or this member of the Commission resigns or dies, the Parliament shall make a decision on his/her dismissal within a month from the moment the referred conditions occurred.

2. When conditions prescribed by paragraph 1 of this article occur, article 9 on pre-term termination of the power of MPs of this Rules of Procedures shall be applicable. A member of the Commission shall be deemed dismissed if the relevant decision is supported by the more than a half of MPs present at a plenary sitting. 

3. At least one-third of all enlisted MPs can initiate procedure for dismissal of a member of the Commission in case:

a) Provisions on conflict of interest specified by the Law of Georgia on Broadcasting are violated;

b) A member of the Commission does not carry out her/his duties during 4 consecutive days or more than 2 months in a year without a valid reason.

4. MPs who initiate the procedure should prove with documentary evidence the basis for dismissal of a member of the Commission. 

5. Within 30 days from collecting signatures of MPs, the Parliament shall include the issue concerning termination of powers of a member of the Commission in the agenda of a plenary sitting. 

6. Within 30 days from including in the agenda, the Parliament shall vote for dismissal of a member of the Commission. The decision on dismissal shall be made by consent of three-fifth of all enlisted MPs of the Parliament.

7. In case the number of votes are less than required or the Parliament does not hold voting within timeframe specified in paragraph 6 of this article, the procedure of dismissal of a member of the Commission shall be terminated.

8. It is not allowed to initiate dismissal procedure of a member of the Commission based on the same facts twice.

 Rules of Procedure of the Parliament of Georgia N1688, November 29, 2013 – website, 10.12.2013.

 Rules of Procedure of the Parliament of Georgia N3404, March 20, 2015 – website, 31.03.2015.

 

Article 2293

1. The Personal Data Protection Inspector presents a report on the state of personal data protection in the country and activities implemented by Personal Data Protection Inspector once in a year, no later than 1 March. The Parliament shall discuss the report by the Personal Data Protection Inspector according to the rule prescribed by article 238 of this Rules of Procedures.

2. If the Personal Data Protection Inspector is not able to carry out her/his duties during 4 consecutive months or occupies the position that is incompatible with the status of occupy the position or conducts incompatible activities, based on an initiative of the Parliament or a recommendation of the Prime minister of Georgia, her/his authorities shall be terminated by a decision of the Parliament adopted by the majority of full composition of the Parliament.

3. The Personal Data Protection Inspector is inviolable. It is not permitted to prosecute, detain or arrest him/her, search of his/her apartment, car, working space or personal search without a consent of the Parliament. Apprehending him/her at the place of crime committing a crime is an exemption. In case the Parliament does not grant consent, detained or arrested Personal Data Protection Inspector shall be released immediately.  The Chief Prosecutor of Georgia shall initiate a proposal on carrying out investigation activities. Within 5 days the Procedural Issues and Rules Committee shall study and consider the reasonability of this initiative; a written conclusion of the Procedural Issues and Rules Committee shall be presented to the Bureau of the Parliament. The Bureau of the Parliament shall include this issue for discussion in the nearest plenary sitting of the Parliament. After discussion, a decision is made by a decree. In case Personal Data Protection Inspector was apprehended at the place of crime committing a crime during the period between parliamentary sessions, the issue shall be considered according to rule established by paragraph 2 of article 61 of the Constitution.

4. In case the Parliament approves motion on detention or arrest of the Personal Data Protection Inspector, his/her powers shall be suspended based on the consent of the Parliament until the decision on ceasing the criminal case or the decision of court enters into force.

Rules of Procedure of the Parliament of Georgia N 638, April 21, 2017- website, 26.04.2017.

 

Article 2294 (deleted)

The Rules of Procedures of the Parliament of Georgia #2638, August 1, 2014 – website, 12.08.2014.

 Rules of Procedure of the Parliament of Georgia N3404, March 20, 2015 – website, 31.03.2015.

 The Rules of Procedures of the Parliament of Georgia #348, March 1, 2017 – website, 16.03.2017.

 

Article 2295

1. Once in a year, no later than 1 March, a director of the Legal Entity of Public Law – Legal Aid Service (further LAS) presents a report on activities implemented by LAS during the previous year.

2. It is mandatory to discuss a report on LAS activities on a plenary sitting. The Parliament shall consider this report according to the rule prescribed by paragraphs 5-9 of article 238 of this Rules of Procedure. After hearing a report on LAS, the Parliament shall approve the report or request LAS to address specific shortcomings and/or improve activities.

3. The Parliament is empowered to decide on pre-term termination of powers of LAS Director after considering a report on LAS activities, as well as based on appeal of at least one-third of LAS Board Members or information received from other source, if the Parliament concludes that the grounds for pre-term termination of powers of LAS Director provided in subparagraphs “d” and “e” of paragraph 7 of article 13 of the Law of Georgia on Legal Aid exist.

4. In case, during discussion of a report on LAS activities it was revealed that there are grounds for pre-term termination of powers of LAS Director provided in subparagraphs “d” and “e” of paragraph 7 of article 13 of the Law of Georgia on Legal Aid, at least one-fifth of enlisted MPs is entitled to raise an issue of pre-term termination of LAS Director. The Parliament shall discuss the issue of pre-term termination of powers of LAS Director at the nearest plenary sitting.

5. An appeal of at least one-third of LAS Board Members on pre-term termination of powers of LAS Director or other information specified in paragraph 3 of this article shall be submitted to the Chair (Speaker) of the Parliament in writing who will present appeal/information to the Bureau at the nearest sitting. The Bureau of the Parliament shall decide which committee shall discuss pre-term termination of powers of LAS Director and timeframe for discussion. The identified committee shall discuss this issue and present a justified conclusion to the Bureau of the Parliament. The latter shall include this issue in the agenda of the nearest plenary sitting. If during discussion at the plenary sitting, the Parliament considers that the grounds for pre-term termination of powers of LAS Director provided in subparagraphs “d” and “e” of paragraph 7 of article 13 of the Law of Georgia on Legal Aid exist, a decree on pre-term termination of powers of LAS director shall be adopted.

Rules of Procedure of the Parliament #3019, February 4, 2015 – web-site, 12.02.2015

 

Article 229​6

1. Once a year, no later than 15 April, the Head of the State Security Service or her/his deputy shall present to the Parliament a report on activities of the State Security Service implemented during last year. The Parliament shall consider this report according to the rule prescribed by paragraphs 5-9 of article 238 of this Rules of Procedure.

2. Head of State Security Service is entitled and, in case requested, is obliged to attend sittings of the Parliament, parliamentary committees and commissions, respond the questions asked during these sittings and present report on implemented activities. S/he shall submit a report on implemented activities within 2 weeks from requesting presenting this report.

3. After considering a report on implemented activities of the State Security Service, the Parliament shall evaluate the performance of the Service with its decree. This decree may include recommendations and proposals on addressing specific shortcomings and/or improving performance of the Service.

4. After considering a report on implemented activities of the State Security Service, at least one-third of enlisted MPs may raise an issue on pre-term termination of powers of the Head of State Security Service, if adoption of such decision is deemed inevitable after discussion of a report. In this case, authors of initiative should specify the grounds for raising the aforementioned issue. The Parliaments shall discuss and vote for termination of powers of Head of Service at the nearest plenary sitting, but not earlier than 2 days after the issue was raised. The decision shall be made through secret ballot with support of majority of the full composition of the Parliament.

5. In case the Government of Georgia suspends powers of a Head of the State Security Service and submits an ordinance of the Government to the Parliament on appealing pre-term termination of powers of a Head of State Security Service, within 2 weeks, based on conclusion of the Defence and Security Committee, the Parliament shall consider the issue on pre-term termination of powers of a Head of Service according to the rule provided in this Rules of Procedure. Decision on pre-term termination of powers of a Head of Service shall be made through secret ballot with majority of votes of the full composition of the Parliament. In case voting is not held within the prescribed timeframe and the last day of this timeframe coincides with a day when plenary sitting is not held, voting shall be held at the nearest plenary sitting. In case the Parliament does not make a decision on pre-term termination of powers of a Head of Service, the relevant ordinance of the Government of Georgia shall be deemed annulled.

6. In case there are grounds provided by subparagraphs “b” and “e” of paragraph 1 of article 10 of the Law of Georgia on State Security Service of Georgia, based on the conclusion of the Defence and Security Committee, within 2 weeks from submitting this conclusion, the Parliament is entitled to discuss the issue of pre-term termination of powers of a Head of the Service according to the rule provided in this Rules of Procedure and make a decision on pre-term termination of powers of a Head of the Service through secret ballot with support of majority of the full composition of the Parliament. In case voting is not held within the prescribed timeframe and the last day of this timeframe coincides with a day when plenary sitting is not held, voting shall be held at the nearest plenary sitting.

7. In case there are grounds provided by subparagraphs “a”, “c”, “d”, “f” and “h” of paragraph 1 of article 10 of the Law of Georgia on State Security Service of Georgia, within 1 week after such fact was revealed or relevant information received, the Procedural Issues and Rules Committee shall study its authenticity according to paragraphs 4-7 of article 9 of this Rules of Procedure and present a conclusion to the nearest plenary sitting. The Parliament shall acknowledge this conclusion that is attested in the minutes of the plenary sitting. The powers of a Head of the Service shall be terminated before expiration of his/her term from the moment of acknowledgement of the information by the Parliament.

8. If the Parliament does not adopt a decision on pre-term termination of powers of a Head of the Service in cases referred to in paragraphs 4-6 of this article, it is not allowed to raise the issue of pre-term termination of powers on the same grounds for the next 6 months.

Rules of Procedure of the Parliament of Georgia #4008, July 10, 2015 – web-site 15.07.2015.   

Rules of Procedure of the Parliament of Georgia #348, March 1, 2017 – web-site 16.03.2017.   

 

 

Article 229​7

1. In cases provided by subparagraphs “b” and “d” of paragraph 1 of article 93 of the Law of Georgia on the Prosecutor’s Office, the powers of the Chief Prosecutor of Georgia shall be terminated before termination of his/her term by a decision of the Parliament adopted with the majority of vote of the full composition of the Parliament. 

2. In case there is a sufficient ground for doubt that the Chief Prosecutor of Georgia committed a crime, at least one-third of the Parliament is entitled to apply to the Prosecutorial Council with a motion concerning appointment of ad hoc prosecutor. The motion should specify the specific charge, essence of the charge, relevant justification and be accompanied with available materials.

3. In case the Prosecutorial Council applies to the Parliament with a submission on dismissal of the Chief Prosecutor of Georgia that is accompanied with relevant conclusion and other necessary, within 2 weeks of this application, relevant committees of the Parliament shall discuss this submission and present their conclusion to the Bureau of the Parliament. The latter shall include the issue of pre-term termination of powers of the Chief Prosecutor of Georgia in the agenda of the nearest plenary sitting. The decision on pre-term termination of powers of the Chief Prosecutor shall be deemed adopted if it is supported by the majority of the full composition of the Parliament.

4. If the timeframe specified in paragraph 3 of this article commences during the break between sessions or the process indicated therein could not be finished during the ongoing parliamentary session, a special session shall be convened for deciding on pre-term termination of powers of the Chief Prosecutor.

5. If the Parliament does not make a decision on pre-term termination of powers of the Chief Prosecutor, this issue shall be dismissed from the agenda of the Parliament.

6. In case the Chief Prosecutor commits a disciplinary offence, decision on his/her pre-term termination shall be made by the Prosecutorial Council and the Parliament according to the sequence and rule provided by the Law of Georgia on the Prosecutor’s Office and this article with an exception that in such case ad hoc prosecutor shall be appointed.

Rules of Procedure of the Parliament of Georgia N4335, October 16, 2015 - website, 16.10.2015.

 

Article 230

The officials elected, appointed or confirmed by Parliament, and officials appointed with Parliament’s consent, if required shall attend the sittings of the Parliament, committees, investigative and other temporary commissions, the Majority, the Minority. They must present relevant documents, conclusions, other materials, and provide explanations relating to the matters under consideration within an established timeframe. Parliament, committee or commission hears to this person immediately after the request.

 

Article 231

1. At least one-third of the full composition of the Members of the Parliament can raise the issue of impeachment of the President of Georgia, the Chief Justice of Georgia, a member of the Government of Georgia, Auditor General and a member of the Council of the National Bank of Georgia.

2. The motion on impeachment should specify the specific charge, essence of the charge, relevant justification and be accompanied with available materials.

3. Persons initiating impeachment for dismissal of an official shall submit to the Constitutional Court of Georgia a written request on dismissing an official through impeachment proposal – constitutional appeal – within 15 days after this initiation.

4. If the Constitutional Court confirms the violation of the Constitution by and the existence of signs composing a crime in the activities of the public officials listed in paragraph 1 of this article, within 15 days after adoption of the conclusion, the Parliament shall discuss the Court’s conclusion at the plenary sitting and vote for dismissal of a person through impeachment procedure. The sitting may be closed to the public by a decision of the Parliament.

5. The Parliament may invite public officials listed in paragraph 1 of this article whose impeachment is being considered to participate in the consideration of the conclusion. If it is impossible for a public official to attend, an authorized representative shall attend the hearing.

Rules of Procedure of the Parliament of Georgia N 1688, November 29, 2013 – website, 10.12.2013.

 

Article 232

1. When a conclusion of the Constitutional Court of Georgia on actions of officials listed in paragraph 1 of article 231 of this Rules of Procedure is submitted to the Parliament, relevant information shall be transferred immediately, but not later than 3 hours, to the Chair (Speaker) of the Parliament, initiators of impeachment process, factions and independent MPs.

2.  If the Constitutional Court confirms the violation of the Constitution by and the existence of signs composing a crime in the activities of the public officials listed in paragraph 1 of this article and ordinary or special sessions are ongoing when the Court’s conclusion is submitted to the Parliament, the Parliament shall adopt a decree on considering the conclusion and schedule of voting.

3. If the Constitutional Court confirms the violation of the Constitution by and the existence of signs composing a crime in the activities of the public officials listed in paragraph 1 of this article and neither ordinary nor special session is ongoing, the Chair (speaker) of the Parliament shall submit a request on convening a special session to the President of Georgia no later than 24 hours from receiving the conclusion.

 Rules of Procedure of the Parliament of Georgia N 1688, November 29, 2013 – website, 10.12.2013.

 

Article 233

1. The President shall be dismissed from his/her office through impeachment if at less than two-thirds of the full composition of the Parliament support the decision.

2. the Chief Justice of Georgia, a member of the Government of Georgia, Auditor General and a member of the Council of the National Bank of Georgia shall be dismissed from his/her office through impeachment if  majority of the full composition of the Parliament support the decision.

3. The issue of impeachment of public officials referred to in this article shall be decided through secret ballot.

4. The decision of the Parliament shall be notified to respective person immediately.

5. If the Parliament adopts the decision on the pre-term termination of powers of the President of Georgia, within 45 days of the adoption of this decision according to the Organic Law of Georgia - Election Code of Georgia, extraordinary elections are held; the Parliament shall ensure organization of this election.

Rules of Procedure of the Parliament of Georgia N 1688, November 29, 2013 – website, 10.12.2013.

 

Article 234

1. The Parliament shall not discuss or make a decision concerning the charges against the President of Georgia during a state of emergency and martial law.  In such case the Parliament shall commence/continue discussion on charges against the President of Georgia after a state of emergency or martial law ends at the first sitting of the nearest session (ordinary or extraordinary).

2. If a public official whose impeachment was initiated, resigned or was dismissed, the impeachment procedure shall be terminated.

3. If in its conclusion, the Constitutional Court of Georgia attests neither violation of the Constitution by a public official referred to in article 231 of this Rules of Procedure or existence of signs of a crime in his/her activity, the impeachment procedure against this person shall be terminated.

4. If the Parliament does not make a decision on the impeachment of a public official within the timeframe defined in paragraph 4 of article 231 of this Rules of Procedure or this decision was not supported by the number of MPs as specified in the Constitution, this issue shall be dismissed and it shall be inadmissible to present the same charge against this public official.

Rules of Procedure of the Parliament of Georgia N 1688, November 29, 2013 – website, 10.12.2013.

 

 

CHAPTER XLI

 

Control over the Implementation of the Normative Acts Adopted by Parliament and the Executive

Article 235

Parliament controls the compliance of normative acts of Government of Georgia, Minister, other entities of executive government entities with Georgian legislation, and the state of their fulfillment. Learns and analyses the state of enforcement of these normative acts, their efficiency, obstacles revealed since they are effective and subjective and objective factors that prevent them from proper enactment, discusses necessary measures to eradicate them. Parliament, by perforce, adopts resolution, which can reflect the appraisal of enforcement of the normative acts, with recommendations (directions) to make a due amendments in the normative acts.

 

 

Article 236

1. Within its competencies, a committee controls the state of the enforcement of the normative acts adopted by Parliament in the committee’s field.

2.  Parliament regularly hears the information from respective committees and officials of the executive branch of government on the state of the enforcement of the normative acts adopted by it.

3. On the basis of the working plan of the session, the Bureau of the Parliament is authorized to put on the agenda of the plenary sittings of a session week a list of those normative acts, the information on the state of the enforcement of which Parliament needs to hear. The committee, which was responsible for drafting a respective normative act, presents this information to Parliament.

4. The report of a committee and a respective institution of the executive branch of government shall include the information on the state and effectiveness of the enforcement of the normative acts, the imperfections revealed while implementing them and the necessary legislative corrections in order to eliminate these imperfections, also the analysis of the objective and subjective factors that impede the thorough enforcement of the normative act.

5. After hearing the information of the committee, the representatives of factions, the Majority, the Minority may take the floor.

6. After Parliamentary hearing of the state of the enforcement of normative act, if necessary Parliament adopts a decree, in which Parliament may give its evaluation regarding the state of the enforcement of the normative act, the assignment of a respective committee on making corrections into the normative act or raise the issue of responsibility of an official of the respective institution of the executive branch of government.

Article 237

1. Within its competencies a committee controls the compliance of normative acts of the Ministry, Minister and head of other institution of the executive branch of government working in the committee’s field to the Georgian legislation, the state of their enforcement, investigates and analyses the imperfections revealed while implementing these acts and prepares the recommendations and sends them to the corresponding institution. The committee should be informed on the discussion of the recommendations and the measures taken within 1 month or the timeframe determined by it

2. Committee controls the timely execution of the obligations assigned by the transitional provisions of laws and Parliament’s decrees to the institutions of the executive branch of government working in the committee’s field.

3. If there is not timeframe determined for implementing the assignments set forth in paragraph 2 of this article, the committee establishes the term for the respective institution. The term can be prolonged by the agreement between the committee and the respective institution, but it shall not exceed a half of the initial term.

 

CHAPTER XLII

Discussing reports presented by Independent Bodies, reports and information presented  by other bodies and public officials, as prescribed by law, in the Parliament

Rules of Procedure of the Parliament of Georgia N 1688, November 29, 2013 – website, 10.12.2013.

 

Article 238

1. The Organizational Department of the Parliament shall present the report of the independent body at the nearest sitting of the Bureau of the Parliament.

2. The Bureau of the Parliament shall decide on commencement of discussion of the presented report, determine a leading committee (committees) and timeframe for the Parliamentary discussion.

3. After the decision on commencement of the procedures of discussion on a report of independent bodies the issue is transferred to the leading committee, other committees, factions, the Majority and the Minority.

4. Committees, factions, the Majority and the Minority shall present their suggestions (comments) to a leading committee within the time determined by the Bureau of the Parliament.

5. A leading committee shall call for the committee sitting within the time determined by the Bureau of the Parliament, discuss the presented report together with the changes presented by the committees, factions, the Majority and the Minority, prepare the conclusion and represent that to the Bureau of the Parliament for a discussion.

6. Discussion of a report presented by independent bodies on the plenary sitting is mandatory if according to the respective law the Parliament participates in staffing an independent body.

7. If the Parliament of Georgia does not participate in staffing of an independent Body, discussion of a report on the plenary sitting shall be held based on request of a leading committee or Bureau (majority of MPs present at the sitting).

8. A leading committee mentions about the issue of obligatory discussion of the report of an independent body on the plenary sitting in its conclusion.

9. A report presented by an independent body shall be discussed at the plenary sitting according to the rule specified in article 157 of this Rules of Procedure.

10. As a general rule, a report of an independent body shall be presented by a reporter, appointed by a leading committee, to the plenary sitting.

 11. At the end of a discussion, the Parliament shall acknowledge the report or may adopt a decree.

12. In cases specified by law or this Rules of Procedure, a report or information presented by respective state body/public official shall be discussed according to this article.

Rules of Procedure of the Parliament of Georgia N1688, November 29, 2013 – website, 10.12.2013.

Article239

1. The National Bank of Georgia - the banker and fiscal agent of the Government of Georgia - accountable to the Parliament shall to submit to Parliament a report of the Bank’s annual activity every year, not later than 4 months after end of a fiscal year.

2. Once a year, but no later than June 1, the State Audit Office shall submit to the Parliament a report on its activity. The Parliament shall adopt a decree after discussion of this report. The report is published on the website of the Parliament.

3. The Parliament shall discuss and make relevant decision on annual reports of the National Bank of Georgia and the State Audit Office no later than 30 days after respective committees of the Parliament prepare and present conclusions on these reports. The Budget and Finance Committee that presents the draft of a decision of the Parliament shall be a co-rapporteur at the plenary sitting.

Rules of Procedure of the Parliament of Georgia N 4075, July 17, 2015 – website, 31.07.2015.

Rules of Procedure of the Parliament of Georgia N 452, March 10, 2017 – website, 22.03.2017.

 

PART IX

Parliament’s Relationship with Electorate

CHAPTER XLIII

Petition

Article 240

1. A petition is a written address of a group of persons on the issues, which concerns the State and general problems.

2. The petitions are written and submitted on the name of the Chair (Speaker) of the Parliament and are registered in a special registration journal. The author is informed on the submission and registration number of the petition.

3. A petition is passed to a respective committee or temporary commission for investigation and consideration. The committee or the commission makes one of the following decisions:

a. Regards as apt to be investigated and considered by itself or at the plenary sitting of the Parliament, during holidays – in the nearest working week

b. Sends the petition to a relevant Ministry, establishment;

c. Regards that the petition needs to be studied and considered.                 

4. Within one week the author of the petition is informed on the decision.

Article 241

1. Within 1 month the Ministry or other establishment answers the author of the petition and respectively the committee or the temporary commission. With the agreement of the corresponding committee or commission, the term can be prolonged for 1 month. If the Ministry or other establishment does not answer the author within defined time, the Parliament shall make a relevant decision.

2. In order to consider the petition at the plenary sitting of the Parliament, the conclusion of respective committee or temporary commission along with a full text of the petition shall be submitted to the Bureau of the Parliament

3. After discussing, the petition Parliament adopts a decree, resolution or other decision.

 

CHAPTER XLIV

Parliament’s Relationship with Citizens, Legal Entities

Article 242

1. Tuesdays, Wednesdays and Thursdays following the week of plenary sittings, is designated for meeting of PMs with electorate, meetings are organized by offices of factions.

2. MP forwards the information received as a result of meeting with the electorate to respective committee (committees).

3. The committee analyses the information received once in 3 months and informs the Chair (speaker) of the Parliament about the results of reaction. This information is posted on Parliament’s web-page.

Article 243

1. In order to better introduce Parliament’s activities to citizens, effectively respond to their complaints and statements, the Public Reception of Citizens is created in Parliament as a structural unit of Office of the Parliament.

2. The Public Reception of Citizens works every day except Sundays.

Article 244

The MPs, state bodies and public officials have to consider submitted statements/complaints and respond to them appropriately. The authors are informed about the answer within 1 month.

 

Article 245

After the investigation and consideration of the issue, the conclusion or recommendation adopted by the committee, investigative or other temporary commission may be submitted to Parliament or its Bureau or sent appropriately for the response. The respective body informs the committee, investigative or other temporary commission on the result of the response within 1 month, which can be reported to Parliament or the Bureau. If necessary Parliament adopts a decree or resolution on the issues heard. The decision is adopted according to the same rule when without forwarding, the committee submits to the plenary sitting of the Parliament its conclusion or recommendation on the results of the consideration.

 

PART X

INTERNATIONAL RELATIONS OF THE PARLIAMENT. RAFITICATION, DENUNCIATION, ANNULMENT OF INTERNATIONAL AGREEMENTS AND TREATIES

CHAPTER XLV

International Relations of the Parliament

Article 246

1. The Chair (Speaker) of the Parliament of Georgia is the supreme representative of the Parliament of Georgia in foreign relations

2. The Chair (Speaker) of the Parliament not later than 14 days after his/her visit to the foreign state informs the Bureau of the Parliament on the visit, gives the information about the results of the work done within the framework of the visit, submits the report of the visit and his/her considerations about it. If necessary, this report may also be presented at the Plenary Session.

Article 247

1. Parliament is eligible to set agreements on cooperation with Parliaments of other states, international inter-Parliamentary and other organizations.

2. Usually head of the Parliamentary delegation is the Chair (Speaker) of the Parliament, or by his/her assignment Deputy Chair or an MP.

 

Article 248

The head of the Parliamentary delegations submit to the Bureau of the Parliament the information on the visit to a foreign country and the results of their work there, a report and comments regarding the visit within 14 days of the end of the visit. The report may become a matter of consideration at the plenary sitting of the Parliament by the request of a group of at least 6 MPs, a committee, or a faction.

 

Article 249

1. The Chair of the sitting or at the Chair’s assignment - the Chief Guard of the Parliament announces to Parliament about the official delegation of a foreign country entering the Sitting Hall of the Parliament and introduces its members.

2. The Chair (Speaker) of the Parliament or a person (Member of the Parliament) authorized by the Chair (Speaker) delivers a welcome speech, describing the goals and objectives of the visit of the official delegation of a foreign country to Georgia, relations between the relevant foreign country and Georgia, introduces the position of the Georgian Parliament.

3. At the desire of the heads of the Parliaments of foreign countries, Heads of States, leaders of the Parliamentary delegations, they can deliver a speech at the plenary sitting of the Parliament

4. Parliament has the right by the majority of votes of those present, to make a decision about the Parliamentary consideration of the issues raised by the official delegation of a foreign country. By the same decision, Parliament may allow the official delegation of a foreign country or its certain members to be present at the Parliamentary consideration.

5. Parliament discusses the recommendations of international inter-Parliamentary assembly and makes decision on their realization. A relevant committee considers these recommendations in advance and presents the relevant conclusion along with the recommendations to Parliament for consideration. The recommendations of international inter-Parliamentary assembly will be taken into consideration while preparing the draft laws.

Article 250

By the initiative of the Chair (Speaker) of the Parliament, a group of at least 6 MPs, a committee, a faction, the Majority, the Minority, the Parliament may adopt a resolution or other decision about the results of a visit by the official delegation of a foreign country at the nearest plenary sitting.

CHAPTER XLVI

The Permanent Parliamentary Delegations. Standing Groups

Article 251

1. Pursuing its goal to establish regular relations with international inter-Parliamentary organizations, the Parliament defines compositions of permanent parliamentary delegations on the principle of proportional representation. The concession or exchange of quotes is possible according to paragraph 4 of Article 32 this Rules of Procedure.

2. Head of the permanent parliamentary delegation leads its activities and submits to Parliament the report on the implemented work within one month of the opening of a spring session. The Bureau of the Parliament may decide to present this report for discussion to the plenary sitting. The Foreign Relations Committee shall be co-rapporteur at the hearing of this report. Following the hearing of the report at the plenary sitting, the Parliament shall make a relevant decision. This decision may make changes to the composition of the delegation.

Rules of Procedure of the Parliament of Georgia, # 108, December19, 2012 – web-page on 28.12.2012.

Article 252

1. Pursuing its goal of establishing regular relations with Parliaments of foreign countries, temporary inter-Parliamentary (Groups of Friends) delegations are formed.

2. Composition of groups of friends is approved by a decree of the Parliament.

3. The Foreign Relations Committee leads the activities of the temporary inter-Parliamentary delegations, (Groups of Friends) and the report on the work done is annually submitted to the Bureau of the Parliament.

4. The head of groups of friends not later than 10 days after the visit, informs the Bureau of the Parliament on the visit to the country of group of friends and the work done within the framework of the visit, and submits the report of the visit and his/her considerations about it. Due to request from group of 6 MPs, committees and factions the report may become the subject of discussion of plenary sitting.

 

CHAPTER XLVII

Ratification, Denunciation and Annulment of International Agreements and Treaties

     Article 253

1. The Government of Georgia applies to the Parliament for ratification, denunciation and annulment of international agreements (treaties) and in case of agreements (treaties) that relate to accession of Georgia into international organizations or inter-state union, is of a military character, relates to territorial integrity or changing state borders, also in cases when international agreement (treaty)is concluded by the President of Georgia, - the President of Georgia, with required co-signature from the Prime Minister of Georgia.

2. International agreements and treaties submitted for ratification, denunciation or annulment shall include copies of the official text confirmed according to the established rule and the documents comprising:

a) Justification of the expediency of its ratification, denunciation or annulment;

b) Determination of its compliance with the Georgian legislation;

c) Estimation of possible financial-economic and other consequences;

d) In case it is presented by the President of Georgia – the relevant act on Countersignature of the Prime-Minister of Georgia.

3. Taking into account the contents of an international agreement (treaty), the Bureau of the Parliament determines the leading committee for preparing the international agreement (treaty) for ratification, denunciation or annulment, and sends the attached materials to this committee.

4. By the decision of the Bureau of the Parliament, other committees may also participate in preparing an international agreement (treaty) for ratification, denunciation or annulment.

5. The Foreign Relations Committee, if it is not a leading committee, along with other committees organizes the preparation of an international agreement (treaty) for ratification, denunciation or annulment.

6. The leading committee or/and the Foreign Relations Committee can request the information regarding the preparation of an international agreement (treaty) for ratification, denunciation or annulment of from other state institutions. The international agreement (treaty), which needs financial expenses, is agreed in advance with the committees of Financial-Budgetary Issues and Foreign Relations

7. As provided by the constitution of Georgia, according to the rule established by this Rules of Procedure, Parliament ratifies the agreements (treaties) concluded with foreign countries, international financial organizations or bodies of foreign countries on receiving State foreign credits or giving State guarantees on credits.

8. The leading committee or/and the Foreign Relations Committee shall submit the full information regarding an international agreement (treaty) to Parliament.

9. The discussions on the issues concerning an international agreement (treaty) in committees are conducted with the necessary participation of proxy of the President of Georgia or the Government of Georgia, who shall be informed about the committee discussion no later than 48 hours in advance. His/her absence will not impede the committee discussion if the committee does not consider necessary his/her participation in the consideration. In this case, the committee discussion is postponed until the next sitting of the committee.

10. The conclusion of the leading committee shall include the recommendation to ratify or to reject the ratification, proposal on indispensable ratification, denunciation, annulment or reservation, also the recommendations that are to be adopted by Parliament.

11. If the leading committee decides that ratification, denunciation or annulment shall happen with reservation, it should agree with the President or the Government of Georgia. If the President or the Government gives his/her consent, the ratification, denunciation or annulment of an international agreement (treaty) will happen with an appropriate reservation, if s/he is against, the leading committee discusses the issue again at its nearest sitting. If the President or Government considers reservation necessary again, the issue will be discussed at the plenary sitting of the Parliament with reservation

12. The proxy of the President or the Government of Georgia delivers a speech regarding the ratification, denunciation or annulment of an international agreement (treaty). The Chairmen of the leading committee determined by Parliament regarding the issue under consideration and the Foreign Relations Committee may be the co-reporters

13. The Parliament considers an international agreement (treaty) submitted for ratification, denunciation or annulment at its plenary sitting according to the rules established for the first hearing of a draft law and makes the relevant decision by the majority of votes of enlisted members.

14. If the decision is not adopted on ratification, denunciation or annulment of an international agreement (treaty), it is not considered to have passed an appropriate procedure and is handed back to the leading committee for consideration. The leading committee makes decision on re-presentment of an international agreement (treaty) to Parliament’s plenary sitting within 1 month.

15. Parliament is authorized to adopt a decision to postpone the consideration of the issue of ratification, denunciation or annulment of an international agreement (treaty). If Parliament adopts the decision on postponing the consideration of a relative issue concerning ratification, denunciation or annulment of an international agreement (treaty), the decision shall be justified, well-reasoned and adopted with a decree.

16. If an appeal on the constitutionality of an international agreement (treaty) is submitted to the Constitutional Court, the issue of its ratification will be postponed until the Constitutional Court adopts its decision.

Article 254

1. According to article 65 of the Constitution of Georgia, the Parliament withdraws from international agreements and treaties ratified by the Parliament or acceded to upon its decision by the majority of votes of all members.

2. The Foreign Relations Committee together with other relevant committees beforehand considers an international agreement (treaty) submitted for denunciation and prepares the relevant conclusion.

3. The Parliament annuls international agreements and treaties concluded and signed on behalf of Government of Georgia as well as the agreements not requiring ratification that were acceded to on behalf of the Government of Georgia by the majority of votes of all members.

4. Treaties and international agreements cannot be ratified, denunciated and/or annulled article-by-article, except the cases when this happens with reservation.

5. The heads of the Foreign Relations Committee and the Ministry of Foreign Affairs of Georgia, as well as other relevant officials, shall attend Parliamentary consideration on ratification, denunciation or annulment of an international agreement (treaty).

Article 255

The Foreign Relations Committee and the Ministry of Foreign Affairs of Georgia are obliged to inform Parliament about the conclusion of the international agreements and treaties not requiring ratification within one month of their conclusion. Parliament accepts within formation as a notification (accepting as a notification means providing the relevant information to the nearest sitting of the Bureau, which adopts a decision on the acceptance of this information as a notification) or it may become an issue of the Parliamentary consideration.

Article 256

If a motion on the accession of Georgia to an international agreement (treaty) is submitted to Parliament, the Foreign Relations Committee together with other relevant committees prepares its conclusion according to the rules established by this Rules of Procedure and submits the issue to the Bureau for the consideration at the plenary sitting of the Parliament. Parliament adopts the decision by the majority of votes of full members.

 

Article 2561

1. The Parliament shall present its recommendations on conclusion of an international treaty of Georgia to the Government of Georgia or to the President, if the latter has the power to conclude this international treaty according to the Constitution of Georgia.

2. Recommendations of the Parliament on conclusion of an international treaty of Georgia shall include justification on reasonability of conclusion of this treaty.

Rules of Procedure of the Parliament of Georgia N 1688, November 29, 2013 – website, 10.12.2013.

 

PART XI

SPECIAL PROCEDURES

CHAPTERXLVIII

Formation of Budgets of the Parliament, Organizations existing at Parliament, State Audit Office and Central Election Commission

Article 257

1. Parliament ensures drawing up and submission of the Parliament’s budget to Government of Georgia before the start of a fiscal year, not later than June 15.

2. The Chair (Speaker) of the Parliament manages and coordinates the process of drawing up Parliament’s budget. Parliament’s budget is drawn up on the basis of the proposals of the relevant committees, factions, Council of Treasurers and Office of the Parliament, and is submitted to Parliament for its approval. The respective draft shall be disseminated at the consideration of the Parliament’s budget at the plenary sitting of the Parliament will be held with the following code (0101). The represented indicators can be reduced only but with the preliminary approval of the Parliament. During the discussion of the State Budget distribution of the draft law is necessary.

3. The current expenditures allocated to Parliament in the State Budget can be reduced comparing to the last year’s expenditures only with Parliament’s consent given in advance. Parliament itself makes decision on the division of the budget resources allocated to Parliament in the State Budget. The decision on the division of the budget resources allocated to Parliament from the State Budget, if the amount of the resources does not exceed 15% of the budget resources allocated to Parliament, is made by the Chair (Speaker) of the Parliament, otherwise – with a decree of the Parliament.

4. Decision on the management and reduction in the labor wages fund is made on the advice of Office of the Parliament Financial Support Department by the Speaker of the Parliament.

5. In Parliament, within the scope of budget allotments a special fund can be created, in which the sums deducted from salaries of MPs, according to this Rules of Procedure will be reflected. MP has right to deny the salary in behalf of this fund. The decision regarding disposal of sums accumulated within this fund is take by the Chair (speaker) of the Parliament by her/his own initiative or based on proposal by the Council of Treasurers. The Chair (speaker) of the Parliament informs the Bureau of the Parliament about the decision.

 

 

Article 258

1. The Chair (Speaker) of the Parliament of Georgia ensures the formation of the Budgets of State Heraldic Council existing at the Parliament and of the National Library of the Parliament and presents them to the Government of Georgia.

2. The Heads of State Heraldic Council existing at the Parliament of Georgia and of National Library of the Parliament submit to the Parliament the draft budget statements on budget estimates and marginal number of employees for the upcoming year by May 1.

3. The submitted budget statements with the corresponding conclusion from the Parliamentary Financial Support department will be discussed in the Committee of Finance and Budget within 3 weeks and will be presented to the Speaker of the Parliament, who sends the draft budget statements with the decision to the Government of Georgia no later than June 15th.

Article 259

1. The submission of the next year budget of the State Audit Office to Government of Georgia is done by the Parliament of Georgia.

2. The Auditor General submits the budget statement of upcoming year with the calculations and the marginal number of staff to Parliament by May1st

3. Committee of Finance and Budget discusses the issue within 3 weeks and makes a decision that is submitted to the Parliament. During the discussion of the State Audit Office budget at the plenary sitting, it is necessary to distribute the copies of the draft law.

4. After the discussion of the Budget of State Audit Office the draft law on budget will be submitted to the Government of Georgia no later than June 15thfor consideration in draft Law on State Budget Law draft.

 

5. During the adoption of the marginal expenditures of the budget for the State Audit Office, it has to be taken into consideration that it must not be less than the budget of previous year. The reduction of budgetary resources is possible only with the preliminary approval of Bureau of the Parliament.

Article 260

The estimation of expenditures of the Central Election Commission is approved by the Parliament and presented by the Central Election Commission.

Article 261

The Chair (Speaker) of the Parliament, within his/her competencies, controls the financial activities in Parliament by means of the relevant committee as well as the Council of Treasurers. The Council of Treasures is an advisory body of the Chair (Speaker) of the Parliament. The Chair (Speaker) of the Parliament determines the number of the Council members and appoints them from among the MPs with the approval of the Bureau of the Parliament. The authorities and rule of activity of the Council of Treasurers are determined by the Regulations of the Council of Treasurers, which is approved by the Chair (Speaker) of the Parliament.

 

 

 

CHAPTER XLIX

Consideration of Issues Related to the Declaration of a State of Emergency or Martial

Law, War and Truce, Use of Military Forces, Approval of the Numerical Strength of Military Forces

 

Article 262

1. The President of Georgia submits the decisions on the declaration of a state of emergency or martial law as well as the issues considered in Article 46 of the constitution of Georgia to Parliament within 48 hours for approval. The decisions are immediately put to the vote, without passing preliminary consideration at the committee level and other relevant procedures.

2. The President of Georgia shall present the motivated information pertaining to the declaration of a state of emergency or martial law as well as to the necessity of restriction of human rights and freedoms outlined by Article 46 of the constitution of Georgia during a state of emergency and martial law.

3. Parliament sits until the end of the state of emergency or martial law according to the plan set by the Bureau of the Parliament.

4. The decision of the President of Georgia on the declaration of a state of emergency or martial law is discussed at a special sitting of the Parliament according to the rule set forth in this Rules of Procedure, taking into consideration the following exceptions:

a) The president of Georgia or his/her special proxy is a main reporter;

b) There is no dispute;

c) Only the President of Georgia or his/her special proxy makes the final speech.

5. In case of agreement, the Chair (Speaker) of the Parliament signs Parliament’s decree on consenting the declaration of a state of emergency or martial law, and promulgates it.

6. If Parliament does not agree with the decision of the President of Georgia, within 24 hours the issue is discussed at the meeting held by the Chair (Speaker) of the Parliament, his/her deputies, heads of committees and factions, independent of MPs, and the President of Georgia or his/her proxy, after which the President of Georgia makes the relevant decision on the submission of the issue for consenting to the plenary sitting of the Parliament. If the consent is not given again, the issue of declaring a state of emergency or martial law will be considered not settled and the President of Georgia does not have a right to address Parliament again on this issue within 48 hours of the refusal to give consent.

Article 263

1. Parliament approves a decision by the President of Georgia on the declaration of a state of emergency or martial law as well as on restrictions of some human rights and freedoms as outlined in Article 46 of the constitution of Georgia by the majority of votes of full composition.

2. If the declaration of a state of emergency coincides with election period in some part of the country, the decision on holding elections on the rest of the territory of the country is made by the majority of votes of full composition.

 

Article 264

1. In case of declaring a state of emergency or martial law by the President of Georgia in the period between coming into force of the President’s decree on the dismissal of the Parliament and the first sitting of a newly-elected Parliament, the issue of approval a state of emergency or martial law or/and prolongation of a state of emergency or martial law is decided by dismissed Parliament according to the rule set forth in paragraphs 1-5 of Article 262 and Article 263 of this Rules of Procedure.

2. If in the case set forth in paragraph 1 of this article Parliament fails to convene within 5 days or approve (prolong) the President’s decree on the declaration (prolongation) of a state of emergency, the declared state of emergency is abolished. Martial law shall be abolished, if within 48 hours after convening Parliament fails to approve the President’s decree on the declaration (prolongation) of martial law.

3. In the case set forth in paragraph 1 of this article, the decision on the declaration of a state of emergency or martial law shall indicate the term of this state, which is prolonged by Parliament according to the rule determined by this article and articles 262-263 of this Rules of Procedure.

 

Article 265

1. Parliament gives its consent to the President of Georgia to use armed forces in a state of emergency or in order to fulfill international obligations. The decision of the President of Georgia comes into force if Parliament approves it. Within 24 hours of the submission of a relevant decision Parliament discusses the issue of consenting or rejecting it after the preliminary consideration in the committee of Defense and Security. The representatives of other committees can participate in the work of this committee or by the agreement there can be held a joint committee hearing. If Parliament does not agree with the decision of the President of Georgia, within 24 hours the issue is discussed at the meeting held by the Chair (Speaker) of the Parliament, his/her deputies, heads of committees and factions, and the President of Georgia or his/her proxy, after which the President of Georgia makes the relevant decision to submit the issue again for consenting to the plenary sitting of the Parliament. If the consent is not given again, the issue of using armed forces in a state of emergency or in order to fulfill international obligations will be considered not settled and the President of Georgia does not have a right to address Parliament again on this issue within 48 hours of the refusal to give consent. At the same time the President of Georgia can address Parliament with the relevant issue only twice.

2. The President of Georgia immediately submits to Parliament the decision on bringing in, the use and movement of foreign armed forces within Georgia. The President of Georgia’s proposal enters into force if Parliament gives its consent. Within 24 hours of the submission of a relevant decision, Parliament discusses the issue of consenting or rejecting it after the preliminary consideration in the committee of Defense and Security. The representatives of other committees can participate in the work of this committee or by the agreement there can be held a joint committee hearing. If the consent is not given, the President of Georgia is authorized to address Parliament for approval again, 48 hours after the refusal to give consent. At the same time the President of Georgia can address Parliament with the relevant issue only twice.

Article 266

1. The President of Georgia submits the decision on the declaration of war or on conclusion of a truce at the presence of appropriate conditions to Parliament for approval within 48 hours of the adoption of this decision.

2. Parliament considers the decision of the President of Georgia on the declaration of war or truce within 24 days without preliminary committee hearing and adopts a decision at the same sitting by the majority of votes of enlisted members. If Parliament does not adopt a positive decision, within 24 hours the issue is discussed at the meeting held by the Chair (Speaker) of the Parliament, his/her deputies, Chairmen of committees and factions, and the President of Georgia or his/her proxy, after which the President of Georgia makes the relevant decision to submit the issue again to the plenary sitting of the Parliament. If the consent is not given again, the President of Georgia does not have a right to address Parliament again on this issue within 48 hours of the refusal to give consent. At the same time the President of Georgia can address Parliament with the relevant issue only twice.

 

Article 267

1. The National Security Council of Georgia submits the proposed numerical strength of military forces of Georgia to the Parliament for approval. The issue is transferred to the relevant committee for consideration; this committee shall present its motivated conclusion to Parliament within 10 days.

2. After the parliamentary consideration of the committee conclusion, the Parliament shall approve the numerical strength of military forces of Georgia with the majority of votes of the enlisted members.

3. If the Parliament does not approve the numerical strength of Georgia’s military forces, a conciliatory commission may be formed, which presents a final draft to the Parliament for approval within 10 days.

4. (Deleted 11.12.2014, №2875).

Rules of Procedure of the Parliament of Georgia #2875, December 11, 2014 – web-site, 11.12.2014.

 

CHAPTER L

Submission of Constitutional Appeal and Constitutional Motion to the

Constitutional Court of Georgia

 

Article 268

A group of not less than one-third of all Members of the Parliament has the right to submit a constitutional motion to the Constitutional Court on the violation of the Constitution of Georgia by the President of Georgia, by the Chair of the Supreme Court of Georgia, by a Member of Government, by the Auditor General of Control or by the Council members of the National Bank.

 

Article 269

The signatures on the constitutional motion are verified by a notary or according to the following rule: after drawing up a motion on raising the issue of impeachment of a public official, an MP or a faction announces the place of putting the signatures and within 3 days of the submission of the relevant motion to the Committee on Procedural Issues and Rules, the committee Chair verifies the validity of the signatures.

 

Article 270

The rejection of the constitutional appeal or motion by the MPs, who signed them, after the constitutional appeal or constitutional motion is submitted to the Constitutional Court of Georgia does not cause the refusal to discuss it and the cease of the case except the cases when enlisted members who submitted the constitutional appeal or motion reject it before its essential consideration.

Article 271

1. A group of not less than one-fifth of all Members of the Parliament has the right to submit a constitutional appeal to the Constitutional Court on the correspondence with the constitution of Georgia of the laws of Georgia, this Rules of Procedure, the normative acts of the President of Georgia, the supreme bodies of authority of the Autonomous Republics of Abkhazia and Adjara, and normative acts adopted by relevant bodies before the constitution of Georgia came into legal force.

2. Based on its decree the Parliament can submit to the Constitutional Court of Georgia an application on checking of compliance of normative acts of the Autonomous Republic of Adjara with the Constitution of Georgia, Constitutional Law on the Status of the Autonomous Republic of Adjara, Constitutional Agreement, and international treaties.

3. A group of no less than one-fifth of the Members of the Parliament has the right to submit a Constitutional appeal to the Constitutional Court on the violation of the Constitutional Law of Georgia on the Status of Autonomous Republic of Adjara.

4. A group of at least one-fifth of the Members of the Parliament has the right to submit a constitutional appeal to the Constitutional Court on the constitutionality of the formation and activities of political unions of citizens, on holding referenda or elections, or refusal to hold such (referenda), on Parliament’s decision related to the recognition of the authority of an MP, or on the pre-term termination of his/her powers.

5. A Constitutional complaint submitted by not less than one-fifth of the MPs may refer to a breach of constitutional authority of the Parliament of Georgia or any other state body.

6. Certification of signatures on constitutional appeal is conducted according to the Article 269 of this Rules of Procedure.

7. Parliament resolution is approved with a common rule in the case of paragraph 2 of this article and the appeal is signed by the Speaker of the Parliament or the chair of the sitting.

 

 

CHAPTER LI

Referendum

Article 272

1. A group composed of one-fifth of full composition on the basis of respective justification and with a written document certified with relevant signatures, has the right to table a motion to hold a referendum on issues covered by the constitution of Georgia and/or organic laws. The motion is considered at the plenary sitting of the Parliament within 20 days of the submitted.

2. The Parliament, by a majority of all votes, adopts an application requesting the holding of a referendum and submits it to the President of Georgia.

3. If the Parliament fails to decide on holding of a referendum, the issue shall be considered dropped and the question shall not be put to vote again during the next six months.

 

Article 273

If the President of Georgia decides, to hold a referendum on his/her own initiative or by request of 200,000 voters on the same issue that was submitted to the Parliament, the issue shall be removed from the agenda of the sitting.

 

PART XII

Office of the Parliament and Other Auxiliary Structures

 

CHAPTERLII

Office of the Parliament

 

    

Article 274

1. Office of the Parliament is formed in order to ensure organizational and technical provision of the activity of the Parliament. The structure, functions and rules of activity of Office of the Parliament are envisaged by this Rules of Procedure and the Regulations of the Staff in compliance with the Rules of Procedure.

2. The functions of the Parliament staff are to render organizational, legal, documentation, informational, financial, material-technical and social services to the Bureau of the Parliament, Chair (Speaker) of the Parliament and his/her deputies, MPs, committees, factions, the Majority and the Minority, investigative and other temporary committees in their activities.

 

Article 275

Basic functions of the Parliament’s staff:

a. Arrangement of the plenary sittings of the Parliament;

b. Solution for legal, material, technical, financial and other problems of the Parliament, the Bureau, committees, factions, investigative and other temporary commissions;

c. Providing MPs with draft laws included in the agenda of plenary sittings;

d. The maintenance of a record of the proposals and comments expressed during consideration of draft laws or other issues at the plenary sittings of the Parliament;

e. Support to MPs to exercise their powers;

f. Fulfillment of the tasks imposed by the Bureau of the Parliament, Chair (Speaker) of the Parliament and his/her deputies, committees, investigative and other temporary commissions;

g. Preparation of information and data and other materials for the administration of

Parliament and the MPs, preparation of collections of the legal acts passed by Parliament;

h. Compilation of necessary information for MPs in the period between sessions;

i. The maintenance of the protocols and shorthand of the sittings of the Parliament and the

Bureau;

j. The publication, transmission and broadcasting of the documents produced by Parliament, its committees, factions, investigative or other temporary commissions in the Mass Media sources;

k. Settlement of the organizational and technical issues related to the visits of delegations from foreign countries, separate statesmen, political and public figures, and diplomatic representatives to Parliament;

l. Organizing abroad travels for the Chair (Speaker) of the Parliament, official parliamentary delegations and MPs;

m. Provision of integrated case proceedings in the Parliament and organizing citizen’s reception;

n. Financial support of the Parliament and of its staff; registering the expenditure and analysis of financial and material resources;

o. Provision of staff number of civil servants of the parliament, organization of methodical – practical organization, management, coordination and control of human resources policy in the Office of the Parliament, conduct secret proceedings;

p. Establishment of modern informational infrastructure in the Parliament, ensuring its proper functioning and development, computer-aid of proceedings and IT service;

q. Representing Parliament in the Constitutional Court of Georgia and Common Courts;

r. Maintaining order in the sitting hall during the plenary and committee sittings at the palace of the Parliament;

s. Preparing budget of the Parliament and financial support of the Parliament and activities of its Staff and planning;

t. Informing public about mission, activities and staff of the Parliament;

u. Managing, developing and providing technical support to Parliament’s website,

u. Provision of research-counseling and scientific-helpdesk services to MPs, activities of the Parliament’s structure;

v. Support decision making on other issues under the responsibility of the Parliament as laid down in legislation of Georgia.

           

Article 266

1. Parliament staff is managed by the Chief of Office of the Parliament.

2. The Chief of Office of the Parliament is appointed on the position and removed from it by the

Chair (Speaker) of the Parliament.

3. The Chief of Office of the Parliament cannot be an MP.

4. The issues of introduction of a position of the Deputy Chief of Office of the Parliament and its number are decided by the Chair (Speaker) of the Parliament.

5. The Deputy Chief of Office of the Parliament (in the presence of such), heads of the departments and services of Office of the Parliament are appointed on the position and removed from it by the Chair (Speaker) of the Parliament based on the nomination of the Chief of Office of the Parliament.

 

Article 277

1. The departments, services, and staffs of the committees are included in Office of the Parliament as a structural coordinative units, the members of which are appointed and dismissed by the Chief of Office of the Parliament according to the established list of staff and rule determined by the Law of Georgia On Public Service, and on the basis of a motion by the head of the corresponding department or service and the committee Chair.

2. The Chief of Office of the Parliament appoints and dismisses the chief of Committee Office and specialist according to the rule established by the law of Georgia on Public Service and by nomination of Chairperson of the Committee. 

3. The Chief of Office of the Parliament by nomination of the Head of Temporary Investigative Commission signs the fixed term labor contracts with senior invited experts of Office of the Parliament and specialist.

4. The Chief of Office of the Parliament by nomination of the Head of Temporary Commission signs the fixed term labor contracts with invited experts and specialist.

5. Head of Office of the Parliament on the basis on fixed term labor contracts, according to the rule established by the labor code of Georgia, by nomination of Chair of the factions, appoints and dismisses employees of the Office of the Parliament.

6. Number of employees of the faction staff, the space allocated in the Palace of the Parliament and funds allocated for ensuring the operations of the faction, as a rule is determined in proportion to the number of MPs united in the faction.

 

Article 278

1. The Chair (Speaker) of the Parliament approves the charter of Office of the Parliament and its structural units (except Budgetary Office of the Parliament), based on the proposal of the Chief of Office of the Parliament.

2. The Chief of Office of the Parliament determines the structure of the staff, number of personnel, their remuneration, working conditions, and submits it for approval to the Chair (Speaker) of the Parliament.

3. The Chair (Speaker) of the Parliament approves the rule of employment of the public servants of Office of the Parliament.

4. The qualification requirements and authorities of the members of Office of the Parliament are determined by the Georgian legislation, the statutes of relevant structural coordination units and the job instructions.

5. The Chief of Office of the Parliament approves the job instructions of public servants of Office of the Parliament in agreement with a head of a relevant structural coordination unit.

6. Internships are permitted in Office of the Parliament. The Chair (Speaker) of the Parliament approves the rule of internship in Office of the Parliament.

Rules of Procedure of the Parliament of Georgia N 1688, November 29, 2013 – website, 10.12.2013.

Article 279

1. For the purpose of providing with financial, budgetary and economic analytical information the Parliament of Georgia, parliamentary Committees, Factions, independent MPs and Office of the Parliament the Budgetary Office of the Parliament shall be created within the structure of Office of the Parliament.

2. The head of the Budgetary Office of the Parliament shall be appointed for a 5-year term and dismissed by the Chair (Speaker) of the Parliament after the nomination from the Chair of Budget and Finance Committee. A person may be appointed to the position of the head of the Budgetary Office in 2 consecutive terms.

3. Employees of the Budgetary Office of the Parliament shall be appointed and dismissed by the Head of Office of the Parliament according to the Law of Georgia on Public Service, except the case mentioned in paragraph 2 of this article.

4. The structure and rules of activities of the Budgetary Office of the Parliament shall be determined its statute that shall be approved by the Chair (Speaker) of the Parliament based on the motion of a Chair of the Budgetary-Finance Committee and/or Supervisory Council.

41. The Supervisory Council of the Budgetary Office of the Parliament, with composition of 5 members, shall coordinate the work of the Budgetary Office of the Parliament. The Chair (Speaker) of the Parliament and a Chair of the Budget and Finance Committee shall be members of the Supervisory Council of the Budgetary Office of the Parliament; the Chair of the Parliament appoints other 3 members – one out of members of the Majority, once – out of the Minority and one out of MPs who are members of neither the Majority and nor the Minority, based on preliminary consultations. In case there is no the Majority and/or the Minority, the Chair (Speaker) of the Parliament shall appoint 3 members out of members of factions and MPs, based on preliminary consultations. The Chair of the Parliament leads the work of the Supervisory Council of the Budgetary Office of the Parliament. Authority and rule of operation of the Supervisory Council of the Budgetary Office of the Parliament shall be determined by the Chair (Speaker) of the Parliament.

5. The Budgetary Office of the Parliament is accountable before and presents an annual report on its activities to the Supervisory Council of the Budgetary Office of the Parliament.

Rules of Procedure of the Parliament of Georgia N1688, November 29, 2013 – website, 10.12.2013.

Rules of Procedure of the Parliament of Georgia N2614, July 31, 2014 – website, 05.08.2014.

Article 280

1. For the purpose of participation in local issues by the MPs, for the reason of working with the electorate, for the coordination of majoritarian MP’s work in the local and regional levels Parliamentary Representation may be created, which will not be a structural unit of Office of the Parliament.

2. The decision of creation of the Parliamentary Representation is adopted by the Speaker of the Parliament in cooperation with Bureau.

3. The provision of the Parliamentary Representation, range of employees, their wages are presented by the Head of Office of the Parliament and confirmed by the Speaker of the Parliament.

4. The Head of the Parliamentary Representation is presented by the Head of Office of the Parliament and appointed and removed by the Speaker of the Parliament.

5. The employees of the Parliamentary Representation, according to the Labor Law of Georgia based on labor agreements are appointed and removed by the Head of Office of the Parliament upon the presentation by the head of the Parliamentary Representation.

Article 281

1. It is mandatory to ensure the life and health of Office of the Parliament.

2. The decision on the insurance of the life and health of other public employees of the Parliament and co existing bodies in Parliament is made by the Speaker of the Parliament, with the initiative of the Treasury Council.

 

Chapter LIII

Institutions existing at the Parliament

Article 282

1. The national library of Georgia - the main library within the system of libraries in Georgia- is a library of the Parliament. Its activity is regulated by the Law of Georgia on the National Library of Georgia, other laws and relevant Regulations.

2. The director (Head) of the National library of Georgia is appointed and dismissed by the Chair (Speaker) of the Parliament.

3. The structure and rule of activity of National Library, range of employees and their wages are presented by the Head National Library and is confirmed by the Chair (Speaker) of the Parliament.

Article283

Gender Equality Standing Council is chaired by the Chair (Speaker) of the Parliament or by her/his assignment - one of her/his deputies. The organizational and technical support of the Council is provided by secretariat of Chair of the Parliament or by his/her deputy’s secretariat.

 

Article 2831

1. Open and Transparent Governance Standing Parliamentary Council is created, as well as its statute and composition is approved by an order of the Chair (Speaker) of the Parliament. Open and Transparent Governance Standing Parliamentary Council presents to the Chair (Speaker) of the Parliament a statute of the Council for approval. This statute shall define the authority of Open and Transparent Governance Standing Parliamentary Council, as well as rule of operation, issues related to organization of its work and cooperation with civil society.

2. Open and Transparent Governance Standing Parliamentary Council shall consist of a representative of each faction and one MPs who is not a member of any faction. A chair of a faction shall present a candidate for the position of a member of Open and Transparent Governance Standing Parliamentary Council to the Chair (Speaker) of the Parliament in writing; MPs, who are not members of any faction, shall present a candidate to the Chair (Speaker) of the Parliament, in writing based on agreement between them. Waiver of quotas in Open and Transparent Governance Standing Parliamentary Council among factions forming the Majority, as well as among faction forming the Minority, is allowed. The Chair (Speaker) of the Parliament is the member of Open and Transparent Governance Standing Parliamentary Council in his official capacity.

3. Open and Transparent Governance Standing Parliamentary Council is chaired by the Chair (Speaker) of the Parliament or a Council member by her/his assignment.

Rules of Procedure of the Parliament of Georgia #4676, December 18, 2015 – web-site, 28.12.2015. 

 

Article284

1. With the purpose to regulate the issues related with state symbols the Heraldic State Council is formed at the Parliament.

2. The authority and structure of the Heraldic State Council, as well as main functions of the Council is determined by the Organic law of Georgia on “State Emblem of Georgia” and by the relevant statute that is approved by a decree of the Parliament.

3. The number of staff of the Heraldic State Council and the remuneration rates of employees with the submission of the Head of the Council and after the agreement with the Committee of Finances and Budget is approved by the Chair (Speaker) of the Parliament.

 

PART XIII

RESPONSIBILITY FOR VIOLATION OF THE RULES OF PROCEDURE

CHAPTER LIV

Responsibility of the Member and the Official of the Parliament for the Violation of the Rules of Procedure

Article 285

The following penalties can be imposed on Members of the Parliament for a violation of the Rules of Procedure of the Parliament:

a. Revocation of the right to speak at the plenary sitting;

b. Warning;

c. Expulsion from the Sitting Hall;

e. Retention of salary.

 

 

Article 286

1. The Chair of the plenary sitting of the Parliament can deprive an MP of the right to speak if she/he:

a. Makes a speech without the permission of the Chair of sitting;

b. Makes a speech and does not discuss the subject under consideration;

c. Was given permission to speak on procedural or personal matters but refers to other matters;

d. Exceeds the time determined by the Rules of Procedure or the time s/he was additionally granted.

2. A warning is applied against an MP who:

a. Continues speaking after s/he has lost the right to speak in the cases envisaged by sections “a”, ”b”, “c” and “d” of paragraph 1 of this article;

b. Delivers a speech without using a microphone;

c. Acts in a manner that prevents the sitting from being held in accordance with the rules envisaged by the Rules of Procedure.

3. An MP is expelled from the Sitting Hall if s/he:

a. Still continues causing a disturbance after a warning specified in paragraph 2 of this article;

b. Shows up in the Sitting Hall with firearms or cold steel;

c. Uses force and encourages other MPs to do so.

4. An MP ordered to leave the Sitting Hall must do so. Otherwise the Chair of the sitting suspends the sitting, after which the Guard (Chief Guard) requires that MP to leave the Sitting Hall.

6. An MP required to leave the Sitting Hall has to pay from his salary and other benefits connected to the execution of his/her authority deducted for the day of his expulsion.

7. If the examination of the voting and registration results reveals that an MP was not in the

Sitting Hall and somebody took participation in the voting or registration on his/her behalf,

a penalty in the amount of 20% of the salary will be imposed on this MP and in case of second and each repeat of the similar action during the same sitting - 25% of MPs salary will be retained. This fact is written down in the protocol of the sitting and sent to the financial department of Office of the Parliament for extracting the salary of a respective month.

7. If MP, who has the duty to present the draft law on the Plenary Session (Presenter or Co presenter), at the time of the presentation of the draft law is absent on the plenary session for unjustifiable reasons, he/she shall be imposed a penalty of one day salary retention.  On the case of not presenting, the draft law by the MP the record is made on the basis of the statement of Chair (Speaker) of the Parliament, which is transferred by the Chief Guard within 24 hours to the Department of Financial support for the subtraction of a salary according to this paragraph. 

8. If an MP united in two committees misses the committee sitting three times during a calendar month for unjustifiable reasons and MP united in 1 factions misses the committee sitting two times during a calendar month for unjustifiable reasons a penalty in amount of 10% of his/her salary will be imposed on him/her. If MP warned the Chair of the commute in advance about the possibility of missing the sitting for unjustifiable reasons or if the committees sitting was convened in violation of paragraphs 5 and 8 of article 49 of this Rules of Procedure. The fact of the absence of an MP from the committee sitting is written down in the protocol of the sitting, recorded by the committee Chair and sent to the financial department of Office of the Parliament in order to exclude the salary of a relevant month.

9. If an MP within one month doesn’t attend with unjustifiable reason more than one plenary sitting he/she will be subtracted 10% of his/her salary for each missed sitting and the fact is recorded and announced by the Speaker of the Parliament on the last plenary sitting of the calendar month. Until the 10th of the next month Chief Guard (Mandaturi) makes the record of enlisted members who missed the sessions with no reason and transfers that to the department of Financial Support of the Parliament for the subtraction of the salary.

10. If the committee Chair does not hold a committee sitting twice on end during a calendar month, a penalty amounting to 50% of salary will be imposed on him/her. The Bureau of the Parliament discusses the reason of non-holding the committee sitting and is authorized to raise the issue of removing the committee Chair from the position at the plenary sitting according to the established rule.

11. According to the rules in sections 6, 8, and 9 the subtraction to the salaries of MPs must be no more than 50% of MPs salary.

12. Responsibility determined in sections 8 and 9 of this article is not apply to MP during the special sitting or session.

13. On monthly basis, a committee compiles a list of the MPs who miss the committee sittings, with indication of the number and dates of the sittings missed by each of them. The list of the MPs who miss the committee sittings is handed over to the Committee on Procedural Issues and Rules, which examines the validity of the data and ensures its publication and posting on Parliament’s web page.

12. After each session, the (Guard) Chief Guard office of the Parliament compiles a list of MPs who miss the plenary sessions of the Parliament, with indication of factions and the number and dates of the sittings missed by each of them for unjustifiable reasons. The list of members who miss the Plenary Session for unjustifiable reasons is handed to the Committee on Procedural Issues and Rules that ensures its publication and putting on Parliament’s web page.

 

Article 287

1. An MP, who was subject to the sanctions outlined in paragraphs 6-10 of Article 286 of this Rules of Procedure, has a right to submit a well-reasoned protest in writing before the next plenary sitting of the Parliament starts. The protest is accepted for consideration if the majority of those present vote for it. The Chair (Speaker) of the Parliament decides on the protest issue.

2. After imposing any form of sanction on an MP, the next speakers have no right to discuss the issue of urging for an order.

 

Article 288

It is not permitted to alter a draft law or decree adopted by Parliament, other legislative act, protocol and other documents of the Parliament after the final voting. Such behavior results in provided responsibility.

 

CHAPTER LV

Responsibility of Other Public Officials for the Violation of the Rules of Procedure

 

 

Article 289

1. Responsibility for the violation of regulations according to the law and present regulations is laid on the Members of Government, officials appointed, elected, or confirmed by

Parliament, as well as on the officials who shall participate in Parliamentary activities.

2. Responsibility is laid upon an official in case of the following violation, when an official:

a. Does not come to the consideration of an issue despite receiving an official invitation;

b. Violates procedures set for the answering a question put to him/her by an MP;

c. Does not attend a Parliamentary hearing;

d. Provides the Parliament with false or wrong information;

e. Does not implement Parliament’s decrees and recommendations;

f. Prevents an MP from carrying out his/her rights and duties as granted by this Rules of Procedure and other legislation of Georgia and normative acts.

3. The Committee on Procedural Issues and Rules in all cases considered by paragraph 2 of this article appeals to the Bureau of the Parliament to react to every such case individually.

           

 

Article 290

1. In case the Rules of Procedure are violated the Parliament of Georgia shall use the following forms of reaction:

a. It adopts a decree or resolution to appropriately punish the official in question as envisaged by the constitution of Georgia;

b. It presents a motion to the heads of the state agencies on the responsibility of the officials working under their supervision.

2. The guest of the plenary sitting of the Parliament is obliged to observe order. S/he is prohibited to act in a way that prevents Parliament or an MP from carrying out state functions. During voting, the guest must abstain himself/herself from expressing his/her personal attitude towards the voting results. The Chair of the plenary sitting has the right to request that a disruptive guest leaves the hall.

 

CHAPTER LVI

Ensuring Parliament’s Security

 

Article 291

1. Security of the Parliament and the MPs in accordance with legislation is provided by the special service of state security.

2. The relevant committee of the Parliament together with the special service of state security designs a regime of security in the Palace of the Parliament and in its vicinity. The Chair

(Speaker) of the Parliament approves the regime.

3. By the assignment of the Chair (Speaker) of the Parliament, the relevant committee studies and discusses the activity of the special service of state security with regards to ensuring security in and around Parliament.

4. It is forbidden, for MPs as well, to carry firearms in Parliament building. Exceptions to this rule are envisaged by Georgian legislation and the rules ensuring security of the Parliament building and its surrounding.

5. The member of the Government of Georgia, officials elected, appointed or approved by Parliament, also the official appointed upon the consent of the Parliament, is given an ID to move in the Palace of the Parliament in compliance with the sample approved by the signature of the Chair (speaker).

 

PART XIV

TRANSITIONAL AND CONCLUSIVE PROVISIONS

CHAPTER LVII (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 292 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 293 (deleted)

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Article 294 (deleted)

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Article 295 (deleted)

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Article 296 (deleted)

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Article 297 (deleted)

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Article 298 (deleted)

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Article 299 (deleted)

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Article 300 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 301 (deleted)

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Article 302 (deleted)

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Article 303 (deleted)

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Article 304 (deleted)

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Article 305 (deleted)

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Article 306 (deleted)

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Article 307 (deleted)

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Article 308 (deleted)

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Article 309 (deleted)

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Article 310 (deleted)

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Article 311 (deleted)

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Article 312 (deleted)

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Article 313 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 314 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 315 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 316 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 317 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 318 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 319 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 320 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

Article 321 (deleted)

The Rules of Procedure of the Parliament of Georgia #1688, November 29, 2013 – website, 10.12.2013.

 

                                                            Chapter LVIII

   Transitional and Conclusive Provisions

 

Article 322

 

Upon reinforcement of this Rules of Procedure, The Rules of Procedure adopted on February 17th, 2004 shall become invalid (Sakartvelos Sakanonmdeblo Matsne, №8, 25.03.2004, Article. 38).

 

Article 323

  1. This Rules of Procedure, except paragraph 3 of Article 1, sub-paragraph “b” of  paragraph 3 of Article 16,  Article 127, paragraph 2 of Article 143, paragraphs 6 and 9  of Article 147, paragraph 2 of Article 149, paragraph 2 of Article 153, paragraph 3 of Article 157, paragraph 1 of Article 167, paragraph 4 of Article 171, Article 173, paragraph 1 of Article 182, paragraphs 6 and 8 of Article 186, Articles 190, 191, 201, 204, 208, 210 and 211, paragraphs 1, 3 and 5 of Article 221, Articles 231, 234, 253,254 and 273, shall come into effect from the day of publication of the summary protocol of results for the regular Parliamentary Elections in 2012.
  2. Paragraph 3 of Article 1, sub-paragraph “b” of  paragraph 3 of Article 16,  Article 127, paragraph 2 of Article 143, paragraphs 6 and 9  of Article 147, paragraph 2 of Article 149, paragraph 2 of Article 153, paragraph 3 of Article 157, paragraph 1 of Article 167, paragraph 4 of Article 171, Article 173, paragraph 1 of Article 182, paragraphs 6 and 8 of Article 186, Articles 190, 191, 201, 204, 208, 210 and 211, paragraphs 1, 3 and 5 of Article 221, Articles 231, 234, 253, 254 and 273 of this Rules of Procedure shall come into effect from the day when President, elected as a result of October 2013 elections, takes the President’s oath.