LAW ON GOVERNMENT
Law
of the Autonomous Republic of Ajara On
Structure, Authorities, And
Rules for Activities of
Government of the
Autonomous Republic of Ajara
The Law shall determine the structure, authorities and rules for activities
of the Government of the Autonomous Republic of Ajara, and the Government
relations with other administrative authorities of Georgia and the Autonomous
Republic of Ajara.
CHAPTER ONE
General Provisions
Article
1
1. The Government of the Autonomous Republic of Ajara (hereinafter referred
to “the Government”) shall be the supreme executive branch of the
Autonomous Republic of Ajara, which manage and ensure the exercise of the
executive power of the Autonomous Republic of Ajara.
2. The
Government shall be in the composition of the executive power system
of Georgia.
3. The
Government shall be composed by the Chairman and ministers of the
Autonomous Republic of Ajara.
Article 2
1. The structure, authority, and procedure of the Government activity shall
be determined by the Constitutional Law of Georgia “On Status of the
Autonomous Republic of Ajara”, proper legal acts of Georgia, normative
acts by President of Georgia, the Constitution of the Autonomous Republic of
Ajara, the present law, and other appropriate legal acts.
2. While
exercising its authorities, the Government shall follow its activity
program that shall correspond to the prior principles and directions
of the program of the Government of Georgia. The activity program
shall be given a veto of confidence by the Supreme Council of the
Autonomous Republic of Ajara.
3. Within
the frameworks of its authorities the Government shall be authorized
to make individual decisions on any issues regarding the Autonomous
Republic of Ajara that are out of competence of the Supreme Council
of the Autonomous Republic of Ajara.
Article 3
1. The Government shall exercise its power though ministries and departments.
2. No
structural organ/body shall be formed at the Government unless
determined by the present law.
Article 4
1. The Government shall be responsible before the President of Georgia and
the Supreme Council of the Autonomous Republic of Ajara.
CHAPTER TWO
Rules on Government Formation
Article
5
1. The President of Georgia within 10 days from gaining the confidence to the
new composition of the Supreme Council of the Autonomous Republic of Ajara
and/or the dismissal and withdrawal of the authority of the Chairman of the
Government of the Autonomous Republic of Ajara shall submit a candidate of
the Chairman of the Government to the Supreme Council of the Autonomous Republic
of Ajara for confidence. The confidence of the Chairman of the Government
shall be gained by the majority of the total number of the members of the Supreme
Council of the Autonomous Republic of Ajara.
2. In
case a candidate of the Chairman of the Government does not gain
the confidence of the Supreme Council of the Autonomous Republic
of Ajara, the President of Georgia shall submit the same or a
new candidate to the Supreme Council within 10 days term.
3. In case a candidate of the Chairman of the Government thereof does not gain
the confidence of the Supreme Council for twice, the President of Georgia shall
dissolve the Supreme Council.
4. The
Supreme Council of the Autonomous Republic of Ajara shall be obliged
to present proved arguments against giving confidence to the candidate
of the Chairman of the Government of the Autonomous Republic of
Ajara submitted by the President of Georgia.
Article 6
1. Within 10 days from gaining confidence the Chairman of the Government of
the Autonomous Republic of Ajara by the consent of the officials of proper
authorities of the Government of Georgia shall submit the composition of the
Government to the Supreme Council of the Autonomous Republic of Ajara for
confidence. The confidence of the Supreme Council shall be gained by the majority
of the session, but not less than one third of the total number of the members
of the Supreme Council.
2. In
case a composition of the Government does not gain the confidence
of the Supreme Council, the Chairman of the Government shall submit
the same or a new composition of the Government to the Supreme
Council within a term of a week.
3. Abolished
(“Legislation News of the Autonomous Republic of Ajara”,
No 15, September 2004).
Article 7
1. In case of termination of authorities of the other member of the Government
the Chairman shall appoint a new member of the Government by the consent of
the officials of proper authorities of the Government of Georgia.
2. After
the declaration of confidence to the Government, in case of renewal
of the first composition of the Government by half of its members,
the Chairman of the Government shall submit a composition of the
renewed Government to the Supreme Council for confidence. Declaration
of confidence to the composition of the Government by the Supreme
Council shall be exercised in accordance with a procedure determined
by the present Article.
CHAPTER
THREE
Government Competence
Article
8
In the frameworks of constitutions and legal acts of Georgia and the Autonomous
Republic of Ajara, the Government shall:
a) coordinate and control activities of ministries and departments of the Autonomous
Republic of Ajara;
b) adopt statutes and regulations for ministries and departments of the Autonomous
Republic of Ajara;
c) adopt rules for councils at the Government in order to reveal and solve
particular issues;
d) be authorized to cease legal acts issued by municipal (Mayor) or regional
councils for one month term;
e) adopt rules and regulations, structure and staff management for the Government
Administration;
f) be authorized to cease legal acts issued by ministries or departments of
the Autonomous Republic of Ajara;
g) have right to legislative initiative to the Supreme Council of the Autonomous
Republic of Ajara;
h) draft the Government activity program subject to be given a confidence by
the Supreme Council of the Autonomous Republic of Ajara;
i) draft the State Budget of the Autonomous Republic of Ajara upon submission
of main parameters to the Committee for Budget, Finance and Economy at the
Supreme Council of the Autonomous Republic of Ajara for approval;
j) provide the Budget fulfillment after its approval, and report the fulfillment
information to the Supreme Council of the Autonomous Republic of Ajara once
in every four months;
k) support free development of business and entrepreneurship and provide stable
and competitive investment environment on the territory of the Supreme Council
of the Autonomous Republic of Ajara;
l) manage property of the Autonomous Republic of Ajara;
m) provide social care protection activities;
n) draft special programs to reduce unemployment and provide their fulfillment
within its authorities;
o) ensure implementation of unified state policy of Georgia in the fields of
education and science on the territory of the Supreme Council of the Autonomous
Republic of Ajara; also manage local educational and cultural institutions,
and protect cultural monuments, libraries and museums in the Region;
p) be actively involved in solving issues of economic, social and healthcare
protection;
q) protect regional highways and support development of local communications;
r) provide local construction and urban development;
s) create proper environment for tourism and sport development in the Autonomous
Republic of Ajara;
t) manage agriculture and forestry, control food quality on the territory of
the Autonomous Republic of Ajara;
u) supervise payments of local tax and revenues in the frameworks of law;
w) provide environment and natural resources protection and rational utilization;
x) manage necessary archival service for the Autonomous Republic of Ajara;
y) implement other authorities determined by legislations of Georgia and the
Autonomous Republic of Ajara.
Article 9
1. The Government shall issue legal acts and orders.
2. The
legal acts issued by the Government shall be considered as normative
acts, and the orders shall be considered as individual legal acts.
All acts or orders shall be drafted, adopted and issued on the
basis of the Law on Legal Acts of the Autonomous Republic of Ajara.
3. The
legal acts issued by he Government shall be exercised all over
the whole territory of the Autonomous Republic of Ajara.
4. The
governmental legal acts shall be signed by the Chairman of the
Government of the Autonomous Republic of Ajara.
Article 10
1. The authority of the Government of the Autonomous Republic of Ajara shall
be terminated upon:
a) retire by its own decision;
b) the first convocation of the newly elected Supreme Council of the Autonomous
Republic of Ajara;
c) termination of the authority of the Chairman of the Government;
d) declaration of non-confidence to the Government by the majority of two-thirds
of the total number of the Supreme Council of the Autonomous Republic of Ajara;
e) dismissal by the President of Georgia on the basis of procedure determined
by the Constitutional Law on the Status of the Autonomous Republic of Ajara;
2. In
case of circumstances provided by subparagraphs “a”-“c” of
the present Article, the Government shall continue its activity
before declaring confidence to a new Government.
3. In
case of circumstances provided by subparagraphs “d”-“e” of
the present Article, the Government activity shall be exercised
by the State Envoy of the President of Georgia to the Autonomous
Republic of Ajara, and the Administration of the State Envoy.
CHAPTER FOUR
Government Officials
Article
11
1. The Government shall be led by the Chairman.
2. The
Chairman of the Government shall:
a) be the higher representative of the Autonomous Republic of Ajara;
b) determine and organise the activity of the Government, determine main directions
of the activity of the Government according to the legislations of Georgia
and the Autonomous Republic of Ajara;
c) exercise co-ordination and control over the activity of the members of the
Government;
d) be responsible for the activity of the Government before the President of
Georgia and the Supreme Council of the Autonomous Republic of Ajara;
e) summon and chair the Government sittings, sign orders and normative acts
issued by the Government;
f) exercise co-ordination of the Government relations with local self-governing
bodies;
g) submit the composition of the Government to the Supreme Council of the Autonomous
Republic of Ajara for confidence upon the consent of the officials of proper
authorities of the Government of Georgia;
h) be authorised to dismiss the members of the Government of the Autonomous
Republic of Ajara;
i) appoint and/or dismiss the members of the governmental sub-departments submitted
by the proper Minister;
j) appoint and dismiss other officials in accordance with a procedure and in
cases envisaged by law;
k) be authorised to suspend or abrogate acts of the ministers and the bodies
of the executive power of the Autonomous Republic of Ajara;
l) initiate draft laws to the Supreme Council of the Autonomous Republic of
Ajara;
m) submit the draft laws on the State Budget to the Supreme Council of the
Autonomous Republic of Ajara for confidence;
n) sign and issue the Constitution and other legal acts of the Autonomous Republic
of Ajara;
o) issue an individual legal act – an order, exercise full administrative
functions in the building of the Government within his/her authority;
p) award state honours and/or put disciplinary sanctions over the members of
the Government within his/her authority;
q) manage the state property of the Autonomous Republic of Ajara according
to the legislations of Georgia and the Autonomous Republic of Ajara;
r) exercise other powers determined by the legislations of Georgia and the
Autonomous Republic of Ajara.
Article 12
The Chairman of the Government shall not have the right to be a member of the
Supreme Council of the Autonomous Republic of Ajara, hold any position, establish
an enterprise, engage in entrepreneurial activity or receive a salary from
any other activity, with the exception of scientific and pedagogical activity.
Article 13
1. The authority of the Chairman of the Government of the Autonomous Republic
of Ajara shall be terminated upon:
a) retire by his/her own decision;
b) retire of the Government;
c) the first convocation of the newly elected Supreme Council of the Autonomous
Republic of Ajara;
d) declaration of non-confidence to the Government by the majority of two-thirds
of the total number of the Supreme Council of the Autonomous Republic of Ajara;
e) declaration of non-confidence to the Government of the Autonomous Republic
of Ajara by the President of Georgia;
f) final judgment of conviction is rendered by a court against him/her;
g) recognition by a court as legally incapable, missing or dead;
h) occupation of a position or engagement in an activity incompatible with
the status of the Chairman of the Government;
i) loss of Georgian citizenship;
j) death.
Article 14
1. The Chairman of the Government of the Autonomous Republic of Ajara shall
charge one of the members of the Government with the exercise of the responsibilities
of the Deputy Chairman. The Chairman shall be entitled to terminate the authority
of the Deputy Chairman.
2. The
Deputy Chairman shall exercise directives given by the Chairman,
and perform the responsibilities of the Chairman in case of inability
of the Chairman to discharge his/her authority or his/her dismissal.
3. Under
the circumstances determined by Article 13, except the terms defined
in paragraphs “b”, “c”, “d”,
and “e” of the same Article, the Deputy Chairman shall
perform the responsibilities of the Chairman under the instructions
of the latter, and a member of the Government shall perform the
responsibilities of the Deputy Chairman under the instructions
of the latter.
4. Under
the circumstances defined in paragraphs “b” and “c” of
Article 13, resigned or dismissed Chairman shall perform his/her
duties until the appointment of a new composition of the Government.
5. Under
the circumstances defined in paragraphs “d” and “e” of
Article 13, the duty of the Chairman shall be performed by a State
Envoy of the President of Georgia to the Autonomous Republic of
Ajara.
6. Resignation
or dismissal of the Deputy Chairman of the Government shall not
result in termination of his/her authority as a member of the Government.
Article 15
Under the circumstances defined in Paragraph 2 of Article 14 the Deputy Chairman
of the Government while exercising responsibilities of the Chairman of the
Government shall not be authorised to:
a) dismiss a Minister and/or head of any sub-department of the Autonomous Republic
of Ajara;
b) manage the property of the Autonomous Republic of Ajara;
c) have right to legislative initiative on Constitutional law and draft laws
to the Supreme Council of the Autonomous Republic of Ajara;
d) submit the draft laws on the State Budget to the Supreme Council of the
Autonomous Republic of Ajara.
CHAPTER FIVE
Procedure of the Government Activity
Article
16
1. The Government shall exercise its activity though the Government sittings.
2. The
Government sitting shall be summoned upon the necessity but at
least once a month.
3. The
Chairman of the Government, or upon his/her order the Deputy Chairman,
shall be authorised to convene and preside over the sittings of
the Government.
4. The
Chairman and the members of the Government shall personally attend
the Government sittings. In case a minister is not able to attend
the sitting, he/she shall inform the Chairman in advance. Upon
the decision of the Chairman the sitting shall be attended by other
invited persons.
5. Sittings
of the Government shall be public. Under the circumstances determined
by the law the Government shall be entitled to declare a sitting
or a part thereof closed while discussing a particular issue.
6. Procedure
of the activity, regulations on issues for discussion, drafting
agenda, and chairing the sitting of the Government shall be determined
by the Government Regulations. The Regulations shall be submitted
to the Government by the Chairman for adoption.
7. The
Government sitting shall begin its work if the authority of not
less than half of the members of the Government is confirmed. The
decisions shall be adopted by the majority of the total number
of the members of the Government. In case of equal vote the Chairman
of the sitting shall be entitled to have the deciding vote.
8. The
Government decision shall be drawn in form of order that is signed
by the Chairman of the Government.
Article
17
1. With the view of organising the work, and providing informative, legal and
analytical activity of the Government, a Government Administration shall be
set up.
2. The
Government Administration shall be led by the Chairman of the Government.
3. Current
activity of the Government Administration shall be managed by Head
of the Administration. The Chairman of the Government shall appoint
and dismiss the Head of the Administration.
4.
The Head of the Administration shall:
a) manage and coordinate activity of the structural sub-divisions of the Administration;
b) submit candidates of heads of sub-departments and other staff to the Chairman
of the Government for adoption;
c) submit proposals for awarding state honours and/or put disciplinary sanctions
over the members of the Administration to the Chairman of the Government;
d) supervise the Administration staff activity within his/her authority;
e) attend the Government sittings with the right of deliberative vote, sign
attachments to the acts issued by the Chairman of the Government, and documentations
relating to the Administration activity;
f) represent the Government Administration in relations with other state bodies
and public organisations;
g) exercise other powers determined by the Rules and Regulations of the Government
Administration and granted by the Chairman of the Government.
Article 18
Structure, authority, organising work and staff schedule of the Government
Administration shall be determined by the present Law and proper government
order.
CHAPTER
SIX
The Government Advisory Organs
Article
19
1. The Chairman of the Government and/or the Government shall be entitled to
form advisory committees in order to prepare and make decisions on certain
issues within its authority.
2. Authority,
decision-making and proposal drafting rules of the advisory committee
shall be determined while forming the advisory committee by the
Chairman and/or the Government.
3. The
advisory committee shall be entitled to request any documents from
the state organisations.
4. Decisions
and proposals drawn by the advisory committee shall be submitted
to the Chairman, the Government, and the Government members within
determined time.
5. A
person shall become the advisory committee member only upon his/her
consent.
CHAPTER
SEVEN
The Ministries
Article
20
1. The Ministry of the Autonomous Republic of Ajara (hereinafter referred
to “the Ministry”) shall be created according to the present Law,
with the view of ensuring state government and state policy in particular field
of state and public life of the Autonomous Republic of Ajara.
2. There
are following ministries in the Autonomous Republic of Ajara
a) The Ministry of Finance and Economy;
b) The Ministry of Labour, Social and Health Care;
c) The Ministry of Education, Culture and Sport;
d) The Ministry of Agriculture.
Article 21
1. The Ministry shall be accountable to the Government of the Autonomous Republic
of Ajara and the proper government structures of Georgia. The Ministry within
its authorities shall exercise orders issued by the Chairman of the Government.
2. The
Ministry shall have the Regulations, the balance and banking account
at the State Treasury, bookkeeping, and its official seal.
3. The
Ministry shall make decision solemnly in case other is not determined
by law.
4. The
Ministry shall exercise its activity in accordance with the Constitution
of Georgia, the Constitutional Law of Georgia “On the Status
of the Autonomous Republic of Ajara”, the Legislation of
Georgia, the normative acts issued by the President of Georgia,
the Constitution of the Autonomous Republic of Ajara, the present
Law and other proper legal acts.
5. The
Ministry shall be financed by the State Budget of the Autonomous
Republic of Ajara. The Ministry shall bear responsibility on purposeful
utilization of the budgetary sum upon the Legislation of Georgia.
Article 22
1. The Ministry authority shall be determined by the Regulations of the Ministry.
2. In
case an issue is a subject to several ministries and no ministry
is determined to make decision, the decision shall be made by the
Government.
3. In
case an issue is a subject to the executive power of the Autonomous
Republic of Ajara but no ministry bear responsibility, the decision
shall be made by the Government.
Article 23
1. The Ministry Regulations shall be submitted by the proper Minister to the
Government for adoption.
2. The
Ministry Regulations shall include:
a) full name of the Ministry and its legal address;
b) aims and activities of the Ministry;
c) management organization and officials authorities;
d) system, structure, main priorities and authorities of structural sub-divisions;
e) other essential issues for the Ministry activity.
Article 24
1. The Ministry shall be headed by a Minister. The Chairman of the Government
of the Autonomous Republic of Ajara by the consent of the officials of proper
authorities of the Government of Georgia shall submit the candidate of the
Minister to the Supreme Council of the Autonomous Republic of Ajara for confidence.
2. The
Minister shall:
a) head the Ministry, lead its activity and make decisions on issues within
his/her authority;
b) bear responsibility on implementing the constitutions and legislations of
Georgia and the Autonomous Republic of Ajara, including orders issued by the
Government of the Autonomous Republic of Ajara;
c) supervise implementation of their authorities by structural sub-divisions
and sub-departments of the Ministry;
d) control activities and decisions made by the public officials of the Ministry;
e) appoint and dismiss the Ministry and/or its dub-department staff within
his/her competence according the rules determined by the law;
f) submit the annual Budget income and expenditure data to the Chairman of
the Government, and make decision on purposeful utilization of the Budget sum;
g) attend the Government sessions;
h) exercise other obligations according to the legislations of Georgia and
the Autonomous Republic of Ajara, orders issued by the Government of the Autonomous
Republic of Ajara, directives given by the Chairman of the Government.
3. The
Minister shall be entitled to form advisory committees and councils
in order to solve certain issues within his/her authority.
4. Authority,
decision-making and proposal drafting rules of the advisory committee
shall be determined while forming the advisory committee by the
Minister within his/her competence.
5. The
advisory committee shall be entitled to request any documents from
the state organisations.
6. Decisions
and proposals drawn by the advisory committee shall be submitted
to the Minister within determined time.
7. A
person shall become the advisory committee member only upon his/her
consent.
8. The Minister shall be responsible for state property protection and utilisation
according to the rules determined by the law.
Article 25
1. The Minister shall issue an order to exercise authorities determined by
the legislations of Georgia and the Autonomous Republic of Ajara, and resolutions
issued by the Government of the Autonomous Republic of Ajara.
2. The
Minister shall issue individual legal or normative acts. Drafting,
issuing and coming into force of the abovementioned acts shall
be determined by the Law of the Autonomous Republic of Ajara on “Normative
Acts”.
3. The
Minister signing the order shall be responsible for its advisability
and correspondence to the law.
4. Implementation
of a normative act issued by the Minister shall be obligatory on
the territory of the Autonomous Republic of Ajara, in case other
is not determined by the act.
5. In case an issue is subject to several ministries, a joint order shall be
issued upon the unified consent. In case of disagreement, the decision shall
be made by the Government.
Article 26
1. The Minister of the Autonomous Republic of Ajara shall not have the right
to be a member of the Supreme Council of the Autonomous Republic of Ajara,
and hold any position, except for a party position, either establish an enterprise,
engage in entrepreneurial activity or receive a salary from any other activity,
with the exception of scientific and pedagogical activity.
Article 27
1. The authority of the Minister shall be terminated upon:
a) retire by his/her own decision;
b) dismissal by the Chairman of the Government;
c) termination of the Government authority;
d) final judgment of conviction is rendered by a court against him/her;
e) recognition by a court as legally incapable, missing or dead;
f) occupation of a position or engagement in an activity incompatible with
the status of the Minister;
g) loss of Georgian citizenship;
h) death.
Article 28
1. The Minister shall have deputy ministers, and charge one of the deputy ministers
with the exercise of the responsibilities of the First Deputy Minister. The
Chairman of the Government shall appoint and/or dismiss the Deputy Minister
upon the submission of the Minister.
2. The
Deputy Minister shall coordinate implementation of activities by
specific structural branches, and supervise fulfilment of orders
and directives issued by the Minister.
3. The
First Deputy Minister shall perform the responsibilities of the
Minister in case of absence of the Minister, inability of the Minister
to discharge his/her authority or his/her dismissal.
4. Resignation
of the Minister or termination of his/her authority shall result
in termination of the authority the deputy ministers.
5. Abolished
(“Legislation News of the Autonomous Republic of Ajara”,
No 15, September 2004).
Article
281
1. Creation, reformation, and cease of a territorial organ of the Ministry
shall be a subject to the Government consideration.
2. A
territorial organ of the Ministry shall be the representative body
of the Ministry in proper administrative area.
3. Structure
and activity rules and regulations shall be submitted by the Head
of the territorial organ to the Minister for adoption. The Rules
and Regulations of the territorial organ shall be a subject to
Paragraph 2 of Article 23 of the present Law considering specific
demands of the territorial organ.
4. Head
of the territorial organ shall be appointed and dismissed by the
Minister (“Legislation News of the Autonomous Republic of
Ajara”, No 15, September 2004).
CHAPTER
EIGHT
Government Sub-Departments
Article
29
1. The sub-department shall be a part of the executive branch subject to the
Government and/or the Ministry of the Autonomous Republic of Ajara.
2. Sub-departments
shall include:
a) government sub-department;
b) ministry sub-department.
Article
30
1. The sub-department shall be formed in order to implement state and public
functions in social, economic, cultural, etc. fields being subject to the authority
of the Autonomous Republic of Ajara.
2. The
sub-department shall be created, reformed, and ceased according
to the present Law or a Government decision.
3. Structure
and activity rules and regulations of a government sub-department
shall be adopted by the Government. Structure and activity rules
and regulations of a ministry sub-department shall be adopted by
the Government upon submission by the proper Minister. The Rules
and Regulations of the sub-department shall be determined by Paragraph
2 of Article 23 of the present Law.
4. Head
of the government sub-department shall be appointed and dismissed
by the Chairman of the Government. Head of the ministry sub-department
shall be appointed and dismissed by the Chairman of the Government
upon submission by the proper Minister.
5. The
sub-department shall be financed from the State Budget of the Autonomous
Republic of Ajara.
Article
31
1. Creation, reformation, and cease of a territorial organ of the sub-department
shall be a subject to the Government consideration.
2. A
territorial organ of the sub-department shall be the representative
body of the sub-department in proper administrative area.
3. Structure
and activity rules and regulations of the government sub-department
territorial organ shall be submitted by the Head of the territorial
organ to the Head of sub-department for adoption. The structure,
rules and regulations of the ministry territorial organ shall be
submitted by the Head of sub-department to the Minister for adoption
(“Legislation News of the Autonomous Republic of Ajara”,
No 15, September 2004).
4. Head
of the government sub-department territorial organ shall be appointed
and dismissed by the Head of the sub-department upon prior consent
of the Chairman of the Government. Head of the ministry sub-department
territorial organ shall be appointed and dismissed by the Minister
upon submission by the Head of the sub-department (“Legislation
News of the Autonomous Republic of Ajara”, No 15, September
2004).
CHAPTER
NINE
Official Supervision
Article
32
1. Official supervision shall provide legal activity of ministries and sub-departments.
2. A
person making official supervision shall be authorised to:
a) issue written notes on depletion of shortcomings in orders or acts;
b) prevent the order or act implementation;
c) abolish the act.
3. While
providing official supervision the Chairman of the Government,
ministers and heads of sub-departments shall issue individual legal
acts.
4. Official
supervision shall be implemented through the subordination procedure.
5. A
person making official supervision shall be authorised to require
any legal acts and/or documentations from the proper subordinated
organ, get definitions and conclusions from proper official authorities.
The subordinated organ shall submit the required documentations,
definitions and conclusions in two working-days term, in case other
term is not determined by the supervisor.
Article
33
1. The Chairman of the Government shall cease individual legal acts issued
by ministers and heads of sub-departments upon their purposeless and illegality.
2. The
Government shall cease individual legal acts issued by ministers
and heads of sub-departments upon their purposeless and illegality.
Article
34
1. The Minister shall supervise legal and advisable activity of the ministry
sub-departments and territorial organs.
2. The
Minister shall charge the First Deputy Minister with the exercise
of providing official supervision over the Ministry staff activity.
3. A
person making official supervision shall be authorised to give
special directives in order to deplete shortcomings in orders or
acts, and/or exercise new activity;
Article
35
1. The legal act issued by officials, or activity made by the last, shall be
considered void upon their purposeless, contradiction with the Government activity
program, law requirements, irrational utilisation of the Budgetary sum and
the state property, and/or damages the state interests of Georgia in any other
form.
2. Abolishment
of the legal act on the basis of its purposeless shall be proved.
Article
36
1. All legal disputes existed among the ministries and any other organs of
the executive brunch of the Autonomous Republic of Ajara shall be settled
though the subordination principle, in case other is not determined by the
law.
2. All legal disputes among the structural sub-departments of the Ministry
shall be settled by the Minister.
3. All
legal disputes among official authorities being under several ministries
shall be settled by the proper ministers. In case of disagreement,
the decision shall be made by the Government.
CHAPTER TEN
Transitional Provisions
Article
37
1. The Organic Law of the Autonomous Republic of Ajara “On the Council
of Ministers” adopted on 17 March 1998 shall be considered abolished.
2. After
the enforcement of the present Law all government authorities determined
by Article 26 of the Organic Law of the Autonomous Republic of
Ajara “On Making Changes and Amendments to the Organic Law
on the Council of Ministers” adopted on 18 May 2004 shall
be considered liquidated.
3. In
two months term after the enforcement of the present Law the Government
and ministries of the Autonomous Republic of Ajara shall ensure
the compatibility of existing normative acts issued by the executive
branch with the present Law.
4. In
one month term after the enforcement of the present Law the Government
of the Autonomous Republic of Ajara shall submit draft projects
on making proper changes and amendments to the existing legislation
of the Autonomous Republic of Ajara to the Supreme Council of
the Autonomous Republic of Ajara in order to ensure the compatibility
with the present Law.
Article
38
The present Law shall enter into force upon its promulgation.
Levan Varshalomidze
Chairman of the Government
of the Autonomous Republic of Ajara
29 July
2004
No 017/16 RS