საქართველოს საელჩოებისა და სხვა დიპლომატიური წარმომადგენლობების შექმნა, მათი ხელმძღვანელების დანიშვნა და გამოწვევა (განთავისუფლება)

Kakhi Samkharadze

Authors

Kakhi Samkharadze

Keywords:

President of Georgia, Ambassadors, Diplomatic Representatives, Embassies, Consulates, Diplomatic Representations, Foreign Affairs.

Abstract

Nowadays in Georgia, the issues related to the establishment of various foreign representations and embassies of Georgia, also-appointment and dismissal (exemptions) of their heads is not fully defined by the Constitution or other legislative acts. The work deals with the competitive competences of the President of Georgia and the Government of Georgia in the field of foreign representative functions, particularly in the competence of appointment and dismissal of the ambassadors. The paper aims to clarify the differences between the competence of the executive power and of the head of state in the regulations of foreign affairs and to create the list of recommendations regarding the legislative regulations, according to the basic principles of the Constitution. So, at first of all we should clarify the Constitution’s basic principles and definition of the special competences.
We believe that the head of state is not part of the executive power, as it is a representative of the Commonwealth (federative power), i.e. represents a sovereign with main representative function. Hence, we can talk about the supremacy of the head of state in foreign affairs, in defense and security issues, as well as the determination of the most important issues in the state’s politics. One of the most important directions in the foreign relations is the appointment of diplomatic officials, which is partially regulated by the Constitution, but mostly regulation is realized via as the diplomatic law, as by the international diplomatic law norms. The regulation of the diplomatic official’s appointment is within the scope of the study.

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