Status and powers of Governor of Gagauzia
THE GOVERNOR OF GAGAUZIA
(The Code of Gagauzia (GagauzYeri))
The Governor (Bashkan) of Gagauzia is the highest official of Gagauzia. He governs all the public authorities of Gagauzia.
(1) The Governor of Gagauzia is the guarantor of the implementation of this Law Code, the rights and freedoms of a man and a citizen.
(2) The Governor of Gagauzia preserves the status of Gagauzia, the coordinated functioning and interaction of its public authorities.
The Governor of Gagauzia represents the Gagauzian autonomy within Moldova and in international relations.
(1) The Governor of Gagauzia shall be elected for a term of four years on the basis of universal, equal and direct, secret and free on an alternative basis.
(2) The elections will be considered as void if the attendance of the electorate is less than a half in the first round, and less than one-third in the second round. The chosen candidate hence is the one who receives more than a half of votes from the attended electorate.(3) The results of election of the Governor of Gagauzia is recognized as valid by the Tribunal of Gagauzia.
(1) The Governor (Bashkan) of Gagauzia can be a citizen of the Republic of Moldova, who reached the age of 35, resides or resided in the territory of Gagauzia and who speaks Gagauz language.
(2) The same person cannot hold the office of Governor of Gagauzia for more than two consecutive terms.
(1) The procedure of the election, the inauguration of the Governor of Gagauzia and his/her powers are defined by this Code and the local laws. The powers of the Governor of Gagauzia cannot be used to the detriment of the citizens of Gagauzia.
(2) All other elections or appointments to office, as well as the assignment of powers of the Governor of Gagauzia are illegal and invalid.
(1) On assuming the office, the Governor of Gagauzia shall take the following oath:
(2) "I solemnly swear to faithfully serve the people of Gagauzia, to respect and protect the rights and freedoms of man and citizen, strictly abide the Constitution of the Republic of Moldova, the Code and the laws of Gagauzia, conscientiously fulfill my high duties of the Governor of Gagauzia."
(3) The oath shall be made no later than 30 days after the official announcement of the election results, in a solemn ceremony at the special session of the National Assembly and the Tribunal of Gagauzia in the Gagauz language
(1) The Governor of Gagauzia shall take office from the date of taking the oath.
(2) The Governor of Gagauzia shall remain in office until the newly elected governor takes the oath.
(3) Office tenure of the Governor of Gagauzia can be extended by law in case of emergency, state of siege or war.
The Governor of Gagauzia by the Decree of the President of the Republic of Moldova is appointed a member of the Government of the Republic of Moldova.
The Governor of Gagauzia has immunity and cannot be held legally responsible for the views expressed in the exercise of authority.
The Governor of Gagauzia:
1) represents Gagauzia in matters of internal and foreign policy of the Republic of Moldova concerning the interests of Gagauzia;
2) governs the Executive Committee of Gagauzia in accordance with the law;
3) presents to the People's Assembly of Gagauzia for their approval the structure and composition of the Executive Committee;
4) forms the administration of the governor of Gagauzia;
5) signs local laws;
6) issues the decisions and orders binding for execution on the territory of Gagauzia;
7) administers public authorities in Gagauzia and facilitates their interactions;
8) in agreement with the People's Assembly of Gagauzia, appoints and dismisses the heads of district administrations of Gagauzia;
9) has the right to initiate the issue of holding a local referendum in the manner prescribed by the law of Gagauzia;
10) has the right to anticipatory dissolve the People's Assembly of Gagauzia in case of failing to form the Executive Committee of Gagauzia within 45 days after its composition proposal or in case of blocking the draft of the budget law of Gagauzia within two months. The National Assembly may be dissolved after a consultation of the governor with the factions and the Presidium of the People's Assembly. The National Assembly may be dissolved only after minimum of two rejected proposals of the Governor on the composition of the Executive Committee;
11) in accordance with the law, forms and leads the Coordinating Council of Gagauzia in the fight against crime;
12) addresses messages to the people of Gagauzia;
13) presents to the People's Assembly of Gagauzia the annual information on the activities of public authorities;
14) awards and confers honorary titles of Gagauzia;
15) has the right of the legislative initiative in the People 's Assembly of Gagauzia;
16) appoints and dismisses the head of the municipal police in consultation with the chief of the Internal Affairs of Gagauzia.
The Governor of Gagauzia has the right, in case of disagreement with a local law, to forward it to the People's Assembly of Gagauzia for review in no later than ten-days-period. In case the National Assembly revokes for the local law with two-thirds of the votes of the elected deputies, the law is considered valid and the governor of Gagauzia has to sign it.
(1) The powers of the Governor of Gagauzia can be terminated anticipatory in the event of non-compliance with the Constitution of the Republic of Moldova, the law "on the special legal status of Gagauzia (GagauzYeri)" of this Code and local laws, regulations of the People's Assembly of Gagauzia as well as the commission of the crime by the governor confirmed by the court decision.
(2) A proposal about dismissal of the Governor of Gagauzia can be initiated by at least one-third of the members of the National Assembly and shall be brought to the attention of the Governor of Gagauzia so that he/she can give the explanations on the charges made against him/her.
(3) In the case when the National Assembly passes a resolution on the dismissal of the governor of Gagauzia, the referendum regarding this dismissal has to be conducted no later than in 30-days-period. The order of the referendum shall be set according to the local law.
(1) In the case when the Governor of Gagauzia, due to health issues or other objective reasons is unable to perform his duties, the interim execution of his duties shall be run by the Deputy Chairman of the Executive Committee of Gagauzia.
(2) New elections of the governor of Gagauzia shall be held no later than within the three-months-period after the vacancy became available.