On Special State Ranks

 LAW OF GEORGIA

ON SPECIAL STATE RANKS

Chapter I – General Provisions

Article 1 – Scope of the Law

1. This Law determines the types, classifications, interrelations, and procedures for awarding or depriving special state ranks in the territory of Georgia.

2. Special ranks shall be established for the employees of the following state institutions:

a) the Ministry of Justice of Georgia;

b) the High Council of Justice of Georgia;

c) (deleted).

d) the Ministry of Finance of Georgia;

e) the Ministry of Internal Affairs of Georgia;

e¹) the State Security Service of Georgia;

f) the Special State Protection Service of Georgia;

g) (deleted – 5.5.2011, No 4652);

h) the Ministry of Corrections of Georgia;

i) the Intelligence Service of Georgia;

j) the Ministry of Defence of Georgia; 

[k) the Emergency Management Service – the special purpose state institution under the direct subordination of the Prime Minister of Georgia. (Shall enter into force from 1 August 2018)]

3. This Law shall not apply to the employees of the Ministry of Foreign Affairs of Georgia who have been awarded diplomatic ranks, nor to military service members, to the judges of the Constitutional Court and common courts, nor to a member of the High Council of Justice of Georgia, who serves as the Chairperson of the Supreme Court of Georgia, and as an MP of Georgia.

4. It shall not be permitted to award special ranks not provided for by this Law.

Law of Georgia No 1223 of 21 December 2001 – LHG I, No 1, 10.1.2001, Art. 6

Law of Georgia No 1889 of 25 December 2002 – LHG I, No 3, 17.1.2003, Art. 16

Law of Georgia No 4273 of 29 December 2006 – LHG I, No 51, 31.12.2006, Art. 432

Law of Georgia No 5677 of 28 December 2007 – LHG I, No 49, 28.12.2007, Art. 432

Law of Georgia No 222 of 15 July 2008 – LHG I, No 17, 28.7.2008, Art.138

Law of Georgia No 469 of 1 November 2008 – LHG I, No 30, 7.1.2008, Art. 188

Law of Georgia No 967 of 30 December 2008 – LHG I, No 41, 30.12.2008, Art. 339

Law of Georgia No 4118 of 17 December 2010 – LHG I, No 75, 27.12.2010, Art. 474

Law of Georgia No 4425 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 4462 of 22 March 2011 – website, 1.4.2011

Law of Georgia No 4652 of 5 May 2011 – website, 13.5.2011

Law of Georgia No 1799 of 13 December 2013 – website, 28.12.2013

Law of Georgia No 3959 of 8 July 2015 – website, 15.7.2015

Law of Georgia No 2614 of 27 June 2018 – website, 6.7.2018

Article 2 – Categories of special ranks

Special ranks shall be divided into the following categories:

a) lower special rank;

b) middle special rank;

c) senior special rank;

d) highest special rank.

Chapter II – Special Ranks

Article 3 – Special ranks in the systems of the Ministry of Justice of Georgia and the High Council of Justice of Georgia

1. The following special ranks shall be established in the systems of the Ministry of Justice of Georgia and the High Council of Justice of Georgia:

a) middle special rank – Junior Lawyer, III Class Lawyer, II Class Lawyer, I Class Lawyer;

b) senior special rank – Junior Councillor of Justice, Councillor of Justice, Senior Councillor of Justice;

c) highest special rank – State Councillor of Justice, Chief State Councillor of Justice.

2. (Deleted).

3. The following special ranks shall be established in the Police Division of the legal entity under public law called the National Bureau of Enforcement functioning under the Ministry of Justice of Georgia:

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel.

4. The special ranks of employees of the Police Division of the legal entity under public law called the National Bureau of Enforcement functioning under the Ministry of Justice of Georgia shall be followed by the words 'of Justice'.

5. (Deleted).

Law of Georgia No 1223 of 21 December 2001 – LHG I, No 1, 10.1.2001, Art. 6

Law of Georgia No 222 of 15 July 2008 – LHG I, No 17, 28.7.2008, Art.138

Law of Georgia No 469 of 1 November 2008 – LHG I, No 30, 7.1.2008, Art. 188

Article 4 – Special ranks of the Ministry of Finance of Georgia

1. The following special ranks shall be established within the system of in the Ministry of Finance of Georgia:

a) middle special rank – Junior Inspector, III Class Inspector, II Class Inspector, I Class Inspector;

b) senior special rank – III Class Advisor, II Class Advisor, I Class Advisor;

c) highest special rank – State Councillor of Finance, Chief State Councillor of Finance.

2. The special ranks of employees of the system of the relevant service in the Ministry of Finance shall be followed by the name of the service.

3. The following special ranks shall be established for officials of the relevant service of the Ministry of Finance determined by an order of the Minister of Finance of Georgia:

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel;

d) highest special rank – Major-General.

4. Lower and middle special ranks shall be awarded to members of the relevant service of the Ministry of Finance of Georgia by the head of the service; senior special ranks shall be awarded by the Minister of Finance of Georgia upon the recommendation of the head of the relevant service; and the highest special ranks shall be awarded by the President of Georgia.

Law of Georgia No 3101 of 26 August 2003 – LHG I, No 29, 18.9.2003, Art. 226

Law of Georgia No 3393 of 24 February 2004 – LHG I, No 5, 4.3.2004, Art. 15

Law of Georgia No 1623 of 15 June 2005 – LHG I, No 33, 1.7.2005, Art. 207

Law of Georgia No 4273 of 29 December 2006 – LHG I, No 51, 31.12.2006, Art. 432

Article 5 – Special ranks of the Ministry of Internal Affairs of Georgia

1. The following special ranks shall be established within the system of the Ministry of Internal Affairs of Georgia (except for the state sub-agency of the Ministry of Internal Affairs of Georgia called the Border Police of Georgia):

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel;

d) highest special rank – Major-General, Lieutenant-General, Colonel-General.

2. The following special ranks shall be established within the state sub-agency of the Ministry of Internal Affairs of Georgia called the Border Police of Georgia:

a) lower special rank – Corporal/Navy Corporal, Junior Sergeant/Junior Warrant Officer, Sergeant/ Warrant Officer, Senior Sergeant/Senior Warrant Officer, Master-Sergeant/Master-Warrant Officer of the Border Police of Georgia;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain/Captain-Lieutenant of the Border Police of Georgia;

c) Senior Special Rank – Major/Captain Third Rank, Lieutenant-Colonel/Captain Second Rank, Colonel/Captain First Rank of the Border Police of Georgia;

d) highest special rank – Major-General/Vice-Admiral, Lieutenant General/Admiral of the Border Police of Georgia.

3. Employees of the state sub-agency of the Ministry of Internal Affairs of Georgia called the Border Police of Georgia shall be awarded special ranks, except for the highest special ranks, by the head of the state sub-agency of the Ministry of Internal Affairs of Georgia called the Border Police of Georgia.

4. The special ranks of employees of the system of the Ministry of Internal Affairs of Georgia (except for the state sub-agency of the Ministry of Internal Affairs of Georgia called the Border Police of Georgia) shall be followed by the words 'of Police'.

4¹. (Deleted – 7.12.2017, No1709).

5. The special ranks of employees of the state sub-agency of the Ministry of Internal Affairs of Georgia called the Border Police of Georgia shall be followed by the words 'of the Border Police of Georgia'.

6. The graduates of the legal entity under public law called the Academy of the Ministry of Internal Affairs of Georgia shall be awarded a middle special rank – Lieutenant.

Law of Georgia No 2217 of 7 May 2003 – LHG I, No 15, 4.6.2003, Art. 107

Law of Georgia No 3150 of 25 May 2006 – LHGI, No 19, 1.6.2006, Art. 138

Law of Georgia No 5596 of 24 June 2016 – website, 13.7.2016

Law of Georgia No1709 of 7 December 2017 – website, 14.12.2017

Article 5¹ – Special ranks of the Special State Protection Service of Georgia

1. The following special ranks shall be established in the Special State Protection Service of Georgia:

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel;

d) highest special rank – Major-General, Lieutenant-General, Colonel-General.

2. The special ranks of employees of the Special State Protection Service of Georgia shall be followed by the words 'of State Protection'.

Law of Georgia No 1889 of 25 December 2002 – LHG I, No 3, 17.1.2003, Art. 16

Article 5² – (Deleted)

Law of Georgia No 5677 of 28 December 2007 – LHG I, No 49, 28.12.2007, Art. 432

Law of Georgia No 672 of 10 December 2008 – LHG I, No 38, 19.12.2008, Art. 240

Law of Georgia No 3056 of 4 May 2010 – LGH I, No 26, 20.5.2010, Art. 176

Law of Georgia No 4425 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 4652 of 5 May 2011 – website, 13.5.2011

Article 5³ – Special ranks of the Special Penitentiary Service of the Ministry of Corrections of Georgia, the General Inspection and Investigation Departments of the Ministry of Corrections of Georgia, and the legal entity under public law called the National Agency for Enforcement of Non-Custodial Sentences and Probation functioning under the Ministry of Corrections of Georgia

1. The following special ranks shall be established in the Special Penitentiary Service of the Ministry of Corrections of Georgia, the General Inspection and the Investigation Department of the Ministry of Corrections of Georgia, and the legal entity under public law called the National Agency for Enforcement of Non-Custodial Sentences and Probation functioning under the Ministry of Corrections of Georgia:

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel;

d) highest special rank – Major-General, Lieutenant-General.

2. The special ranks of employees shall be followed by the words 'of Justice'.

Law of Georgia No 967 of 30 December 2008 – LHG I, No 41, 30.12.2008, Art. 339

Law of Georgia No 1148 of 27 March 2009 – LHG I, No 9, 13.4.2009, Art. 39

Law of Georgia No 1934 of 3 November 2009 – LGH I, No 35, 19.11.2009, Art. 239

Law of Georgia No 2210 of 1 December 2009 – LHG I, No 42, 10.12.2009, Art. 314

Law of Georgia No 1799 of 13 December 2013 – website, 28.12.2013

Law of Georgia No 3546 of 1 May 2015 – website, 18.5.2015

Article 5⁴ – Special ranks of the Georgian Intelligence Service

1. The following special ranks shall be established in the Georgian Intelligence Service:

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel;

d) highest special rank – Major-General, Lieutenant-General, Colonel-General.

2. The special ranks of employees of the Georgian Intelligence Service shall be followed by the words 'of Intelligence'.

Law of Georgia No 2985 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 151

Article 5⁵ – Special ranks of the Ministry of Defence of Georgia

1. The following special ranks shall be established in the Ministry of Defence of Georgia:

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel;

d) highest special rank – Major-General, Lieutenant-General.

2. The special ranks of employees of the Ministry of Defence of Georgia shall be followed by the words 'of Defence'.

3. Persons with military ranks who have been dismissed from military service may be awarded the relevant special ranks provided for by this article in accordance with the procedure established by an order of the Minister of Defence of Georgia.

4. Under an individual administrative and legal act of the Minister of Defence of Georgia:

a) a person may be awarded a lower special rank – Junior Sergeant, or a middle special rank – Lieutenant, in the case of the completion of the course defined by the above act;

b) positions may be determined, and the persons having a special rank or a lower special rank who are appointed to such positions shall automatically be awarded a middle special rank – Junior Lieutenant.

5. Qualification requirements may be introduced by an individual administrative and legal act of the Minister of Defence of Georgia for the purposes of promotion in rank.

Law of Georgia No 4118 of 17 December 2010 – LHG I, No 75, 27.12.2010, Art. 474

Article 5⁶ – Special ranks of the State Security Service of Georgia

1. The following special ranks shall be established in the State Security Service of Georgia:

a) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c) senior special rank – Major, Lieutenant-Colonel, Colonel;

d) highest special rank – Major-General, Lieutenant-General, Colonel-General.

2. The special ranks of employees of the State Security Service of Georgia shall be followed by the words 'of State Security'.

Law of Georgia No 3959 of 8 July 2015 – website, 15.7.2015

Article 5⁷ – Special ranks of the special purpose state institution under the direct subordination of the Prime Minister of Georgia called the Emergency Management Service

1. The following special ranks shall be established in the special purpose state institution under the direct subordination of the Prime Minister of Georgia called the Emergency Management Service:

a ) lower special rank – Private, Junior Sergeant, Sergeant, Senior Sergeant, Master Sergeant;

b ) middle special rank – Junior Lieutenant, Lieutenant, Senior Lieutenant, Captain;

c ) senior special rank – Major, Lieutenant-Colonel, Colonel;

d ) highest special rank – Major-General, Lieutenant-General, Colonel-General.

2. Special ranks of employees of special purpose state institution under the direct subordination of the Prime Minister of Georgia called the Emergency Management Service shall be followed by the words: ‘of Public Security’.

Law of Georgia No 1709 of 7 December 2017 – website, 14.12.2017

Chapter III – Terms of Service for Awarding Special Ranks

Article 6 – Terms of service for awarding special ranks

1. For promotion in rank, the following terms of service with a special rank shall be established:

a) Junior Lieutenant, Junior Lawyer, Junior Inspector – 1 year;

b) Lieutenant, III Class Lawyer, III Class Inspector – 2 years;

c) Senior Lieutenant, II Class Lawyer, II Class Inspector – 3 years;

d) Captain, Captain-Lieutenant, I Class Lawyer, I Class Inspector – 3 years;

e) Major, Captain Third Rank, Junior Councillor of Justice, III Class Advisor, Inspector – 4 years;

f) Lieutenant-Colonel, Captain Second Rank, Councillor of Justice, II Class Advisor, Leading Inspector – 5 years;

g) Colonel, Captain First rank, Senior Councillor of Justice, I Class Advisor, Chief Inspector – 5 years.

2. When an employee is transferred from an institution to another institution as specified in Article 1(2) of this Law, the employee shall be awarded a special rank, and the period served with a special rank, which had been awarded before the award of the relevant special rank, shall be counted in the term of service for the purposes of promotion in rank.

3. A term of service with a special rank not specified in this article shall be defined by persons referred to in Article 7(1) of this Law.

Law of Georgia No 3150 of 25 May 2006 – LHG I, No 19, 1.6.2006, Art. 138

Law of Georgia No 5070 of 27 June 2007 – LGH I, No 26, 11.7.2007, Art. 245

Law of Georgia No 5677 of 28 December 2007 – LHG I, No 49, 28.12.2007, Art. 432

Law of Georgia No 4118 of 17 December 2010 – LHG I, No 75, 27.12.2010, Art. 474

Law of Georgia No 4956 of 24 June 2011 – website, 11.7.2011

Chapter IV – Award and Deprivation of Special Ranks

Article 7 – Awarding special ranks

1. The procedure for awarding a special rank shall be defined by the head of the relevant state institution, whereas for the members of the High Council of Justice of Georgia and for the officers of its staff, the procedure for awarding special ranks shall be defined by the High Council of Justice of Georgia.

2. Lower, middle and senior special ranks shall be awarded by the head of the relevant state institution. He/she may delegate the right to award lower and middle special ranks to the head of a unit operating within the system of the given institution.

3. The highest special rank shall be awarded by the President of Georgia.

4. The members of the High Council of Justice of Georgia shall be awarded lower, middle and senior special ranks by a decision of the High Council of Justice of Georgia, and the officers of its staff shall be awarded lower, middle and senior special ranks by an order of the Secretary of the High Council of Justice of Georgia.

5. Promotion in rank shall be carried out by taking into account the relevant previous special rank and the highest rank determined for the occupied position under the staff list, or other relevant legal acts.

6. Special ranks shall be awarded in the order of priority established by this Law. A special rank may not be awarded by skipping a rank, except when an employee with a lower special rank is awarded, in accordance with the established procedure, an entry level special middle rank (Junior Lieutenant or the equivalent rank), which may be determined by a normative act of the relevant authorised body (official).

7. Where an employee has no special rank, the employee shall be awarded a special rank upon his/her appointment to the relevant position.

8. An employee who has been subject to a disciplinary liability measure or is being prosecuted, or is subject to an official inquiry for a violation related to discipline at work, shall not be awarded a special rank until the disciplinary measure has been lifted, the prosecution has been terminated on exonerative grounds, or the official inquiry has been completed.

Law of Georgia No 1223 of 21 December 2001 – LHG I, No 1, 10.1.2001, Art. 6

Law of Georgia No 1354 of 20 April 2005 – LHG I, No 19, 28.4.2005, Art. 126

Law of Georgia No 222 of 15 July 2008 – LHG I, No 17, 28.7.2008 Art.138

Law of Georgia No 4118 of 17 December 2010 – LHG I, No 75, 27.12.2010, Art. 474

Law of Georgia No 4462 of 22 March 2011 – website, 1.4.2011

Law of Georgia No 4956 of 24 June 2011 – website, 11.7.2011

Article 8 – Awarding special ranks ahead of time

1. An employee shall be awarded a special rank ahead of time:

a) on the basis of the results of assessment;

b) for special merit;

c) for faithful service, as an incentive.

2. Lower, middle and senior special ranks shall be awarded ahead of time by officials specified in Article 7(2) and (4) of this Law.

3. The procedures and conditions for awarding lower, middle and senior special ranks ahead of time shall be defined by persons specified in Article 7(1) of this Law.

Law of Georgia No 4956 of 24 June 2011 – website, 11.7.2011

Law of Georgia No 4375 of 27 October 2015 – website, 11.11. 2015

Law of Georgia No 151 of 21 December 2016 – website, 28.12.2016

Article 9 – Deprivation of special ranks

1. A person may be deprived of a special rank as a disciplinary measure.

2. The procedures and conditions for the deprivation of special ranks shall be defined by subjects specified in Article 7(1) of this Law.

3. Disputes relating to the deprivation of special ranks shall be settled in court.

Law of Georgia No 4462 of 22 March 2011 – website, 1.4.2011

Article 10 – Social guarantees

1. Supplements to salaries envisaged for special ranks, and other occupational and social security guarantees, shall be determined by the legislation of Georgia.

2. Upon the recommendation of the relevant state institution, a service uniform and insignia may be introduced for a specific special rank. The description of, and the procedure for wearing, the service uniform and insignia in separate state institutions shall be approved by the Government of Georgia.

3. In the case of an unreasonable delay in the award of a special rank, an employee shall be entitled to seek compensation of all remuneration that he/she would have received had the special rank been awarded in a timely manner.

4. In the case of the reinstatement of an unlawfully dismissed employee, the entire period of compulsory absence from service shall be counted towards the term of service with the relevant special rank.

Law of Georgia No 1260 of 20 September 2013 – website, 1.10.2013

Chapter V – Transitional and Final Provisions

Article 11 – Transitional provision

1. Until the entry into force of this Law, the procedure for ensuring the equivalence of the special ranks of tax and customs services with those established under this Law shall be defined by the Minister of Tax Revenues of Georgia.

2. The highest special rank of the General of Justice, awarded to persons before the entry into force of this Law, shall be counted as the rank of a Major-General of Justice.

Article 12 – Final provisions

1. The provisions of this Law may not be used as grounds for the deprivation of a special rank awarded before the entry into force of this Law.

2. Upon the entry into force of this Law, the Articles of the Law of Georgia on Special and Diplomatic Ranks (Gazette of the Parliament of Georgia, 1993,  No 6, Art. 99), except for Article 12¹, shall be deemed invalid.

3. This Law shall enter into force upon its promulgation.

President of Georgia            Eduard Shevardnadze

Tbilisi

5 December 2000

No 640-Iს