Government of the Autonomous Republic of Adjara
Resolution No. 11
November 29, 2022 Batumi
On the approval of the regulations of the legal entity of public law - Batumi Boulevard
Article 6 of the Law of Georgia "Legal Entity Of Public Law", Article 6 of the Law of the Autonomous Republic of Adjara, "On the Structure, Powers and Mode of Activity of the Government of the Autonomous Republic of Adjara" and In accordance with Article 24 of the Law of the Autonomous Republic of Adjara "On the Normative Acts of the Autonomous Republic of Adjara",
To approve the statute of the legal entity under public law - Batumi Boulevard, according to the appendix.
To be regognized invalid Decree No. 7 of March 5, 2018 of the Government of the Autonomous Republic of Adjara "On the Approval of the Statute of a Legal Entity of Public Law - Batumi Boulevard" (www.matsne.gov.ge, 06/03/2018, 040030000.32.057.016273). 3. The resolution shall come into effect on January 1, 2023.
The resolution shall come into force from January 1, 2023.
Charter of the legal entity of public law - Batumi Boulevard
Article 1. General Provisions
The legal entity of public law - Batumi Boulevard (hereinafter referred to as the Boulevard) is a legal entity (institution) of public law, established on the basis of the property of the Autonomous Republic of Adjara by the resolution of the Government of the Autonomous Republic of Adjara (hereinafter referred to as the Government) in accordance with the Law of Georgia "On Legal Entities of Public Law", which is part of the system of the Ministry of Finance and Economy of the Autonomous Republic of Adjara (hereinafter referred to as the Ministry).
Boulevard carries out its activities in accordance with the Constitution of Georgia, the Constitution of the Autonomous Republic of Adjara, the Law of Georgia on Legal Entities under Public Law, other relevant legislative and subordinate legal acts and this Regulation.
Within the limits established by the legislation and this Regulation, Boulevard is accountable and responsible to the Government and the Ministry in accordance with the Law of Georgia on Legal Entities under Public Law and the rules established by this Regulation.
Boulevard acquires rights and obligations on its own behalf, enters into transactions, acts on its own behalf in relations with third parties, as well as as a plaintiff and defendant in court.
Boulevard has an independent balance sheet, list of expenses, bank treasury accounts, stamp, letterhead and other requisites of a legal entity.
The legal address of the boulevard is: St. Batumi, K. Gamsakhurdia Street No. 2.
Article 2. Functions and tasks of the boulevard
a) activities related to the development of boulevard greening projects and prospective programs;
b) maintenance, renovation and restoration works for green plants, decorative plants, flowers, etc., on the territory of the boulevard, ;
c)provision of effective conditions for health and recreation of the population, further expansion of the resort infrastructure;
d) creation of conditions corresponding to the modern needs of recreation and tourism for both organized and unorganized contingents of vacationers;
d) protection of resort factors from pollution and disruption of the ecological balance, compliance with sanitary standards;
e) preparation of well-founded long-term plans and recommendations for the development of the boulevard;
g) maintenance and ownership of the property in use by the boulevard, provision of various forms of use envisaged by the Civil Code of Georgia, and determination of the relevant conditions;
h) implementation of necessary measures to improve the infrastructure of the boulevard;
i) implementation of activities necessary for the formation of a "veterans' club" (hereinafter referred to as the club) (based on the building of the veterans' club in the use of the boulevard) and its functioning (creation of the club, registration of members, holding elections of persons authorized to represent and manage, including 2 honorary members) Organize interesting and effective functioning of the club Development and implementation of special target programs and events (organization of tournaments and award ceremonies for winners, provision of incentive gifts on holidays, presentation of prizes to winners in various nominations, etc.)
Boulevard, in order to realize its tasks and functions smoothly, has the right within its competence:
a) to submit proposals to the bodies of the executive authority, municipality regarding the implementation of necessary measures for the management and development of the boulevard;
b) to receive the necessary information, explanations and references;
c) to participate in the development and review of drafts of relevant legal acts;
d) to carry out auxiliary business activities within the limits established by the current legislation;
e) to cooperate with state and autonomous republic agencies, municipality bodies and local and international organizations on the issues included in its governance;
f) monitor the implementation of the execution of public procurement contracts, for which purpose it appoints a coordinator or creates a special control group from among the employees;
g) draw up a protocol on the offense provided for by the Code of Administrative Offenses of Georgia for a separate offense committed on the territory of the Boulevard;
h) exercise other powers determined by the current legislation.
The Boulevard carries out its activities under the supervision of the Ministry. If necessary, the Boulevard is obliged to perform the assigned tasks and functions on the basis of coordinated interaction with the relevant state (autonomous republic, municipality) bodies, institutions and organizations.
Article 3. Management of the Boulevard
The Boulevard is headed by the Boulevard Director, who is appointed to the position by the Government and dismissed from the position by the Government upon the proposal of the Minister or on its own initiative.
In order to select a candidate for the position of the Boulevard Director, the Ministry announces a simplified public competition and submits the candidate selected based on the results of the competition to the Government for appointment.
Director of the boulevard:
a) within the limits of powers established by law and these regulations, he/she solely and independently manages the activities of the Boulevard, acts on behalf of the Boulevard and represents it in relations with third parties without a special power of attorney;
b) is responsible for the accurate and timely execution of this regulation and legal acts regulating the activities of the Boulevard, as well as the tasks of the government and the chairman of the government arising from them;
c) is responsible for the proper management of the activities of the Boulevard, the targeted spending and use of the property of the Boulevard, including funds;
d) while exercising his powers, issues individual administrative legal acts, orders, signs financial and other documents related to the activity of the Boulevard;
e) approves the Charters of the Boulevard and the job description of the employees of the Boulevard;
f) by agreement of the Ministry, it determines and approves with an administrative act the staff list, salary fund, official positions and the list of expenses;
g) In agreement with the Minister, he is authorized to impose a supplement on the persons employed in the Boulevard during a certain period (no longer than until the end of the relevant budget year) for the performance of overtime work specified in Article 27-e of the "Georgian Labor Code", on the instructions of the director of the Boulevard and/or the immediate supervisor, for the performance of work that exceeds the employee's person
direct duties, although directly related to the goals and tasks of the Boulevard's activity, as well as for the performance of a task of special complexity and/or importance related to the Boulevard's activity;
h) appoints and dismisses employees of Boulevard in accordance with the law;
i) distributes functions between structural subdivisions and employees of the Boulevard, gives them appropriate instructions and tasks, in accordance with the legislation, supervises the activities of the heads and employees of the structural subdivisions of the Boulevard, holds meetings with the employees, periodically listens to the results of their work;
j) Approves the vacation schedule of Boulevard employees, ensures protection of legal rights and interests of Boulevard employees within the scope of authority;
k) in accordance with the law, he is authorized to apply measures of encouragement and disciplinary responsibility to the employees of Boulevard;
l) issues a power of attorney on behalf of Boulevard to Boulevard employees and other persons;
m) is authorized to open and close bank accounts in the name of Boulevard, enter into labor and other contracts (agreements) with natural and legal persons in accordance with the applicable legislation;
n) submits proposals to the Ministry and the Government on measures to improve the activity of the boulevard;
o) petitions for the disposal of the funds and material values needed to fulfill the tasks and functions of the boulevard;
p)makes decisions on the disposal of funds and material assets of the Boulevard necessary to fulfill of the tasks and functions of the Boulevard;
q) concludes transactions, announces electronic tenders, auctions and competitions on behalf of Boulevard;
r) through the Ministry, submits to the government the draft of the government's resolution on making amendments and additions to the regulation;
s) submits a report to the Ministry about the activities carried out by the boulevard once a quarter, as well as upon request;
t) performs other powers granted by the government and/or the ministry in accordance with the legislation, this provision;
The director of the Boulevard has three deputies, including one first deputy, who shall be appointed by the minister based on a simplified public competition held by the Ministry, and dismissed by the minister, upon the proposal of the director of the Boulevard or on his own initiative.
The deputy directors of the boulevard control and coordinate individual areas of the boulevard's activities. The specific powers of the deputies are determined by the director of the boulevard by the corresponding individual administrative legal act.
In case of the absence, impossibility or termination of the director of the boulevard, the duties of the director of the boulevard are temporarily performed by the first deputy director of the boulevard, and in the absence of the latter, one of the deputies of the director of the boulevard. In case of termination of the authority of the director of Boulevard, the deputies perform their duties until the appointment of a new director.
Article 4. The structure of the boulevard
The boulevard consists of the following structural subdivisions:
a) Administrative service;
b) Finance and State Procurement Service;
c) legal service;
d) Greening and landscape planning service;
e) Marketing and property management service;
f) Monitoring service;
g) Improvement service;
h) Public Relations Service.
The structural subdivision of the boulevard is headed by the chief, who is appointed and dismissed by the director of the boulevard in accordance with the legislation.
In case of the absence of the head of the structural subdivision of the Boulevard or his inability to exercise his official authority, the duties of the head of the structural subdivision shall be performed by one of the employees of the structural subdivision of the Boulevard based on the order of the director of the Boulevard.
Head of the Boulevard Structural Subdivision:
a) directs and directs the activities of the structural unit;
b) distributes duties among the employees of the structural subdivision and gives them tasks and instructions;
c) controls the performance of their duties by the employees of the structural unit;
d) signs and affixes a visa to the documents prepared by the structural unit within the delegated powers;
e) submits a report on the activities of the structural subdivision to the director of the boulevard or the deputy curator;
f) Performs other tasks on the instructions of the director of Boulevard and/or one of his deputies.
Article 5. Administrative service
Administrative service:
a) manages, monitors and analyzes human resources of Boulevard;
b) prepares the orders of the director of Boulevard in the field of management of human resources of Boulevard;
c) compiles the personal files of Boulevard employees;
d) ensures the organization and implementation of professional training, retraining and professional development of Boulevard employees;
i) develops labor regulations, job descriptions and monitors their implementation;
f) carries out the review and legal assessment of the facts of disciplinary misconduct identified in the Boulevard;
g) carries out the control of reporting to work of the persons employed in the boulevard, accounting and preparation of relevant documentation;
h) organizes document circulation in accordance with the uniform rules of proceedings;
i) ensures the inspection and control of the performance of the relevant legal acts;
k) records, processes and transfers completed documentation of proceedings (archiving), sends boulevard documents to various institutions and organizations;
l) ensures the release of public information in accordance with the legislation;
m) ensures the protection of the material values listed on the balance sheet of the boulevard;
n) ensures maintenance and renewal of the buildings listed on the balance sheet of the boulevard, material and technical base;
o) organizes supplies;
p) conducts economic activities;
q) manages the warehouse;
r) organizes the inventory of fixed assets, cash and financial resources of the Boulevard;
s) ensures smooth operation of Boulevard's computer network and equipment.
t) ensures proper operation and maintenance of official vehicles in use of the boulevard;
u) ensures the creation of appropriate working conditions for Boulevard employees, protection of a safe environment in the building;
v) in order to create appropriate conditions for the members and guests of the veterans club, ensures the creation and periodic updating of the relevant material and technical base (furniture, inventory, for various games and other entertainment events, etc.) necessary for the club's operation;
w) carries out daily inspections of compliance with labor and health and safety norms and production of relevant reports;
x) evaluates labor, health and safety risks and takes preventive measures, prepares relevant documentation;
y) analyzes incidents and accidents;
z) ensures the safety of machinery, work equipment and work equipment;
z1) ensures emergency management;
z2) c) conducts training and instruction, as well as prepares relevant documentation;
z3) within the scope of competence, ensures the review of the correspondence entered into the service and the preparation of the corresponding draft of the answer;
z4) within the scope of competence, participates in the development of the Boulevard budget project;
z5) exercises other powers granted by this provision and the applicable legislation.
Article 6. Finance and State Procurement Service
Finance and State Procurement Service:
a) ensures rational spending of funds;
b) organizes the implementation and maintenance of financial, economic and accounting records in the Boulevard system;
c) analyzes financial and accounting activities, prepares consolidated balance sheets and reports;
d) develops the budget and cost list projects of the boulevard, together with structural subdivisions of the boulevard;
e) compiles financial and statistical reports and submits them to the Ministry and the Treasury;
f) prepares targeted programs and relevant projects for the boulevard;
g) makes proper financial calculations;
h) ensures the timely preparation of financial documentation and the implementation of the operations; control over the proper use and spending of funds, timely accrual of salaries, preparation of payroll, and implementation of appropriate measures for timely settlement with enterprises, organizations and individuals in the process of executing the list of expenses;
i) provides control over cash settlement and assessment of material values, determination of inventory results and participation in accounting, accounting of amounts stipulated by agreements and implementation of relevant measures;
j) ensures relations with the Ministry regarding certain functions;
k) organizes state procurements, monitors the implementation of state procurements in accordance with the law and within the time limits;
l) consults the members of the tender commission regarding the applicable legislation in the field of state procurement;
m) in accordance with the Law of Georgia "On State Procurement", ensures the preparation of letters, reports, agreements, information and other materials in the State Procurement Agency and their timely submission to the Agency;
n) prepares materials for state procurement through simplified procurement;
o) develops the annual state procurement plan and determines the procurement procedure based on the annual value of the individual object to be purchased; also participates in the preparation of the (adjusted) draft amendments to the annual procurement plan;
p) identifies a conflict of interest in the implementation of state procurement and addresses the person facing a conflict of interest with a proposal to eliminate the conflict of interest;
q) develops the text of the tender announcement and tender documentation;
r) prepares state procurement contract drafts;
s) ensures the conclusion of agreements with the supplier and monitors the execution of the concluded agreement;
t) studies the deficiencies identified during the implementation of state procurement and provides recommendations for their elimination;
u) within the scope of competence, ensures consideration of the correspondence entered into the service and preparation of the corresponding draft of the answer;
v) exercises other powers granted by this provision and current legislation.
Article 7. Legal service
Legal service:
a) provides Boulevard with legal services;
b) prepares legal conclusions regarding disputes related to Boulevard's activities;
c) ensures the representation of Boulevard in judicial bodies;
d) carries out legal examination of individual administrative-legal acts of the director of Boulevard;
e) provides legal information to Boulevard employees;
f) carries out legal examination of draft agreements;
g) implements organizational and legal measures necessary for announcing contests and auctions;
h) carries out legal support for the execution of contracts concluded with Boulevard, and the development of relevant proposals;
i) provides legal support for the activities of the groups responsible for the implementation of Boulevard programs and projects;
j) ensures consideration of applications of citizens and legal entities and/or participation in the consideration;
k) within the scope of competence, reviews the correspondence entered into the service and prepares the corresponding draft of the answer;
m) participates in the development of the boulevard budget project within the scope of competence;
n) exercises other powers defined by the legislation and this provision.
Article 8. Greening and landscape planning service
The main functions and tasks of the greening and landscape planning service are:
a) regulation, coordination, elaboration of development policy and priority directions of greening and landscape planning works;
b) ensuring environmental protection, sanitary standards and environmental safety on the territory of the boulevard;
c) maintenance of lawns, green plants, decorative plants, flowers and their decorative formation on the territory of the boulevard; Projecting of squares and separate areas on the territory, processing and provision of their landscape design, restoration of damaged lawns, replacement of amortized and overgrown trees;
d) preparing information, conclusions, recommendations and projects related to the operation and development of the service and presenting them to the management of Boulevard;
e) on the state procurements carried out by Boulevard within the competence of the service and for its perfect functioning, inspection and supervision of procurement facilities and execution of acceptance-handover acts in accordance with the legislation; Determining the volume of necessary capital and current works and facilitating their implementation; If necessary, review and prepare for approval appropriate defective acts, cost lists and projects; accounting of proper property necessary for the operation of the service and carrying out necessary measures for maintenance;
f) supervising the development of agronomic and landscape design of the boulevard;
g) participation in the development of the boulevard budget project within the scope of competence;
h) review of the correspondence entered into the service within the scope of competence and preparation of the corresponding draft of the answer;
i) Implementation of other powers defined by the current legislation and this regulation.
Article 9. Marketing and property management service
The main functions and tasks of the Marketing and Property Management Department are:
a) collecting data from local and international market marketing studies, obtaining information about its condition and trends, creating an analysis and information base, preparing proposals for the strategic development of the boulevard based on the analysis of the obtained information and presenting them to the management;
b) determining the necessary funds for the implementation of marketing and submitting relevant proposals to the management;
c) submitting for registration to the relevant registration service of the public register of the real estate used by the boulevard;
d) development of proposals on the transfer of property owned by the state (autonomous republic) and/or municipality to the boulevard;
e) developing proposals for a strategic plan for the management and disposal of land used by the boulevard;
f) in accordance with the approved plan, preparing proposals for the transfer of specific property for the use of the boulevard;
g) development of proposals on the optimal disposal of property;
h) implementation of organizational and legal procedures related to the transfer of ownership of property, and after completion of these procedures, preparation of materials for signing the relevant agreement;
i) monitoring the fulfillment by the parties of the agreement related to the disposal of property;
j) issuing various types of permits on the territory of the boulevard within the scope of the activities entrusted to the boulevard;
k) determining the necessary funds for the implementation of property management and submitting relevant proposals to the management;
l) participation in the development of the boulevard budget project within the scope of competence;
m) within the scope of competence, reviewing the correspondence received in the service and preparing the corresponding draft of the answer;
n) Implementation of other powers defined by the current legislation and this regulation.
Article 10. Monitoring service
The functions and tasks of the monitoring service are:
a) Within the scope of delegated authority for the Boulevard, taking appropriate legal actions into consideration of the legislation in force in Georgia on individual offenses committed in the territory;
b) control of the prohibitive measures taken by the Boulevard administration, implementation of appropriate measures in order to comply with the established restrictions and requirements;
c) monitoring the fulfillment of the obligations assumed by the parties based on the agreements concluded in relation to the property owned and/or used by Boulevard, inspecting the property granted for use during the validity period of the concluded agreement, and ensuring timely and full collection of the imposed taxes;
d) implementation of monitoring of structural subdivisions of the boulevard;
e) based on official necessity, has the right to request all necessary documents from the structural divisions of the boulevard and, if necessary, receive them in the form of originals or certified copies;
f) controls and coordinates the work of the security service on the territory of the boulevard;
g) is responsible for presenting the results of monitoring to the director within a reasonable time after the completion of individual monitoring;
h) analyze the results of monitoring; i) develop proposals and recommendations based on the analysis of monitoring;
i) participate in the development of the budget project "Boulevard" within the limits of competence;
j) within the limits of competence, review of correspondence received by the service and preparation of a draft of the corresponding response;
k) Implementation of other powers defined by the current legislation and this regulation.
Article 11. Improvement service
The functions and tasks of the improvement service are:
a) development of infrastructural projects, obtaining information for planning, studying, processing, analyzing and delivering to the director of the boulevard in the form of information, conclusions, recommendations and projects;
b) development, implementation and control of engineering communications development projects;
c) preparation of technical assignment and estimated financial analysis for the purpose of procurement of project services planned in Boulevard;
d) carrying out necessary measures for the purchase of infrastructure maintenance services in the territory of the boulevard;
e) control of execution of signed contracts and work plan schedules, preparation of reports on the progress of works, acceptance and submission of relevant information to the management about the current status of projects;
f) study of problematic issues raised during infrastructure maintenance works and preparation of proposals for measures to be taken in order to eliminate them, for further consideration and appropriate decision making;
g) consideration of the circumstances revealed in the process of infrastructural project production, implementation of necessary changes in the project and discussion of proposed alternative proposals. Submitting proposals prepared and developed together with the relevant structural subdivisions of the boulevard to the leadership;
h) implementation of relevant measures for the ongoing maintenance of the existing infrastructure in Batumi Boulevard;
i) within the scope of competence, review of the correspondence entered into the service and preparation of the appropriate response draft;
j) participation in the development of the boulevard budget project within the scope of competence;
k) Implementation of other powers defined by the current legislation and this provision.
Article 12. Public relations service
Public relations service:
a) coordinates mass media and public relations in order to raise awareness about the main activities and directions of the boulevard within the scope of authority;
b) in order to study and form public opinion about Batumi Boulevard, conducts research and analytical works, increases access to information;
c) prepares and distributes informational, presentational and advertising materials reflecting current processes in the organization (news, projects, meetings, events, reports, etc.);
d) ensures the promotion of relations between the director of the Boulevard and the management of the Boulevard with the representatives of the mass media;
e) provides internal communication and information exchange;
f) ensures distribution of announcements on behalf of Boulevard, participation in television projects, organization of interviews, press conferences and media briefings;
g) creates and updates the archive of photo-video material;
h) ensures the intensive use of modern information technologies in order to increase the dissemination of information about the activities of the boulevard;
i) provides informational and graphic design of Boulevard's website and social media pages, updates/manages information, increases access to them;
j) plans and organizes relevant events in order to raise public awareness of the functional purpose of the boulevard;
k) obtains, studies/analyzes the necessary information for the planning and organization of events and provides relevant recommendations and conclusions to the management of the boulevard in the form of projects;
l) within the scope of competence, reviews the correspondence received in the service and prepares a draft of the corresponding answer;
m) within the scope of competence, participates in the development of the Boulevard budget project;
n) exercises other powers defined by the legislation and this regulation.
Article 13. State control of boulevard activities
The Ministry is the body implementing the state control of the activity of the boulevard.
State control of the Boulevard includes supervision of the legality, appropriateness, effectiveness and financial economic activities carried out by the Boulevard..
The minister has the right to suspend or cancel the unfair decision of the director of the boulevard. The minister has the right to request the materials and information necessary for the implementation of the control from the director of the boulevard.
The director of the Boulevard is obliged to submit a written report to the Ministry twice a year, and to the government upon request, on the activities carried out by the Boulevard, including the financial resources of the Boulevard;
The Ministry appoints an independent auditor to check the activities of the boulevard, if necessary.
Article 14. Activities of the boulevard requiring approval
Boulevard may, with the approval of the Ministry, carry out the following actions:
a) purchase, alienation and loading of real estate;
b) taking a loan;
c) surety;
d) determination of the budget, staff list and salary fund;
e) determining the limits of the funds to be allocated for the material incentives of employees, as well as the limits of the fuel to be purchased by the legal entity under public law and the communication costs to be incurred;
f) Making other decisions regarding the property, if they are beyond the scope of normal activities.
Article 15. Property of the boulevard
In order to implement the set goals and assigned functions, Boulevard has the necessary separate property, which is given to it for temporary use free of charge in accordance with the legislation in force in the Autonomous Republic of Adjara and the Municipality of Batumi.
Boulevard's property may also include property purchased and/or created with Boulevard's financial resources during the Boulevard's operation. Boulevard has the right to free use of such property, and the Autonomous Republic of Adjara has the right to ownership.
The property remaining after the liquidation of the Boulevard, except for the property transferred for use by the Batumi Municipality, remains the property of the Autonomous Republic of Adjara.
Other issues related to the Boulevard property are determined in accordance with the legislation of the Autonomous Republic of Georgia and Adjara.
Article 16. Sources of funding for the boulevard
The boulevard is financed from the republican budget of the Autonomous Republic of Adjara.
Boulevard's source of income can also be:
a) revenues received from the execution of state orders;
b) incomes received from the provision of services on the basis of a contract;
c) incomes received from auxiliary business activities;
d) targeted credits and grants;
e) other incomes permitted by the legislation of Georgia.
The funds and income provided for in this article are fully used to cover the expenses of the boulevard, pay salaries to the employees of the boulevard, and implement the goals and functions provided by the relevant normative acts and the regulations of the boulevard.
Article 17. Accounting statements of the Boulevard
The Boulevard is obliged to maintain accounting records and report on financial and economic activities in accordance with the legislation, including international accounting standards applicable in Georgia, prepare a balance sheet and submit it to the Ministry for approval.
The annual balance sheet of the Boulevard is audited by an independent auditor appointed by the Ministry.
Article 18. Reorganization and liquidation of the boulevard
Reorganization and liquidation of the boulevard is carried out in accordance with the current legislation.
Article 19. Amendments and additions to the regulations
Amendments and additions to the regulation are made by the government's decree, in accordance with the rules established by the legislation.