Law of Georgia on the Public Service Development Agency

LAW OF GEORGIA ON THE PUBLIC SERVICE DEVELOPMENT AGENCY

Chapter I - General Provisions

Article 1- Scope of regulation

This Law defines the legal status of the Public Service Development Agency (‘the Agency’), the main principles and directions of its operation, its relations with other administrative bodies, and natural and legal persons.

Article 2 - Legal status of the Agency

The Agency is a legal entity under public law established on the basis of this Law and operating within the governance of the Ministry of Justice of Georgia.

Article 3 - Legal basis for the Agency operation

The legal basis for the Agency operation shall be the Constitution of Georgia, treaties and international agreements of Georgia, this Law, the Statute of the Agency, and other legislative and subordinate normative acts of Georgia.

Chapter II - Main Provisions

Article 4 - Goals and main functions of the Agency

1. Goals of the Agency shall be:

a) facilitating development of public services, introducing new and innovative services;

b) supporting projects and reforms that are important for the development of the country;

c) maintaining and continuously improving the civil registry;

d) fulfilling tasks and functions defined by this Law and other legal acts of Georgia.

2. Main functions of the Agency shall be:

a) establishing and smoothly functioning the organised system of registration of and document issuance to the citizens of Georgia, aliens residing in Georgia, and other persons under the legislation of Georgia, as well as providing access to the relevant data, as laid down in the legislation of Georgia;

b) initiating and facilitating the implementation of ideas focused on improving and increasing the efficiency of public services;

c) initiating and implementing development-oriented projects, based on the country needs;

d) supporting other administrative bodies for increasing their work efficiency and improving their services;

e) registering civil acts, making changes, amendments and/or addenda to civil records, invalidating civil records, re-registering civil acts, and issuing civil registration certificates;

f) establishing facts of legal significance within its competence;

g) establishing the legal relation of persons with Georgia, reviewing the issues related to acquisition and termination of the citizenship of Georgia, and issuing appropriate reports;

h) determining and terminating the status of stateless person;

i) registering natural persons according to their place of residence and de-registering them;

j) issuing citizenship and identity documents;

k) creating and issuing digital signature certificates and authentication certificates, and providing the related services under the procedure established by the legislation of Georgia.

l) creating and issuing cryptographic key certificates, and providing the related services under the procedure established by the legislation of Georgia.

m) issuing residence permits;

n) providing consular registration and de-registration of the citizens of Georgia;

o) issuing emigration permits;

p) legalising and apostillising documents issued in Georgia and intended for sending to another state as determined by the legislation of Georgia;

q) reviewing files of administrative offences falling within its competence as determined by law and imposing administrative penalties;

r) performing other functions required for achieving its own goals, and exercising other powers under the legislation of Georgia.

3. In addition to performing functions directly provided for by this Law and other legislative and subordinate normative acts of Georgia, the Agency may carry out other activities (render services) based on agreements concluded with administrative bodies, natural and legal persons, unless the activities (services) contradict the legislation of Georgia.

3¹. The Agency, based on its competency, shall be authorised to receive from judicial and administrative bodies, as well as from medical and educational institutions, information provided for in paragraph 3² of this article, to create and administer the appropriate database for the purpose of promoting apostille certification/legalisation of documents.

3². The Government of Georgia shall approve the list of the data necessary for apostille certification/legalisation of documents issued by judicial and administrative bodies, as well as by medical and educational institutions, the procedures for creating the appropriate database and apostille certification and legalisation of documents.

4. Other administrative body may exercise the powers (render the services) falling within the competence of the Agency or perform certain activities that are necessary to exercise the above powers (render the above services) based on an agreement concluded with the Agency or under a legal act of the Minister of Justice of Georgia.

5. Consular officials of diplomatic representations or consular offices of Georgia abroad (‘the consular officials’) shall exercise the powers (render the services) of the Agency within the powers delegated by the Agency under the legislation of Georgia. The procedure for exercising delegated powers by the consular officials and the scope of delegating powers shall be defined by a joint order of the Minister of Foreign Affairs of Georgia and the Minister of Justice of Georgia.

Law of Georgia No 1014 of 6 September 2013 – website, 23.9.2013

Law of Georgia No 2053 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 5023 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 5035 of 27 April 2016 – website, 13.5.2016

Article 4¹ – Civil Registry

Civil Registry is a systematic combination of data concerning the Georgian citizenship and migration issues, registration of civil acts, registration of natural persons according to their place of residence and issuance of identity documents.

Law of Georgia No 5035 of 27 April 2016 – website, 13.5.2016

Article 5 - Support to administrative bodies

The conditions for the Agency to support other administrative bodies shall be defined by a legal act of the Government of Georgia and/or an agreement concluded with the respective administrative body.

Article 6 - Services rendered by the Agency and service fees

1. A service shall be an activity implemented by the Agency according to the Organic Law of Georgia on the Citizenship of Georgia, the Law of Georgia on the Procedure for Registering the Citizens of Georgia and Aliens Residing in Georgia, for Issuing Identity (Residence) Cards and Passports of a Citizen of Georgia, the Law of Georgia on Civil Status Acts, and the Law of Georgia on Legal Status of Aliens and Stateless Persons, this Law and other normative acts.

2. A service fee shall be a fixed mandatory payment, including value added tax, for services rendered by the Agency and the consular official within the delegated powers.

3. The timeframes for services rendered by the Agency and the consular officials within the delegated powers and the amounts of the service fee, the procedure and conditions for paying the service fee, refunding the fees paid and exempting from paying the fee shall be defined by an ordinance of the Government of Georgia, an order of the Minister of Justice of Georgia and/or an agreement.

Article 7 - Management and administration of the Agency

1. The Chairman of the Agency shall manage the Agency. The Minister of Justice of Georgia shall appoint and dismiss the Chairman. The Chairman of the Agency shall represent the Agency in the relations with third parties and shall exercise full administrative powers within the Agency.

2. The functions and powers of the Chairman shall be defined by the Statute of the Agency.

3. The Chairman of the Agency may have deputies.

Article 8 - Structure and territorial offices of the Agency

1. The Agency may exercise its powers through structural sub-divisions and territorial offices of the Agency.

2. The names of structural sub-divisions and territorial offices of the Agency and the procedure for exercising their powers, as well as other issues related to the Agency activities shall be defined by the Statute of the Agency. The Minister of Justice of Georgia shall approve the Statute of the Agency.

3. (Deleted – 27.04.2016, No 5035).

4. Regarding the issues falling within the powers of the Agency, the Chairman of the Agency may establish an advisory board to consist of representatives of other administrative bodies, local and international organisations, as well as experts and specialists in the relevant fields.

Law of Georgia No 5035 of 27 April 2016 – website, 13.5.2016

Article 9 - Property and income of the Agency

1. To achieve its goals and perform its functions, the Agency shall have property. The property forming procedure shall be defined by the legislation of Georgia.

2. The property of the Agency shall consist of fixed and floating assets, as well as other material values ​​and financial resources to be entered into the balance sheet of the Agency.

3. Funding sources of the Agency shall be:

a) funds allocated from the State Budget of Georgia

b) fees fixed for services rendered by the Agency

c) income from services rendered under an agreement

d) credits and grants

e) revenues in the form of donations

f) other revenues permitted by the legislation of Georgia.

4. To achieve its goals and fulfil its objectives, the Agency may give grants. The Minister of Justice of Georgia shall approve the procedure for the Agency to give grants.

Article 10 - State control over the Agency activities

The Ministry of Justice of Georgia shall exercise state control over the Agency activities, as determined by the legislation of Georgia.

Article 11 – Procedure for terminating the Agency activities and liquidating the Agency

The Agency activities shall be terminated and the Agency shall be liquidated as provided for by the legislation of Georgia.

Chapter III - Transitional and Final Provisions

Article 12 - Transitional provisions

1. The Legal Entity under Public Law (LEPL) – the Civil Registry Agency shall be reorganised into the Legal Entity under Public Law (LEPL) – the Public Service Development Agency. LEPL Public Service Development Agency shall be a legal successor of LEPL Civil Registry Agency.

2. The Ministry of Justice of Georgia shall ensure to implement measures related to reorganising LEPL Civil Registry Agency as determined by the legislation of Georgia within one month after this Law is enacted. LEPL Civil Registry Agency shall perform the functions of LEPL Public Service Development Agency until the above measures are completed.

Article 13 - Enactment of the Law

This Law shall enter into force on the fifteenth day after its promulgation.

President of Georgia                                                                                                                                                      M. Saakashvili

Tbilisi

25 May 2012

No 6319-IS