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About Georgia

from 30 April, 1999

 

The Constitution of Georgia : The President of Georgia
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THE CONSTITUTION OF GEORGIA
<< Chapter Three Contents Chapter Five >>

CHAPTER FOUR
The President of Georgia

Article 69

  1. The President of Georgia is the Head of State and exercises executive power.
  2. 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.
  3. The President of Georgia is the supreme representative of Georgia in foreign relations.

Article 70

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. During a state of emergency, or a martial law, no elections can be held.
  9. The first round of regular elections for the Presidency is held on the second Sunday of April five years after the previous elections.
  10. The procedures for the election of the President are determined by the Constitution and organic law.

Article 71

  1. 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."
  2. The ceremony mentioned in the first item of this Article is to take place on the third Sunday after the holding of Presidential elections.

Article 72

The President can hold no other position, carry out commercial activity or receive another salary or compensation from any other occupation.

Article 73

  1. The President of Georgia:
    1. 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;
    2. appoints members of government ministers with the consent of Parliament;
    3. removes ministers;
    4. receives the resignation of ministers and other officials; is authorized to require them to perform their duties until a new government is appointed;
    5. submits the draft of the state budget to the Parliament after the agreement with the Parliamentary committees over the main principles and directions;
    6. submits to the Parliament the appointment and dismissal of officials in cases envisaged in the Constitution, law and rules;
    7. 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 this item;
    8. 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;
    9. issues decrees and orders, on the basis of the Constitution and the law;
    10. signs and issues laws by the procedure established by the Constitution;
    11. decides questions on granting citizenship and asylum;
    12. awards state honors, high ranking military awards, special and honorary titles, and highest diplomatic ranks;
    13. grants pardons.
  2. The President sets elections for the Parliament and representative bodies by the rules determined by law.
  3. The President is authorized to abrogate acts of bodies of the executive branch accountable to him.
  4. 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.
  5. 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.
  6. The President exercises other authorities determined by the Constitution and law.

Article 74

  1. 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.
  2. 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.
  3. Questions connected with fixing and holding referenda are determined by organic law.

Article 75

  1. The President has personal immunity. While occupying position, his arrest or bringing criminal proceedings against him is impermissible.
  2. 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:
    1. for violation of the Constitution if this is confirmed by the Constitutional Court;
    2. For high treason or other capital crimes if confirmed by the decision of the Supreme Court.

Article 76

  1. 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.
  2. 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.
  3. 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 Parliament.

Article 77

  1. 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.
  2. 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.
  3. In the event of the removal of a minister, a new minister is nominated and submitted to the Parliament within two weeks.

Article 78

  1. Parliament confirms the structures and procedures of activity of the executive branch upon the submission of the President.
  2. The armed forces, state security forces, and the police shall not be united.

Article 79

  1. Members of government are responsible to the President
  2. Members of government submit their resignations to the President.

Article 80

  1. 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.
  2. Member of government is authorized to resign by the procedure determined by law.
  3. 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.

Article 81

  1. Ministries are created on the basis of law in the fields necessary for the functioning of the state and public life.
  2. 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 implementation.
  3. A State Minister who directs chancellery and fulfils separate tasks under the direction of the President is considered to be part of the government.
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