Regulations

Government of the Autonomous Republic of Adjara

Resolution No. 11

November 29, 2022

Batumi

On Approval of the Regulations on the Legal Entity of Public Law - Batumi Boulevard, Article 6 of the Law of Georgia "On Legal Entity of Public Law", Article 6 of the Law of the Autonomous Republic of Adjara "On the Structure, Powers and Mode of Operation 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",

1. To approve the statute of the legal entity of public law - Batumi Boulevard, according to the appendix.

2. To be declared invalid Resolution No. 7 of the Government of the Autonomous Republic of Adjara dated March 5, 2018 "On the approval of the statute of the public law legal entity - Batumi Boulevard" (www.matsne.gov.ge, 06/03/2018, 040030000.32.057.016273).

3. The Resolution enters into force on January 1, 2023.

Chairman of the Government of the Autonomous Republic of Adjara Tornike Rizhvadze Appendix to the Decree of the Government of the Autonomous Republic of Adjara dated November 29, 2022 No. 11

Article 1. General regulations

1. Legal entity of public law Batumi Boulevard (hereinafter - Boulevard) is a legal entity (institution) of public law created on the basis of the property of the Autonomous Republic of Adjara in accordance with the Law of Georgia "On Legal Entity of Public Law", by the decree of the Government of the Autonomous Republic of Adjara (hereinafter the Government) which includes in the system of the Ministry of Finance and Economy of the Autonomous Republic of Adjara (hereinafter - the Ministry).

2. "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 of Public Law", other relevant legislative and subordinate legal acts and this regulation.

3. 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.

5. Boulevard has an independent balance sheet, list of expenses, bank treasury accounts, stamp, letterhead and other requisites of a legal entity.

6. The legal address of the boulevard is: St. Batumi, K. Gamsakhurdia Street No. 2.

Article 2. Functions and tasks of the boulevard

Functions and tasks of the boulevard:

a) activities for the development of projects and promising programs for greening the boulevard;

b) green spaces, ornamental plants, flowers, etc. on the boulevard. repair and restoration work;

c) provision of effective conditions for the improvement and recreation of the population, further expansion of the resort infrastructure;

d) creation of conditions that meet the modern needs of recreation and tourism for both organized and unorganized contingents of vacationers;

e) protection of resort factors from pollution and violation of the ecological balance, compliance with sanitary standards;

f) preparation of substantiated long-term plans and recommendations for the development of the boulevard;

g) maintenance of property in use of the boulevard, ensuring its use in various forms provided for by the Civil Code of Georgia, determination of relevant conditions;

h) implementation of the necessary measures for the improvement of the boulevard;

i) implementation of measures necessary for the formation of the "Veterans Club" (hereinafter - the Club) (on the basis of the building of the Veterans Club in the use of the boulevard) and for its functioning (establishment of the club, registration of members, holding of elections of persons authorized for representation and leadership, including 2 honorary members) Organization, development and implementation of special purpose programs and events (organization of tournaments and awarding ceremonies for winners, supply of incentive gifts on holidays, awarding of prizes to winners in various nominations, etc.) to ensure interesting and effective functioning of the club.

2. Boulevard, for the purpose of unimpeded implementation of its tasks and functions, within its competence, has the right to:

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;

a) submit proposals to the executive authorities, the municipality regarding the implementation of the 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 economic 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) to exercise control over the execution of contracts on state procurement, for which to assign a coordinator or create a special team of employees

g) to draw up a report on an offense provided for by the Code of Georgia on Administrative Offenses for a separate offense committed on the territory of a boulevard;

h) to exercise other powers defined by the current legislation.

3. The boulevard operates under the control of the Ministry. If necessary, the Boulevard is obliged to fulfill the tasks and functions assigned to it on the basis of coordinated interaction with the relevant state (autonomous republic, municipality) bodies, institutions and organizations.

Article 3. Management of the boulevard

1. The boulevard is headed by the director of the boulevard, who is appointed by the government and dismissed by the government on the proposal of the minister or on his own initiative.

2. In order to select a candidate for appointment to the position of Director of the Boulevard, the Ministry announces a simplified public competition and submits the selected candidate for appointment to the government.

3. Director of the boulevard:

a) Within the limits of authority established by law and this regulation, single-handedly 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 implementation of this regulation and the 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 Boulevard s activities, targeted spending and use of Boulevard s property, including funds;

d) in the exercise of his powers, issues individual administrative and legal acts-orders, signs financial and other documents related to the activities of the Boulevard;

e) approves the bylaws of the Boulevard and the job description of the employees of the Boulevard;

f) in agreement with the Ministry, determines and approves by an administrative act the staff list, the salary fund, job duties and list of expenses;

g) in agreement with the Minister, have the right to impose on persons employed on the Boulevard, an additional payment for a certain period (no more than until the end of the corresponding budget year) for the performance of overtime work specified in Art. 27-d of the Labor Code of Georgia, on behalf of the director of the Boulevard and or immediate supervisor, for performing work that exceeds the direct duties of the employee,

although directly related to the goals and objectives of the Boulevard, as well as for performing tasks of particular complexity and (or) the importance associated with the activities of the Boulevard;

h) appoints and dismisses employees of the Boulevard in the manner prescribed by law;

I ) allocates functions between the structural subdivisions and employees of the Boulevard, gives them appropriate assignments and tasks in accordance with the law, exercises control over the activities of the heads and employees of the structural subdivisions of the Boulevard, holds meetings with employees, periodically listens to the results of their work;

j) approves the vacation schedule of Boulevard employees, ensures protection of the 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 employees of Boulevard and other persons;

m) is authorized to open and close accounts in the bank on behalf of Boulevard, to conclude labor and other contracts (agreements) with individuals and legal entities in accordance with the applicable legislation;

n) submit proposals to the Ministry and the Government on measures to improve the activities of the boulevard;

o) apply for the disposal of funds and material assets necessary for the fulfillment of the tasks and functions of the boulevard;

p) makes a decision on the disposal of the boulevard s funds and material values, which are needed to fulfill the tasks and functions of the boulevard;

q) concludes transactions, announces electronic auctions, auctions and competitions on behalf of Boulevar

r) through the Ministry submits to the Government a draft resolution of the Government on amendments and additions to the regulation;

s) submits a report on the activities carried out by Boulevard to the Ministry 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 and them.

4. The Director of the Boulevard has three deputies, including one first deputy, who are appointed by the minister based on a simplified public competition held by the ministry, and dismissed by the minister, on the proposal of the director of the boulevard or on his own initiative.

5. 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 in the relevant individual administrative-legal act.

6. In case of the absence, impossibility or termination of the authorities 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 deputy directors of the boulevard. In the event of the termination of the powers of the Director of the Boulevard, his deputies shall perform their duties until the appointment of a new director.

Article 4. Structure of the Boulevard

1. 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.

2. 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.

3. 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.

4. Head of the Structural Subdivision of the Boulevard :

a) supervise and direct the activities of the structural unit;

b) distributes duties among employees of the structural unit and gives them instructions and directions;

c) controls the fulfillment by the employees of the structural subdivision of their duties;

d) signs and affixes a visa to the documents prepared by the structural subdivision within the delegated powers;

e) submits a report on the activity 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

1. Administrative service:

a) manages, monitors and analyzes human resources of the 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 advanced training of the employees of the Boulevard;

e) develops labor regulations, job descriptions and controls their implementation;

f) carries out verification and legal assessment of the facts of a disciplinary offense revealed in relation to 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 execution of relevant legal acts and control tasks;

j) records, processes and transfers the completed documentation of proceedings (archiving) to the archive, sends boulevard documents to various institutions and organizations;

k) ensures the release of public information in accordance with the legislation;

l) ensures the protection of the material values listed on the balance sheet of the boulevard;

m) provides maintenance and renewal of the buildings and structures, material and technical base listed on the balance sheet of the boulevard;

n) organizes supplies;

o) conducts economic activities;

p) manages warehouse farming;

q) organizes the inventory of the Boulevard s fixed assets, cash and financial assets;

r) ensures smooth operation of Boulevard s computer network and hardware.

s) ensures proper operation and maintenance of official vehicles in use of the boulevard;

t) ensures the creation of appropriate working conditions for Boulevard employees, protection of a safe environment in the building;

u) in order to create appropriate conditions for the members and guests of the veterans club, ensures the creation and periodic updating of the appropriate material and technical base (furniture, inventory, for various

games and other entertainment events, etc.) necessary for the club s operation;

v) carries out daily inspections of compliance with labor, health and safety norms and production of relevant reports;

w) evaluates labor, health and safety risks and takes preventive measures, prepares relevant documentation;

x) analyzes incidents and accidents;

y) ensures the safety of machinery, work equipment and work equipment;

z) to ensure the management of emergency situations;

-) provides trainings and instructions and preparation of relevant documentation;

-) 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;

-) within the scope of competence, participates in the development of the Boulevard budget project;

-) 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) provides and maintains financial, economic and accounting records in the Boulevard system;

c) performs analysis of financial and accounting activities, preparation of collective balances, reports;

d) develops the draft budget and estimate documentation of the boulevard together with the structural subdivisions of the boulevard;

e) compiles financial and statistical reports and submits them to the Ministry and Treasury;

f) prepares targeted programs and relevant projects for the boulevard;

g) makes proper financial calculation;

h) ensures the timely execution of financial documentation and the implementation of the operations; control over the proper use and spending of funds, the timely accrual of salaries, the preparation of payrolls, the implementation of appropriate measures for the timely execution of settlements with enterprises, organizations and individuals in the process of completing the list of expenses;

i) provides control over cash settlement and assessment of material values, determination of inventory results and acceptance of 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 the manner and within the time limits established by the legislation;

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 (corrected) draft of changes to the annual procurement plan;

p) reveals a conflict of interest during the implementation of state procurement and addresses the person who faced the 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 procurements and present recommendations for their elimination;

u) within the scope of competence, ensures consideration of the correspondence entered into the service and preparation of the appropriate response draft;

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 the necessary organizational legal measures for the announcement of contests, auctions;

h) carries out legal supervision of the execution of agreements signed with Boulevard and 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 a draft of the corresponding 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 regulation.

Article 8. Greening and landscape planning service

The main functions and tasks of the greening and landscape planning service are:

a) regulation, coordination, development of development policy and priority directions of greening and landscape planning works;

b) ensuring protection of the environment and sanitary norms and ecological safety in the territory of the boulevard;

c) the maintenance of lawns, green spaces, ornamental plants, flowers and their decorative formation on the territory of the boulevard; Designing squares and individual plots on the territory, processing and providing their landscape design, restoring damaged lawns, replacing of amortizedand overgrown trees;

d) preparation of information, conclusions, recommendations and projects related to the functioning and development of the service, and their presentation to the leadership of the Boulevard;

e) on state procurements carried out by Boulevard within the competence of the service and for its perfect functioning, implementation of inspection and supervision of procurement objects 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

appropriate response draft;

i) Implementation of other powers defined by the current legislation and this provision.

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 research, obtaining information about its condition and trends, analyzing and creating an 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) Submission of materials for recording the real estate in use of the boulevard to the corresponding registration service of the public register for registration;

d) development of proposals on the transfer of property owned by the state (autonomous republic) and/or municipality to the boulevard;

e) development of proposals regarding the strategic plan for the management and disposal of the land used by the boulevard;

f) in accordance with the approved plan, preparation of proposals for the transfer of specific property in 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 the property and after completion of the mentioned procedures, preparation of materials for signing the relevant contract;

i) implementation of control over the fulfillment of the terms of the agreement by the parties to the agreement related to the disposal of property;

j) Issuance of different types of permits in the territory of the boulevard within the scope of activities delegated to the boulevard;

k) determining the necessary funds for the implementation of property management and submitting relevant proposals to the management;

m) participation in the development of the Boulevard budget project within the scope of competence;

n) review of the correspondence entered into the service within the scope of competence and preparation of the appropriate response draft;

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 framework 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) control over the fulfillment of obligations assumed by the parties on the basis of agreements concluded in relation to property owned and or used by Bulvar, inspection of property used during the period of the agreement, ensuring timely and complete collection of taxes levied;

d) monitoring the structural subdivisions of the boulevard;

e) based on official needs, he is authorized to request from the structural subdivisions of the boulevard all the necessary documents at their disposal and, if necessary, to receive them in the form of originals or certified copies;

f) controls and coordinates the work performed by the security service on the territory of the boulevard;

g) it is accountable to submit the monitoring results to the director within a reasonable period of time after completion of individual monitoring;

h) to carry out the analysis of monitoring results;

i) develops proposals and recommendations based on monitoring analysis;

j) to participate in the development of the Boulevard budget project within the competence;

k) within the scope of competence, review of the correspondence entered into the service and preparation of the appropriate response draft;

m) Implementation of other powers defined by the current legislation and this provision.

Article 11. Improvement service

The functions and tasks of the improvement service are:

a) obtaining, studying, processing, analyzing and delivering information for the development and planning of infrastructural projects to the director of 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 in order to implement the purchase of project services planned on Boulevard;

d) carrying out necessary measures for the purchase of infrastructure maintenance services in the territory of the boulevard;

e) control of the execution of signed contracts and work plan-schedules, preparation of reports on the progress of works, acceptance-handover and presentation 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) Taking into account the circumstances revealed in the process of the production of infrastructure projects, considering the implementation of necessary changes in the project and the proposed alternative proposals. Submitting proposals prepared and developed together with the relevant structural subdivisions of the boulevard to the management;

h) implementation of appropriate measures for the ongoing maintenance of the existing infrastructure on 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 regulation.

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, presentation and advertising materials reflecting current processes (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 spread of information about the activities of the Boulevard;

i) provides information and graphic design of Boulevard s website and social media pages, updates/manages information, increases access to them;

k) plans and organizes relevant events in order to raise public awareness of the functional purpose of the boulevard;

l) 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;

m) within the scope of competence, reviews the correspondence received in the service and prepares a draft of the corresponding answer;

n) 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

1. The Ministry is the body implementing the state control of the activity of the boulevard.

2. State control of the Boulevard includes the supervision of the legality, expediency, effectiveness and financial and economic activities of the activities carried out by the Boulevard.

3. 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 from the Director of the Boulevard the materials and information necessary for the implementation of the control .

4. 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 funds; of the Boulevard;

5. The Ministry appoints an independent auditor to check the activity of the boulevard, if necessary.

Article 14. Activities of the boulevard that require approval

Boulevard may take the following actions with the approval of the Ministry:

a) Real estate purchase, alienation and encumbrance;

b) taking a loan;

c) suretyship;

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. Boulevard property

1. 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.

2. 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.

3. The remaining property 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.

4. Other issues related to the Boulevard property are determined in accordance with the legislation of Georgiahe and Autonomous Republic of Adjara.

Article 16. Sources of funding for the boulevard

1. The boulevard is financed from the republican budget of the Autonomous Republic of Adjara.

2. Boulevard s source of income can also be:

a) revenues received from the execution of state orders;

b) revenues received from services provided on the basis of the contract;

c) incomes received from auxiliary business activities;

d) targeted credits and grants;

e) other incomes permitted by the legislation of Georgia.

3. The funds and revenues provided for in this article are fully used to reimburse 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. It is not allowed to use Boulevard s funds and income for any other purpose.

Article 17. Accounting statements of the Boulevard

1. Boulevard is obliged to make accounting and reporting of financial and economic activities in accordance with the legislation, including international accounting reporting standards applicable in Georgia, to prepare a balance sheet and submit it to the Ministry for approval. 2. The annual balance sheet of Boulevard is checked by an independent auditor appointed by the Ministry.

Article 18. Reorganization and liquidation of Boulevard

Reorganization and liquidation of the boulevard is carried out in accordance with the current legislation.

Article 19. Introduction of amendments and additions to the regulations

Amendments and additions to the regulation are made by government decree in accordance with the rules established by law.

Statute of a legal entity of public law - Batumi Boulevard