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Compare data for parliamentary chambers in the Oversight module

Parliament name (generic / translated) Majlisi Oli / Supreme Council Structure of parliament Bicameral Chamber name Majlisi namoyandogon Related chamber (for bicameral parliaments) Majlisi milli / National Assembly POLITICAL SYSTEM Type of political regime presidential Notes The President of the Republic is the Head of State and the head of the executive power (Article 64 of the Constitution). Head of the executive President of the Republic Notes The President is the guarantor of the Constitution, the laws, rights and freedoms of the citizens, unity and territorial integrity, the continuity and durability of the country, the coordinated functioning and cooperation of State bodies, and the observance of international treaties. The Government consists of the Prime Minister, his or her first deputy and other deputies and ministers as well as the Chairmen of State Committees (Article 73 of the Constitution). It ensures effective leadership in economic, social and spiritual functioning, the implementation of the laws and decisions of the parliament, and the decrees and resolutions of the President. Method for appointing the executive The President is elected by the citizens on the basis of a general, equal and direct vote by ballot (Article 65 of the Constitution). He or she appoints and recalls the Prime Minister and other members of the Government and presents the corresponding decrees for approval to the parliament (Article 69.3 of the Constitution). Term of office of the executive and coincidence with the term of the legislature The President is elected for a period of seven years. His or her term does not coincide with the term of the legislature of five years. Incompatibility of the functions of member of the executive and member of Parliament Yes Parliamentarians and members of the Government may not occupy any other position. They may not get involved in any entrepreneurial activities besides creative and scientific ones. Dissolution of Parliament Yes Circumstances The parliament may dissolve itself ahead of schedule upon the consent of two thirds of the members (Article 63 of the Constitution). Modalities On all occasions, the terms of reference of members of the parliament end at the opening of the first session of the parliament with a new convention. No dissolutions occurred between 1990 and 2000. ACCOUNTABILITY Accountability of Government to Parliament No Members of the Government are accountable for their actions to the President and not to the parliament. Modalities of oversight Oral and written questions of parliamentarians Parliamentarians can put oral and written questions to ministers. Government reports to Parliament Not applicable Measures Vote of confidence on Government programs and/or legislative proposals Not applicable Motions of censure and votes of no confidence (sub-report) Circumstances Not applicable Modalites Not applicable Consequences Not applicable Dismissal and/or impeachment of Government and other public officials (sub-report) Circumstances and persons concerned If the President breaks his or her oath or commits a crime, the parliament may, upon decision of the Constitutional Court and a special Commission set up by the parliament, recall him or her from office (Article 72 of the Constitution). Modalites and procedure An accusation of breaking the presidential oath or committing a crime is presented by no less than one third of parliamentarians. In such a case, a special parliamentary session is convened, headed by chairman of the Supreme Court. Parliamentarians swear that in considering this issue, they will act in accordance with their conscience, law and justice. The suspension of presidential duties is decided by a majority of votes of all deputies. Consequences After the President is released from his or her position, the investigation continues, he or she is charged and the case goes to a court of law. In case of the resignation or disability of the President, his or her duties, until a newly elected President is inaugurated, are passed to the Chairman of the parliament (Article 71 of the Constitution). In such a situation, presidential elections are held within three months. Have these procedures been applied? OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION Oversight over the actions of the Government administration No Ministers of the Government are accountable for their actions to the President and not to the parliament. The parliament can however monitor the actions of the administration. Means and modalities of oversight Hearings in Committees Officials should provide a parliamentarian with the information necessary for the implementation of his or her duties, with the exception of the situations defined by law (Article 57 of the Constitution). Committees of inquiry and missions to Government departments The parliament exercises oversight over the actions of the Government through committees of inquiries. Oral and written questions of parliamentarians The parliament exercises oversight over the actions of the Government by putting oral and written questions to ministers. Responses to questions must be delivered within one month and depending on the degree of importance of the question at stake, they may give rise to a debate in the plenary. Role of Parliament in the appointment of senior Government officials The parliament ratifies presidential decrees, appoints and recalls the Chairman of the national bank and his or her deputies, and elects and recalls the Chairman, deputy chairmen and judges of the Constitutional Court, the Supreme Court and the Supreme Economic Court by the recommendation of the President, and approves the appointment and recall of the Prosecutor General and his or her deputies (Article 49 of the Constitution). Activity reports of the Government administration and of public services or establishments Not applicable Representation of Parliament in governing bodies of the Government administration Not available Existence of an ombudsman No Method for appointing the executive Not applicable Relationship to Parliament Not applicable BUDGETARY OVERSIGHT Consultation of Parliament in the preparation of the national budget No Not applicable Modalities of oversight Examination of the budget / finance act by Parliament The parliament ratifies the State budget, identifies a potential State budget deficit and the sources of its recovery as well as the tax policy, and approves the allocation and reception of a State loan (Article 49.15 of the Constitution). Thus, the parliament exercises budgetary oversight during the preparation, discussion and approval of the draft law on the State budget for the next fiscal year. Reports on the budget / finance act by Committees Not available Fields overseen Defence budget The parliament exercises oversight over all public funds. Budget of special departments Not available Role of Parliament in national development plans National plans or programs of socio-economic development are elaborated by the Government and submitted for consideration to the parliament, which adopts a decision on their approval. Should the parliament not approve such a plan, a joint Conciliation Commission is set up to overcome disagreements. The Government has the right to reintroduce a program that has been adjusted, taking into account the parliamentary comments. Parliament's deadline for the examination and adoption of the budget / finance act The budget must be approved by the parliament before the beginning of the fiscal year. Consequences of failure by Parliament to adopt the budget / finance act If the budget is not approved on time, the Government may spend funds for ongoing affairs, but not more than 25% of the allocations of the previous year per quarter, or 1/12 per month. If the law on the budget has not been approved within three months of the beginning of the new fiscal year, the Government has the right to spend, borrow and distribute expenditures on the mentioned basis. Budgetary autonomy of Parliament Yes The draft estimates of parliamentary expenses for the next fiscal year are submitted to the parliament by the Chief of Staff of the House of Representatives, in agreement with the Commission that oversees the rules of procedure and organization of work and the Committee on Economy, Budget, Finances and Taxes. The draft estimates are considered before the draft law on the State budget, and the former are approved by a majority vote of the total number of deputies. No later than one month after the entry into force of the State budget, the parliament approves the estimate of its expenses, broken down by article. The parliament hears the report of the chief of staff on the implementation of the budget for the year and co-reports on it, before approving it by a majority vote of all deputies. OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING Evaluation of Government spending Parliament approves Government expenditures annually Yes The parliament exercises control over the implementation of the budget through the report on the fulfilment of the budget. All necessary information therefore is prepared by the Ministry of Finance on the basis of materials from the treasury, and presented to the parliament by the Government. The parliament considers and approves the report submitted. Parliamentary oversight of public companies No Not applicable Modalities of oversight Body for auditing the Government's books and method for appointing There are no independent or external bodies for the oversight of public accounts. Reports of the public auditor's office Not applicable Specialised committee The Committee on Economy, Budget, Finances and Taxes considers individual questions on the fulfilment of the budget at its meetings. OVERSIGHT OVER FOREIGN POLICY Foreign Relations Committee (sub-report) Functions of the Committee The parliament exercises oversight over foreign policy through the Committee on International Affairs. Powers of the Committee The Committee concentrates its activities on key problems in international affairs, on the foreign policy of the country and on its political, economic, humanitarian and other ties with foreign countries. It also prepares international treaties for ratification by the parliament. Composition of the Committee Not available Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad The parliament exercises oversight of foreign policy through bilateral visits and participation in inter-parliamentary conferences. Plenary debates on foreign policy issues Not applicable Involvement of Parliament Participation of Parliament in inter-governmental meetings Parliamentarians do not participate in inter-governmental meetings. Modalities and procedures for ratifying international treaties and agreements (sub-report) The President leads the external policy, signs international treaties and presents them for consideration to the parliament (Article 69.14 of the Constitution). The parliament ratifies and denounces international treaties (Article 49.18 of the Constitution). Other mechanisms for participation in foreign policy by Parliament In addition to the above, the parliament can exercise oversight over foreign policy through parliamentary hearings. OVERSIGHT OVER NATIONAL DEFENCE POLICY National Defence Committee (sub-report) Functions of the Committee The parliament does not have the right to oversee national defence policy. Powers of the Committee 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 The President declares martial law with the corresponding decree presented for approval by the parliament. (Article 69.18 of the Constitution), and also declares an emergency situation on the whole territory of the Republic or in selected areas with the corresponding decree immediately presented for approval to the parliament (Article 49.20 of the Constitution). Role of Parliament in sending troops abroad Not applicable Other mechanisms for participation in national defence policy by Parliament There are no other parliamentary oversight mechanisms in addition to the above. STATE OF EMERGENCY Circumstances Where there is a real threat to State security the President declares martial law with the corresponding decree presented for approval by the parliament. (Article 69.18 of the Constitution). The President also has the right to declare an emergency situation on the whole territory of the Republic or in selected areas with the corresponding decree immediately presented for approval to the parliament and with information delivered to the United Nations. The parliament ratifies presidential decrees on military and emergency situations (Article 49.20 of the Constitution). Can parliament take the initiative to declare a state of emergency No Consequences of a state of emergency for Parliament For the period of declaration of a state of emergency, the parliament may not be dissolved. 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 Constitutional Court consists of seven people, one of whom is a representative of the Gorno Badakhshan autonomous oblast (Article 89 of the Constitution). Judges of the Constitutional Court are elected from among lawyers no younger than 30 and no older than 60 years old, with professional experience of at least ten years. Means and procedures The following are the terms of reference of the Constitutional Court: (i) the identification of the congruence of the Constitution, the laws and legal acts of the parliament, the President, the Government, the Supreme Court, the Supreme Economic Court and other State and public bodies, and the treaties that have not come into legal force, (ii) adjustments of disputes between State bodies with regard to their competence, and (iii) implementation of other such duties as stipulated by the Constitution and by law. Decisions of the Constitutional Court are final. Evaluation of laws No Not applicable Measures

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