"Georgian Dream - Democratic Georgia”
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Qartlos Garibashvili Election Program
The candidate for Presidency Qartlos Garibashvili

The constitution of Georgia

The citizens of Georgia, Whose firm will is to establish a democratic social order, economic freedom, a rule-of-law based social State, To secure universally recognized human rights and freedoms, To enhance the state independence and peaceful relations with other people, bearing in mind the centuries-old traditions of the Statehood of the Georgian Nation and the basic principles of the Constitution of Georgia of Proclaim nation-wide the present Constitution.

CHAPTER ONE

The territorial integrity of Georgia and the inviolability of the state frontiers, being recognized by the world community of nations and international organizations, shall be confirmed by the Constitution and laws of Georgia. The alienation of the territory of Georgia shall be prohibited. The state frontiers shall be changed only by a bilateral agreement concluded with the neighboring State. The territorial state structure of Georgia shall be determined by a Constitutional Law on the basis of the principle of circumscription of authorization after the complete restoration of the jurisdiction of Georgia over the whole territory of the country.

CHAPTER TWO

A political association of citizens registered in accordance with a procedure determined by law, the initiative of which is confirmed by the signatures of not less than 50,000 electors or which has a representative in the Parliament at the time elections are scheduled, shall have the right to stand for the elections, whereas the elections by the majority system, an individual, whose nomination is confirmed by at least 1,000 signatures or an individual who was a member of the Parliament as a result of the previous elections shall have the right to stand for the elections. The mandates of the members of the Parliament shall be distributed only among those political associations and electoral blocks, which obtained at least seven per cent of the votes of the electors, participated in the elections held under the proportional system. (20.07.1999, # 2221) Regular parliamentary elections shall be held in October of the year when the Parliament’s term of office expires. The President of Georgia shall fix the date of elections within not later than 60 days before the elections. (27.12.06) If the date of holding the elections coincides with a state of emergency or martial law, the elections shall be held not later than 60 days after the state has been lifted. The President of Georgia shall fix the date of elections upon lifting of the state of emergency or martial law. In case of dissolution of the Parliament, extraordinary elections shall be held on the 60th day after enforcement of the order on the dissolution of the Parliament, the date of which shall be fixed by the President of Georgia upon enforcement of the order on the dissolution of the Parliament. (27.12.06) The Parliament shall terminate the activity upon the enforcement of the order of the President on the dissolution of the Parliament. From the enforcement of the order of the President on the dissolution of the Parliament to the first convocation of the newly elected Parliament the dissolved Parliament shall assemble only in case of declaration of a state of emergency or martial law by the President to decide on the issues of prolongation or/and approval a state of emergency or martial law. In case the Parliament is not assembled within 5 days or does not approve (prolong) the order of the President on the declaration (prolongation) of a state of emergency, the announced state of emergency shall be cancelled. In case the Parliament does not approve the order of the President on the declaration (prolongation) of a state of martial law within 48 hours, the state of martial law shall be cancelled. Convocation of the Parliament shall not result in restoration of the offices and salaries of the members of the Parliament. The Parliament shall terminate an activity upon the adoption of a decision on the above mentioned issues. (6.02.2004.N3272) The authority of the Parliament shall be terminated upon the first convocation of the newly elected Parliament. The election procedure of a member of the Parliament as well as inadmissibility to stand for the elections shall be determined by the Constitution and the Organic Law.
A member of the Parliament shall not be entitled to hold any position in public office or engage in an entrepreneurial activity. The conflict of interests shall be determined by law. In case of a violation of the requirements set out in the preceding paragraph, the office of a member of the Parliament shall be terminated. A member of the Parliament shall receive remuneration as determined by law. The Parliament shall decide about the issue of the recognition or pre-term termination of the office of a member of the Parliament. The decision of the Parliament may be appealed to the Constitutional Court. The office of a member of the Parliament shall be pre-term terminated in the following cases:
a. resignation from office by a personal application;
b. a final judgment of conviction is rendered by a court against him/her;
c. recognition by a court as legally incapable, missing or dead;
d. occupation of a position or engagement in an activity incompatible with the status of a
member of the Parliament;
e. loss of Georgian citizenship;
f. failure to participate in the work of the Parliament for a period of four months without a good
reason;
g. death.
The Parliament of Georgia for the term of its authority, in accordance with a procedure established by the Regulations of the Parliament shall elect the President and the Vice-Presidents of the Parliament by a secret ballot, inter alia, one from the members of the Parliament elected respectively in Abkhazia and the Autonomous Republic of Ajara upon the submission of the latter. (the change is added by the Constitutional Law of Georgia of 20 April 2000) The President of the Parliament shall lead the work of the Parliament, ensure free expression of opinions, sign acts adopted by the Parliament, perform other authorities provided for by the Regulations of the Parliament. A Vice-President shall perform the responsibilities of the President under the instructions of the latter, in case of inability of the President to discharge his/her authority or his/her dismissal. The President of the Parliament shall exercise all administrative functions in the House of the Parliament in accordance with a procedure provided for by the Regulations of the Parliament.

CHAPTER THREE

The President of Georgia

The President of Georgia shall be the Head of State of Georgia. The President of Georgia shall lead and exercise the internal and foreign policy of the state. He/she shall ensure the unity and integrity of the country and the activity of the state bodies in accordance with the Constitution. The President of Georgia shall be the higher representative of Georgia in foreign relations. The President of Georgia shall be elected on the basis of universal, equal and direct suffrage by secret ballot for a term of five years. The same person may be elected the President only for two consecutive terms. Any person may be elected the President of Georgia if he/she is a native-born citizen of Georgia, having the right to vote, has attained the age of 35, has lived in Georgia for at least fifteen years and lives in Georgia by the day on which the election is scheduled. 20 The right to nominate a candidate to the office of the President shall be vested with a political association of citizens or a stirring group. The nomination shall be confirmed by the signatures of not less than 50,000 electors. A candidate shall be deemed to be elected if he/she has obtained more than half of the votes of participants. If no candidate has received the required number of votes in the first round, a second round of elections shall be held in two weeks after an official announcement of the first round results. Two candidates having the best results in the first round shall be put to the vote in the second round. The candidate who received more votes shall be deemed to be elected. If only one candidate took part in the first round, who did not receive the necessary number of votes, or if no President was elected in the second round, new elections shall be held within two months from the date of elections. No election shall be held in case of a state of emergency or martial law. Regular elections for Presidency shall be held in October of the calendar year when the presidential authority expires. The President of Georgia shall fix the date of the elections not later than within 60 days before the elections. The procedure and conditions of the election of the President as well as the inadmissibility to participate in election as a candidate shall be determined by the Constitution and the Organic Law. Before taking up office the new President shall make a program speech. The ceremony envisaged in the first paragraph shall take place on the third Sunday after the day of the election of the President. The President of Georgia shall not have the right to hold any other position except for a party position, engage in entrepreneurial activity, and receive salary or another permanent remuneration for any other activity.

CHAPTER FOUR

The Parliament shall be entitled to declare non-confidence to the Government by the majority of the total number. Not less than one third of the total number of the members of the Parliament shall be entitled to raise a question of declaration of non- confidence. After the declaration of non-confidence to the Government the President of Georgia shall dismiss the Government or not approve the decision of the Parliament. In case the Parliament declares non- confidence to the Government again not earlier than 90 days ant not later than 100 days, the President of Georgia shall dismiss the Government or dissolve the Parliament and schedule extraordinary elections. In case of circumstances provided for by subparagraphs “a”-“d” of Article 511 re-voting of non-confidence shall be held within 15 days from the end of these circumstances. The Parliament shall be entitled to raise the question of declaration of unconditional non-confidence to the Government by a resolution. In case the Parliament declares non-confidence to the Government by the majority of three-fifth of the total number of the members of the Parliament not earlier than 15 days and not later than 20 days from the adoption of the resolution, the President shall dismiss the Government. In case the Parliament does not declare non-confidence to the Government, it shall be impermissible to put the question of non-confidence to the Government within next 6 months.

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