The Government of the Republic

Chapter VI The Government of the Republic

Article 86:Executive Power

Executive power shall be held by the Government of the Republic.

Article 87:Functions

1. The Government of the Republic shall:
  1. implement national domestic and foreign policies;
  2. direct and coordinate the work of government institutions;
  3. organize the implementation of legislation, the resolutions of the Parliament, and the edicts of the President of the Republic;
  4. submit draft legislation to the Parliament, as well as foreign treaties for either ratification or denunciation;
  5. prepare a draft of the national budget and present it to the Parliament, shall administer the implementation of the national budget, and present a report on the implementation of the budget to the Parliament;
  6. issue ordinances and directives for fulfillment in accordance with the law;
  7. organize relations with foreign states;
  8. declare, in the case of natural disasters and catastrophes or in order to impede the spread of infectious diseases, a state of emergency throughout the nation or in parts thereof;
  9. fulfill other tasks which have been placed under its jurisdiction by the Constitution and laws.

Article 88: Composition

The Government of the Republic shall be comprised of the Prime Minister and Ministers.

Article 89:Nomination of Prime Minister

1. The President of the Republic, within fourteen days after the Government of the Republic has resigned, shall nominate a candidate for Prime Minister, who shall be tasked with forming a new government.

2. The candidate for Prime Minister shall report to the Parliament, within fourteen days of being assigned the task of forming a government, the bases for the formation of the new government, after which the Parliament shall decide, without negotiation and by an open vote, on giving the candidate for Prime Minister the authority to form a Government.

3. The candidate for Prime Minister who has received authority from the Parliament to form a government, shall present, within seven days, the composition of the Government to the President of the Republic, who shall appoint the Government within three days.

4. If the candidate for Prime Minister, nominated by the President of the Republic, does not receive the majority of yes-votes in the Parliament, or is unable to form a Government, or abstains, the President of the Republic shall have the right to present another candidate for Prime Minister within seven days.

5. If the President of the Republic does not present another candidate for Prime Minister within seven days, or abstains, or if this candidate is unable to obtain authority from the Parliament, in accordance with the conditions and time restraints in Paragraphs 2) and 3), or is unable to form a Government, or abstains, the right to present a candidate for Prime Minister shall be transferred to the Parliament.

6. The Parliament shall present a candidate for Prime Minister, who shall present the composition of the Government to the President of the Republic. If, within fourteen days from the transfer of the right to present a candidate for Prime Minister to the Parliament, the composition of the Government has not been presented to the President of the Republic, the President of the Republic shall declare early elections for the Parliament.

Article 90: Composition

Changes to the composition of those appointed to the Government of the Republic shall be made by the President of the Republic, on proposal by the Prime Minister.

Article 91: Oath

The Government shall take office by swearing an oath of office before the Parliament.

Article 92: Resignation

1. The Government of the Republic shall resign:

2. on the new complement of the Parliament convening;

3. on the resignation or death of the Prime Minister;

4. when the Parliament expresses no-confidence in the Government or the Prime Minister.

5. The President of the Republic shall discharge the Government of the Republic when the new Government assumes office.

Article 93: Functions of Prime Minister

1. The Prime Minister shall represent the Government of the Republic and shall direct its work.

2. The Prime Minister shall appoint two Ministers who shall have the right to substitute for the Prime Minister during his or her absence. The procedures for the substitution shall be determined by the Prime Minister.

Article 94: Ministries

1. Appropriate Ministries shall be established in accordance with the law, for the purpose of executing particular functions of government.

2. A Minister shall head a Ministry, organize the handling of issues which belong to the sphere of activity of the Ministry, shall issue directives and ordinances to be fulfilled on the basis of the law, and shall fulfill other duties which have been imposed, on the basis and in accordance with procedures determined by law.

3. Should the Minister be temporarily unable to fulfill his or her duties, due to illness or other hindrances, the Prime Minister shall transfer the Minister's duties to another Minister for that time period.

4. The President of the Republic may appoint, on proposal by the Prime Minister, other Ministers who do not head Ministries.

Article 95: State Chancellery

1. A State Chancellery shall be within the Government, and shall be headed by the State Secretary.

2. The State Secretary shall be appointed and recalled by the Prime Minister.

3. The State Secretary shall participate in Government sessions, with the right to speak.

4. The State Secretary shall have the same rights in heading the State Chancellery which are specified by law for a Minister in heading a Ministry.

Article 96: Sessions of the Government

1. Sessions of the Government of the Republic shall be closed, unless the Government decides otherwise.

2. The Government shall make decisions on proposal by the Prime Minister or by the appropriate Minister.

3. Ordinances by the Government shall be in effect when they carry the signatures of the Prime Minister, the appropriate Minister and the State Secretary.

Article 97: Vote of No-Confidence

1. The Parliament may express no-confidence in either the Government of the Republic, the Prime Minister or a Minister by a resolution adopted by the majority of the complement of the Parliament.

2. The issue of no-confidence may be initiated by at least one-fifth of the complement of the Parliament by submitting a written motion at a session of the Parliament.

3. The issue of expressing no-confidence may come up for resolution no earlier than two days after its being submitted, unless the Government demands speedier resolution.

4. In the case of no-confidence being expressed in the Government or the Prime Minister, the President of the Republic may, on proposal by the Government and within three days, declare early elections.

5. In the case of no-confidence being expressed in a Minister, the Speaker of the Parliament shall notify the President of the Republic, who shall recall the Minister from office.

6. The expression of no-confidence on the same grounds may be re-initiated no earlier than three months after the previous no-confidence vote.

Article 98: Draft Tied to Vote of No-Confidence

1. The Government of the Republic may tie the adoption of a draft, which it has presented to the Parliament, with the issue of no confidence.

2. Voting may not take place any earlier than two days after the tying of the draft with the issue of no confidence. Should the Parliament reject the draft, the Government shall resign.

Article 99: Incompatibility

Members of the Government of the Republic may not hold any other public office or belong to the leadership or council of a commercial enterprise.

Article 100:Government in Parliament

Members of the Government of the Republic may participate, with the right to speak, in sessions of the Parliament and its committees.

Article 101:Immunity

1. A member of the Government of the Republic may be charged with a criminal offense only on proposal by the Legal Chancellor, with the consent of the majority of the complement of the Parliament.

2. The authority of a member of the Government shall terminate when a guilty verdict comes into effect.