The President of Georgia
- The President of Georgia
is the Head of State and exercises executive power.
- The President of Georgia
is responsible for and exercises domestic and foreign policy of the
state. He guarantees the unity and integrity of the country and the
activity of state bodies according to the Constitution.
- The President of Georgia
is the supreme representative of Georgia in foreign relations.
- The President shall be
elected in free, universal, equal and direct suffrage by secret ballot
for a term of five years. The same person can only serve two
consecutive terms as President.
- Any citizen of Georgia who
is eligible to vote, has attained the age of thirty five, has lived in
Georgia for at least fifteen years and is living in Georgia on the day
elections are scheduled may be elected as the President of Georgia.
- The right to nominate a
candidate for the Presidency is vested in a political party or an
initiative group whose initiative is confirmed by the signatures of
not less than fifty thousand electors.
- A candidate is considered
elected who receives the absolute majority of votes of the
participants, if more than half of the total number of electors have
participated in the elections.
- If elections are held, but
none of the candidates received the necessary votes, then the second
round of the elections is held in two weeks time.
- The second round of
elections is held between the two candidates who had the best results
in the first round. The candidate who receives more votes will be
considered elected President if at least one third of the total number
of electors participated in the ballot.
- In the event that
elections are acknowledged not to have been held or to have been held
but the only candidate balloting in the first round did not receive
enough votes or a President was not elected on the second round, new
elections are to be held within two months.
- During a state of
emergency, or a martial law, no elections can be held.
- The first round of regular
elections for the Presidency is held on the second Sunday of April
five years after the previous elections.
- The procedures for the
election of the President are determined by the Constitution and
- Before occupying his
position the newly elected President makes a speech delivering his
program and swears: " I, The President of Georgia, solemnly
pledge before God and my nation to defend the Constitution of Georgia,
the independence, the unity and indivisibility of my country. I will
honestly perform the duties of President. I will protect the welfare
and security of my people, and will cherish the revival and power of
my nation and my homeland."
- The ceremony mentioned in
the first item of this Article is to take place on the third Sunday
after the holding of Presidential elections.
The President can hold no
other position, carry out commercial activity or receive another
salary or compensation from any other occupation.
- The President of Georgia:
- concludes international
agreements and treaties, negotiates with foreign states, with the
consent of Parliament, appoints and relieves ambassadors and other
diplomatic representatives, receives and accredits ambassadors and
other diplomatic representatives of foreign states and international organizations;
- appoints members of
government ministers with the consent of Parliament;
- removes ministers;
- receives the resignation
of ministers and other officials; is authorized to require them to
perform their duties until a new government is appointed;
- submits the draft of the
state budget to the Parliament after the agreement with the
Parliamentary committees over the main principles and directions;
- submits to the Parliament
the appointment and dismissal of officials in cases envisaged in the
Constitution, law and rules;
- in the case of war,
massive disorder, violation of territorial integrity of the country,
military coup, armed insurrection, ecological disaster or epidemic or
in other cases when bodies of the state are deprived of their
authority - declares a state of emergency throughout the whole
territory of the state or its parts and submits it to Parliament
within forty eight hours for approval. In the case of a state of
emergency, the President is authorized to issue decrees with the power
of law and take special measures. The decrees are submitted to the
Parliament when it gathers. Emergency authorities extend only on the
territory where the emergency is declared for the reasons mentioned in
- halts or dismisses the
activity of representative bodies of local self-government, or
territorial units if their activity endangers the sovereignty and
territorial integrity of the country or the exercise of Constitutional
authority of state authorities within the country;
- issues decrees and orders,
on the basis of the Constitution and the law;
- signs and issues laws by
the procedure established by the Constitution;
- decides questions on
granting citizenship and asylum;
- awards state honors, high
ranking military awards, special and honorary titles, and highest
- grants pardons.
- The President sets
elections for the Parliament and representative bodies by the rules
determined by law.
- The President is authorized
to abrogate acts of bodies of the executive branch
accountable to him.
- The President is the
supreme commander in chief of the armed forces of Georgia. He appoints
Members of the National Security Council, presides over its sittings
and appoints and dismisses generals.
- The President is authorized
to address people and the Parliament, and once a year he
submits a report to Parliament on the most important questions
concerning the state.
- The President exercises
other authorities determined by the Constitution and law.
- By the request of not less
than two hundred thousand electors or on his own initiative, the
President fixes a referendum within thirty days following receipt of
such a request on the issues determined by the Constitution and law.
- Holding a referendum for
the adoption or the abrogation of law, amnesty or pardon or on
ratification or rejection of treaties and international agreements and
on questions which restrict principle Constitutional human rights and
freedoms is prohibit ed.
- Questions connected with
fixing and holding referenda are determined by organic law.
- The President has personal
immunity. While occupying position, his arrest or bringing criminal
proceedings against him is impermissible.
- Parliament has the right
to relieve the President of his duties according to the procedures of
Article 63 of the Constitution and according to procedures determined
by organic law, for violation of the Constitution , or high treason or
other capital crimes:
- for violation of the
Constitution if this is confirmed by the Constitutional Court;
- For high treason or other
capital crimes if confirmed by the decision of the Supreme Court.
- In cases where the
President is unable to perform his duties or in the case of pre-term
expiration, the powers of the President are delegated to the Chairman
of Parliament. Within this period the duties of the Chairman of
Parliament are performed by one of his substitutes.
- A person holding the
position of President in these cases cannot use the rights set forth
in Article 73 clauses "c", "i", and the rights
envisaged in Article 74 clause one.
- Elections for the
President are held within forty five days after the expiration of the
President's duties and its holding is the responsibility of the
- After taking the oath, the
President, in order to exercise his executive role, accepts the
resignation of the government but he can charge it to perform its
duties until a new government is formed. The President is obliged to
form a government within two weeks and submit it for ratification to
Parliament. After consideration by the appropriate Parliamentary
committee, the Parliament confirms it by the majority of the total
number of deputies.
- In cases where Parliament
does not ratify the government, the President is authorized to submit
the same government for ratification or a new one. The same government
can be submitted twice. The procedure for a second submission is
determined by la w.
- In the event of the
removal of a minister, a new minister is nominated and submitted to
the Parliament within two weeks.
- Parliament confirms the
structures and procedures of activity of the executive branch upon the
submission of the President.
- The armed forces, state
security forces, and the police shall not be united.
- Members of government are
responsible to the President
- Members of government
submit their resignations to the President.
- Member of the government
may hold no other position, except a party position, may not be
involved in commercial activities nor receive a salary or other
permanent remuneration from any other activity.
- Member of government is authorized
to resign by the procedure determined by law.
- The removal of a member of
government is possible only by the President or by the Parliament by
the rules determined in Article 64 of this Constitution.
- Ministries are created on
the basis of law in the fields necessary for the functioning of the
state and public life.
- Ministry is directed by a
minister who takes decisions independently on matters under his
jurisdiction. Ministers issue orders on the basis of law and for its
- A State Minister who
directs chancellery and fulfils separate tasks under the direction of
the President is considered to be part of the government.