| Parliament name (generic / translated) |
Azgayin Zhoghov / National Assembly |
| Structure of parliament |
Unicameral |
|
POLITICAL SYSTEM
|
| Type of political regime |
semi-presidential |
| Notes |
The President of the Republic upholds the Constitution and ensures the normal functioning of the legislative, executive and judicial authorities (Article 49 of the Constitution). He is the guarantor of the independence, territorial integrity and security of' the Republic. |
| Head of the executive |
Prime Minister |
| Notes |
Executive power is vested in the Government, composed of the Prime Minister and other ministers (Article 85 of the Constitution). The Prime Minister is the Head of Government. All governmental decisions are signed by him/her and approved by the President. |
| Method for appointing the executive |
The President is elected by direct and universal suffrage. He/She appoints and removes the Prime Minister, along with the other members of Government, upon the recommendation of the Prime Minister (Article 55.4 of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature |
The President is elected for a five-year term and may not be elected for the post for more than two consecutive terms (Article 50 of the Constitution). His/Her term does not coincide with the term of the legislature, which is four years. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
A member of the Government may not be a member of any representative body, hold any other public office or engage in any other paid occupation (Article 88 of the Constitution). |
| Dissolution of Parliament |
Yes |
|
|
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The President may dissolve the parliament and call elections after consultations with the President of the National Assembly and the Prime Minister (Article 55.3 of the Constitution). |
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Special elections are held no earlier than thirty and no later than forty days after the dissolution of the parliament. The President may not dissolve the National Assembly during the last six months of his or her term of office. A newly elected National Assembly may not be dissolved during a one-year period following its election (Article 63 of the Constitution). The Assembly may not be dissolved during a state of martial law, under the cases foreseen by the Constitution, or when the removal of the President from office is being deliberated. The parliament was never dissolved between 1990 and 2000. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The Government is collectively accountable to the parliament. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Deputies are entitled to put questions to the Government (Article 80 of the Constitution). During the regular sessions, for one sitting each week of the Assembly, the Prime Minister and the members of the Government answer questions raised by deputies. The Assembly does not pass any resolutions in conjunction with the questions raised by the deputies. Oral questions are asked during every three-day sitting period and are answered immediately. The overall time for questions is one and a half hours. Members of parliament can ask questions for three minutes, but these questions cannot give rise to a debate. |
- Government reports to Parliament
|
The Government submits to the parliament information on the quarterly execution of budget and at the outset of each year, the execution of the budget. The Assembly examines the annual report on the implementation of the budget and adopts the report based on the findings of the Assembly's Oversight Office. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The Government may raise the question of a vote of confidence in conjunction with its proposed legislation (Article 75 of the Constitution). If the Assembly does not adopt a vote of no confidence against the Government, then the Government's proposed legislation will be considered adopted. Government may not raise the issue of a vote of confidence in conjunction with a proposed legislation more than twice during any single session. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
There are no restrictions for tabling a motion of censure. Within 20 days of the formation of a newly elected National Assembly or of its own formation, the Government presents its programme to the parliament for approval, thus raising the question of a vote of confidence before it (Article 74 of the Constitution). A draft resolution expressing a vote of no confidence in the Government may be proposed within twenty-four hours of the Government's raising of the question of the vote of confidence by not less than one third of the total number of deputies. |
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The proposal for a vote of no confidence shall be voted on no earlier than forty-eight hours and no later than seventy-two hours from its initial submittal. The Assembly must adopt a vote of no confidence in the Government by a majority vote of the total number of deputies (Article 84 of the Constitution). The parliament may not exercise this right in situations of martial law or under circumstances provided by the Constitution. |
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If no vote of no confidence in the Government is proposed, the Government's programme is considered approved by the Assembly. If a vote of no confidence is proposed and passed, the Prime Minister submits the resignation of the Government to the President. There were no motions of no confidence from 1990 to 2000. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The Assembly has the power to initiate the procedure for the President to be removed from office (Article 57 of the Constitution). The President may be removed from office on account of treason or other high crimes. |
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In order to request a determination on questions pertaining to the removal of the President of the Republic from office, the parliament must appeal to the Constitutional Court by a
resolution adopted by the majority of the deputies. A decision to remove the President from office must be reached in the parliament by a minimum two-thirds majority vote of the total number of deputies, as determined by the Constitutional Court. |
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The acceptance of the resignation of the President is determined by the Assembly by a majority vote of the total number of deputies (Article 58 of the Constitution). There were no impeachments from 1990 to 2000. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The Prime Minister and his cabinet report to the parliament as heads of their administrative departments. |
| Means and modalities of oversight |
|
|
The parliament exercises oversight over the actions of the Government administration by holding hearings in Committees. |
- Committees of inquiry and missions to Government departments
|
Not applicable |
- Oral and written questions of parliamentarians
|
Deputies are entitled to put questions to the Government (Article 80 of the Constitution). During the regular sessions, for one sitting each week of the Assembly, the Prime Minister and the members of the Government answer questions raised by deputies. The Assembly does not pass any resolutions in conjunction with the questions raised by the deputies. Oral questions are asked during every three-day sitting period and are answered immediately. The overall time for questions is one and a half hours. Members of parliament can ask questions for three minutes, but these questions cannot give rise to a debate. |
- Role of Parliament in the appointment of senior Government officials
|
The parliament appoints the Chairman of the Central Bank upon the recommendation of the President of the Republic, as well as the Chairman of the Assembly's Oversight Office upon the recommendation of the President of the Assembly and members and the President of the Constitutional Court from among the members of the Court (Article 83 of the Constitution). |
- Activity reports of the Government administration and of public services or establishments
|
The following administrations are required to submit activity reports to the parliament: the Energy Commission, the Central Bank, the Commission on the Regulation of the Securities Market, and the Radio and TV Council. |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
No |
|
- Method for appointing the executive
|
The first Ombudsman was appointed in 2004 by the President for a term of six years. For this to be fully established by law, the post and its remit must be written into the Constitution and this amendment needs to be approved by a national referendum. After the Constitution is amended, the parliament will take responsibility for the appointment. |
- Relationship to Parliament
|
Not applicable |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
Yes |
The parliament adopts the State budget upon its submittal by Government (Article 76 of the Constitution). The draft budget for the following year is referred to the parliament, and Government may accept parliamentary proposals for change. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The Government submits the proposed State budget to the parliament at least sixty days before the beginning of the fiscal year and requests that the proposal, with any amendments, be adopted and voted on before the expiration of the budget deadline (Article 90 of the Constitution). The Government may raise the question of a vote of confidence in conjunction with the adoption of the State budget. If no vote of no confidence is adopted, then the State budget and related amendments approved by Government are considered adopted. In case of a successful vote of no confidence related to the proposed budget, the new Government presents the Assembly with a draft budget within a period of twenty days. This draft budget must then be debated and voted on by the Assembly within a period of 30 days. |
- Reports on the budget / finance act by Committees
|
Not applicable |
| Fields overseen |
|
|
The parliament exercises oversight over all public funds. During the discussion of the draft budget, the defence budget is discussed at the sitting of the relevant committee. |
- Budget of special departments
|
The parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
Development plans in various fields are submitted and must be approved by the parliament. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
Government submits the proposed State budget to the Assembly at least 60 days before the beginning of the fiscal year and requests that the proposal, with any amendments, be adopted and voted on before the expiration of the budget deadline (Article 90 of the Constitution). |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the budget is not adopted by the start of the fiscal year, all expenditures are incurred in the same proportions as in the previous year's budget. The Government can also raise the vote of censure and submit a new draft budget. |
| Budgetary autonomy of Parliament |
Yes |
The parliament has its own budget, which is part of the national budget. |
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OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The Assembly examines the annual report on the implementation of the budget and adopts the report based on the findings of the Assembly's oversight office. |
| Parliamentary oversight of public companies |
Yes |
The parliament's special tool for overseeing public companies is the parliamentary audit institution: Parliamentary oversight assesses conformity with the annual plans. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The audit institution of the parliament oversees the execution of the budget. An immediate response to the work of the audit body is possible at the debates on the report on the execution of the budget. |
- Reports of the public auditor's office
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At the outset of each quarter, the audit institution of the parliament submits information on the execution of the budget over the previous half year. This allows the parliament to assess its conformity with the programme approved by the parliament. |
|
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The Assembly supervises the implementation of the State budget, together with the use of loans and credits received from foreign governments and international organisations (Article 77 of the Constitution). More precisely, Government submits to the parliament information on the quarterly execution of budget and, at the outset of each year, the execution of the budget. |
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OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The parliament exercises oversight over foreign policy through bilateral visits and in inter-parliamentary conferences. |
- Plenary debates on foreign policy issues
|
Not available |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Not applicable |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President submits international treaties for ratification to the parliament. The ratification of all treaties by the parliament is mandatory. There is no timeframe within which the parliament has to ratify treaties. |
- Other mechanisms for participation in foreign policy by Parliament
|
|
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
Upon the recommendation of the President of the Republic, the Assembly may declare war (Article 81.3 of the Constitution). |
- Role of Parliament in sending troops abroad
|
Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
|
The President of the Republic is the Commander in Chief of the armed forces, appoints the staff of the highest command and decides on the use of the armed forces (Article 55.12-3 of the Constitution). The Government ensures the implementation of the defence, national security and foreign policies of the Republic (Article 89.6 of the Constitution). In the event of an armed attack against or of an immediate danger to the Republic, or a declaration of war by the National Assembly, the President declares a state of martial law and may call for a general or partial mobilisation. At that time, the parliament cannot pass a vote of no confidence in the government. |
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STATE OF EMERGENCY
|
| Circumstances |
The President of the Republic decides on the use of the armed forces (Article 55 of the Constitution). In the event of an armed attack against or of an immediate danger to the Republic, or a declaration of war by the National Assembly, the President declares a state of martial law. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
Upon the declaration of martial law, a special sitting of the National Assembly is held. In the event of an imminent danger to the constitutional order, and upon consultations with the President of the National Assembly and the Prime Minister, the President takes measures appropriate to the situation and addresses the people on the subject. |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
A specialised body / constitutional Court |
The Court is composed of nine members, five of whom are appointed by the National Assembly and four by the President (Article 100 of the Constitution). Judges and members of the Constitutional Court are appointed for life and may be removed from office only in accordance with the Constitution and the laws. They may not hold any other public office, nor engage in any other paid occupation, except for scientific, educational and creative work. They may not be members of any political party nor engage in any political activity. |
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The Constitutional Court (i) decides on whether the laws, the resolutions of the Assembly, the orders and decrees of the President and the resolutions of Government are in conformity with the Constitution and, (ii) prior to the ratification of an international treaty, whether the obligations assumed therein are in conformity with the Constitution, (iii) rules on disputes concerning referendums and the results of presidential and parliamentary elections, (iv) ascertains the existence of insurmountable obstacles facing a presidential candidate or the elimination of such obstacles, (v) determines whether there are grounds for the removal of the President whether he or she is incapable of continuing to perform his or her functions, (vi) determines whether there are grounds for the removal of a member of the Constitutional Court, his or her arrest or initiation of administrative or criminal proceedings through the judicial process, and (vii) decides on the suspension or prohibition of a political party in cases prescribed by law. |
| Evaluation of laws |
Not applicable |
Not applicable |
| Measures |
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Compare data for parliamentary chambers in the Oversight module
