Law of Georgia On Operative Investigatory Activities

Law of Georgia

on Operative and Investigative Activities

Chapter I – General Provisions

Article 1 – Operative and investigative activities

1. Operative investigative activity is a system of measures performed by the special services of state agencies within the scope of their authority by overt or covert methods provided for by this Law in order to protect human rights and freedoms, the rights of legal persons, and public security against criminal and other unlawful encroachments. 

2. For the purposes of this Law, the terms used herein shall have the following meanings:

a) interviewing of a person – a personal interview between an operative or an investigator and a natural person who has some information on an incident being investigated or on persons related to such incident; an interview is voluntary and an interviewee is not warned about criminal liability for giving false testimony or for refusing to testify. An operative or an investigator shall duly prepare a report on the interview, which shall not be made available to the interviewee for inspection;

b) collection of information – official collection by an operative or an investigator of the facts that are essential for performing the tasks specified in Article 3 of this Law from forensic, operative and investigative or other sources of information; 

c) visual control – operational surveillance which is covertly performed by an operative, an investigator or an operative and investigative body directly or by operational and technical means;

d) test purchase – a purchase of an object or a substance or the creation of the situation for its purchase (without an intention of resale or consumption), a purchase of a service and/or the creation of the situation for its purchase, the buying of a human in order to detect a crime provided for by Article 143¹ or 143² of the Criminal Code of Georgia, or the carrying out of another illegal transaction in relation to him/her and/or the creation of the situation of its carrying out by an operative, an investigator or an operative and investigative body based on information obtained from operative and investigative activities;

e) controlled delivery – for the purpose of proper investigation of a crime and identification of the person that has committed it, controlled movement of material evidence within the territory of Georgia (or in cases provided for by international agreement, outside Georgia as well), from a foreign state into Georgia or through Georgia;

f) identification of a person – establishing the identity of an accused person or of a person to be verified on the basis of fingerprint files, or traces, smells or secretions left at a crime scene;

g) examination of objects and documents – the examination of objects and documents by visual or technical means, which is not treated as expert opinion;

h) electronic communication identification data – the data provided for by Article 2(z⁶⁹) of the Law of Georgia on Electronic Communications;

i) secret collaborator (confidant) – a natural person who has attained the age of 18 years and who voluntarily, on the basis of a contract, collaborates with an operative and investigative body or with an investigator and who carries out his/her contractual obligations;

j) setting up of an undercover organisation – the establishment of an organisation of any legal form by an operative and investigative body or an investigator in order to infiltrate a criminal organisation;

k) electronic communications company – a company provided for by Article 2(z⁶⁷) of the Law of Georgia on Electronic Communications.

Law of Georgia No 2267 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art.370

Law of Georgia No 3619 of 24 December 2010 – LHG I, No 51, 29.9.2010, Art.332

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3537 of 1 May 2015 – website, 18.5.2015

Law of Georgia No 478 of 22 March 2017 – website, 27.3.2017

Law of Georgia No 5620 of 19 December 2019 – website, 26.12.2019

Article 2 – Principles of operative and investigative activities

1. Operative and investigative activities are based on the principles of protecting and respecting human rights and freedoms, safeguarding the rights of legal persons, as well as on legality, secrecy and the combination of overt and covert methods.

2. Operative and investigative measures may be carried out only where prescribed by law and where it is necessary to accomplish legitimate objectives in a democratic society, such as ensuring national security or public safety, preventing disturbances or the commission of crimes, protecting the interests of the economic well-being of the country and the rights and freedoms of its citizens.

3. Operative and investigative measures are necessary in a democratic society where required due to urgent public need or where they constitute appropriate and proportionate means for achieving a legitimate purpose.

4. The extent of operative and investigative measures and the information obtained through such measures shall be proportionate to the legitimate purpose and objective of the operative and investigative measure.

5. An operative and investigative measure may not be implemented if it:

a) poses a threat to human life, health, honour, dignity and property;

b) prejudices the rights of legal persons;

c) is connected with deceit, blackmail, coercion or with the commission of a crime or other unlawful acts.

Law of Georgia No 1370 of 20 April 2005 – LHG I, No 19, 28.4.2005, Art. 140

Law of Georgia No 1682 of 17 June 2005 – LHG I, No 35, 4.7.2005, Art.21

Law of Georgia No 3619 of 24 December 2010 – LHG I, No 51, 29.9.2010, Art.332

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Article 3 – Objectives of operative and investigative activities

The objectives of operative and investigative activities are to:

a) identify, put an end to and prevent a crime or any other unlawful act;

b) identify a person who prepares, commits or who has committed a crime or other unlawful act;

c) for the purpose of presenting him/her to a relevant state authority, locate a person who, despite having been summoned, fails to appear before an investigation or a court; to search for an accused or convicted person and ensure their appearance before a relevant state authority if such person avoids the application of an imposed measure of coercion or the serving of an imposed sentence;

d) search for and identify the property lost due to criminal or other unlawful activity;

e) search for a missing person;

f) obtain necessary facts in a criminal case;

g) identify (name, surname, age, citizenship) the perpetrator of a crime or of any other unlawful act;

h) provide information and analytical support for the management of prison facilities.

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3537 of 1 May 2015 – website, 18.5.2015

Article 4 – Legal grounds for operative and investigative activities

1. The legal grounds for operative and investigative activities are the Constitution of Georgia, the international agreements of Georgia, this Law and other normative acts of Georgia.

2. State authorities performing operative and investigative activities shall have the right, within the scope of their powers, on the basis of this Law and under the procedure established by law, with the consent of the General Prosecutor of Georgia, to issue departmental normative acts with respect to individual issues relating to operative and investigative activities.

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 663 of 30 May 2013 – website, 24.6.2013

Law of Georgia No 3799 of 30 November 2018 – website, 13.12.2018

Article 5 – Publicity and operative and investigative activities

1. Operative and investigative activities shall be highly classified. Only the persons defined by this Law, and the Head of the Personal Data Protection Service and a person authorised by him/her, within the scopes provided for by the Law of Georgia on Personal Data Protection, shall have the right to become familiar with the data, documents and sources related to such activities, under the established procedure. 

1 ^{​ 1} . A prosecutor may, by a reasoned order, declassify documents and materials relating to operative and investigative activities (except for the documents and materials specified in Article 21(2) of this Law) in order to use them as evidence, unless the declassification of such documents and materials prejudices the vital interests of the country in respect of defence, economy, foreign relations, intelligence activities, state security and public order. 

2. The disclosure of information on operative and investigative activities by a person to whom such information has been confided or who has become aware of such information in connection with his/her official duties, shall incur criminal liability for disclosing a state secret.

3. (Deleted – 1.8.2014, No 2635).

4. Information on a secret collaborator engaged in operative and investigative activities or the source of information may not be revealed or disclosed irrespective of the elapsed time, except as provided for by this Law.

5. (Deleted – 1.8.2014, No 2635).

Law of Georgia No 2468 of 25 December 2009 – LHG I, No 1, 4.1.2010, Art.370

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3282 of 21 July 2018 – website, 9.8.2018

Law of Georgia No 4251 of 27 December 2018 – website, 29.12.2018

Law of Georgia No 4596 of 5 May 2019 – website, 8.5.2019

Law of Georgia No 1317 of 30 December 2021 – website, 13.1.2022

Article 6 – Legal guarantees for protecting human rights and freedoms, as well as the rights of legal persons in operative and investigative activities

1. Operative and investigative activities may not be carried out in pursuance of objectives that are not provided for in this Law.

2. A person who considers that an operative and investigative measure conducted with respect to him/her has resulted in an unlawful restriction of his/her rights and freedoms may appeal against the lawfulness of such an operative and investigative measure to a higher state authority, prosecutor or court. If such operative and investigative measures are recognised as unlawful, the information obtained by such measures shall be deemed inadmissible evidence in accordance with the Criminal Procedure Code of Georgia. The burden of proving the lawfulness of an operative and investigative measure shall be with the authority that conducted the operative and investigative measure.

3. Authorities (public servants) conducting operative and investigative activities shall be prohibited from secretly participating in the activities of the legislative, executive and judiciary bodies, or in the activities of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara and of a municipality. It shall be prohibited to secretly participate in the activities of officially registered public and political organisations or religious organisations, unless such activities are intended to subvert or forcibly change the constitutional order of Georgia, to encroach on the independence of the country, to violate the territorial integrity of Georgia or unless such organisations are engaged in war propaganda or violence, or incite national, local, religious or social discord. In those cases, the consent of the General Prosecutor of Georgia shall be required.

4. Information that has been obtained by operative and investigative activities and that is not related to a person's criminal activities, but contains details of his/her private life, may not be disclosed or used for any purpose. Such information may not be stored and it must be immediately destroyed. The destruction of such information shall be notified to the General Prosecutor of Georgia and the court in the territory where the operative and investigative measure has been conducted or the court according to the place of investigation.

4 ^{​ 1} . Materials obtained through an operative and investigative measure provided for by Article 7(3)(a) of this Law must be destroyed immediately after passing of the 6 months following the termination of the operative and investigative measure. The materials shall be destroyed by a prosecutor who has filed a motion with the court for conducting an operative and investigative measure with the participation of the judge that has issued the ruling concerned. A report on the destruction of the aforementioned materials shall be prepared and it shall be confirmed by signatures of the prosecutor and the judge concerned. The report shall be forwarded to the Personal Data Protection Service, and it shall be entered into the Register of Secret Investigative Activities.

5. The unlawful restriction of the rights and freedoms of natural and legal persons by bodies (public servants) conducting operative and investigative activities shall carry liability under the legislation of Georgia.

Law of Georgia No 289 of 5 May 2000 – LHG I, No 18. 15.5.2000, Art.46

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 663 of 30 May 2013 – website, 24.6.2013

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 478 of 22 March 2017 – website, 27.3.2017

Law of Georgia No 3282 of 21 July 2018 – website, 9.8.2018

Law of Georgia No 3799 of 30 November 2018 – website, 13.12.2018

Law of Georgia No 4251 of 27 December 2018 – website, 29.12.2018

Law of Georgia No 4596 of 5 May 2019 – website, 8.5.2019

Law of Georgia No 6980 of 15 July 2020 – website, 28.7.2020

Law of Georgia No 1317 of 30 December 2021 – website, 13.1.2022

Chapter II – Conduct of Operative and Investigative Measures

Article 7 – Concept of an operative and investigative measure

1. An operative and investigative measure is an action carried out by a state body or an official duly authorised under this Law, who/which, within the scope of his/her/its powers, ensures the fulfilment of the objectives specified in Article 3 of this Law.

2. In order to accomplish these objectives, the bodies conducting operative and investigative activities shall, overtly or covertly, use:

a) the interviewing of a person;

b) the collection of information and visual control;

c) the test purchase;

d) the controlled delivery;

e) the examination of objects and documents;

f) the identification of a person;

g) the censorship of the correspondence of an arrested, detained and convicted person;

h) the obtaining of electronic communication identification data;

i) (Deleted – 1.8.2014, No 2635).

j) the infiltration of a secret collaborator or an operative into a criminal group under the established procedure;

k) the setting up of an undercover organisation under the established procedure;

l) the monitoring of Internet communications – observing the ongoing open and closed type Internet communications in the global information network (Internet) and participating in them, and creating a situation for an illegal obtaining of computer data in order to determine the identity of a person that has committed a crime. [(the normative content related to the words of the same provision 'observing Internet communications' has been invalidated) – decision No 1/2/519 of the Constitutional Court of Georgia of 24 October 2012 – website 30.10.2012]

2¹. When carrying out the controlled delivery, presumable evidence can be fully or partially replaced with a preliminarily marked and/or fake (simulated) item, document, substance or another object. For this purpose, it shall be permissible to purposefully make the fake (simulated) item, document, substance or another object, with respect to which act a report shall be prepared.

3. A body conducting operative and investigative activities shall, when searching for a missing person, when searching for an accused or convicted person in order to bring him/her before a state body concerned if he/she avoids the application of a coercive measure imposed on him/her or the serving of an imposed sentence, or when searching for property lost as a result of a crime, have the right to:

a) request electronic communication identification data from an electronic communications company or the Legal Person under Public Law – the Operational-Technical Agency of Georgia under the procedure established by Article 136 of the Criminal Procedure Code of Georgia;

b) apply to the Legal Person under Public Law – the Operational-Technical Agency of Georgia under the procedure established by Chapter XVI¹ of the Criminal Procedure Code of Georgia to carry out real-time geolocation tracking of the mobile communications equipment.

3 ^{​ 1} . The operative and investigative measure provided for by paragraph 2(h) of this article may also be carried out against a judge by a ruling of the Chairperson of the Supreme Court upon a reasonable petition of the General Prosecutor of Georgia.

4. (Deleted – 1.8.2014, No 2635).

5. (Deleted – 1.8.2014, No 2635).

6. The list of measures specified in paragraph 2 of this article may be changed or supplemented only under this Law.

7. A report shall be prepared at the time of conducting an operative and investigative measure; the report shall describe the circumstances in which technical means were used. The report, along with the obtained materials, shall be stored in accordance with this Law.

8. An official of the body conducting an operative and investigative activity shall personally participate in the conduct of the measures specified in paragraph 2 of this article, and at the same time, such official may use the assistance of specialists in a specific field, and the voluntary overt or covert assistance of certain persons.

Law of Georgia No 289 of 5 May 2000 – LHG I, No 18. 15.5.2000, Art.46

Law of Georgia No 808 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art.187

Law of Georgia No 1370 of 20 April 2005 – LHG I, No 19, 28.4.2005, Art.140

Law of Georgia No 1682 of 17 June 2005 – LHG I, No 35, 4.7.2005, Art.214

Law of Georgia No 2941 of 28 April 2006 – LHG I, No 14. 15.5.2006, Art.95

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 2468 of 25 December 2009 – LHG I, No 1, 4.1.2010, Art.1

Law of Georgia No 3619 of 24 December 2010 – LHG I, No 51, 29.9.2010, Art.332

Law of Georgia No 6251 of 22 May 2012 – website, 29.5.2012

Decision No 1/2/519 of 24 October 2012 of the Constitutional Court of Georgia – website, 30.10.2012

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3537 of 1 May 2015 – website, 18.5.2015

Law of Georgia No 478 of 22 March 2017 – website, 27.3.2017

Law of Georgia No 3799 of 30 November 2018 – website, 13.12.2018

Law of Georgia No 5620 of 19 December 2019 – website, 26.12.2019

Article 8 – Legal grounds for conducting operative and investigative measures

1. The legal grounds for conducting operative and investigative measures shall be:

a) an instruction of the prosecutor, or of the investigator with the consent of the prosecutor, on the conduct of an operative and investigative measure in respect of a case conducted by him/her/them;

b) an instruction of the prosecutor, or of the investigator with the consent of the prosecutor, on the conduct of an operative and investigative measure when there is a duly received report or notification that a crime or any other unlawful action is being prepared, or is in progress or has been committed, and which requires the conduct of an investigation, but there are no elements of a crime or of any other unlawful action that would be sufficient to commence an investigation, and in such case, the period of the operative and investigative measure shall not exceed 7 days;

c) an order for the search for a person who is hiding from an investigation, or from the court or who is avoiding the serving of a sentence;

d) a person gone missing, or the discovery of an unidentified body or ownerless property;

e) an inquiry and request of a body conducting operative and investigative activities;

f) an inquiry and request of an international law enforcement organisation or of a foreign law enforcement body under an agreement on legal assistance;

g) where so provided for by Article 55(2) of the Imprisonment Code, a written order of the General Director of the state sub-agency within the Ministry of Justice – the Special Penitentiary Service.

2. In the cases specified in paragraph 1(b) and (e) of this article, if a request for an operative and investigative measure is related to the collection of information on the criminal act of a person, then, where there is no sufficient information for the commencement of an investigation, the period of the operative and investigative measure shall not exceed 7 days.

3. If the operative information on the criminal action of a person requires the collection of additional data, the period specified under paragraph 2 of this article for an operative and investigative measure may be extended for up to 3 months on the basis of a reasoned decree of the head of the operative and investigative body and with the consent of the prosecutor.

4. The period specified in paragraph 3 of this article for an operative and investigative measure may be extended for up to 6 months on the basis of a request of the deputy head of the relevant state agency authorised to conduct operative and investigative activities and with the consent of the Deputy General Prosecutor of Georgia.

5. In exceptional cases, the period specified in paragraph 4 of this article for an operative and investigative measure may be extended for up to 12 months on the basis of a request of the head of the relevant state agency authorised to conduct operative and investigative activities and with the consent of the General Prosecutor of Georgia. The duration of an operative and investigative measure may not be extended any further.

6. In the case provided for by paragraph 1(g) of this article, operative and investigative measures shall continue until the grounds for their commencement have been eliminated, but not longer than 12 months.

Law of Georgia No 496 of 26 October 2004 – LHG I, No 32, 10.11.2004, Art.145

Law of Georgia No 1370 of 20 April 2005 – LHG I, No 19, 28.4.2005, Art.140

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 3619 of 24 December 2010 – LHG I, No 51, 29.9.2010, Art.332

Decision of the Constitutional Court of Georgia No 2/1/484 of 29 February 2012 – website, 13.3.2012

Law of Georgia No 6060 of 24 April 2012 – website, 3.5.2012

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3537 of 1 May 2015 – website, 18.5.2015

Law of Georgia No 3132 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 3799 of 30 November 2018 – website, 13.12.2018

Article 9 – Conditions for conducting operative and investigative activities

1. An individual person's citizenship, nationality, sex, position, place of residence, membership of public associations, or religious or political beliefs shall not prevent the conduct of operative and investigative measures with respect to such person in the territory of Georgia unless otherwise provided for by law.

2. (Deleted – 1.8.2014, No 2635).

3. Operative and investigative measures that ensure well-coordinated work of the operational agencies and investigators of the Ministry of Internal Affairs of Georgia, the Ministry of Justice of Georgia, the Ministry of Defence of Georgia, the Ministry of Finance of Georgia, the State Security Service of Georgia, the Georgian Intelligence Service and the Special State Protection Service of Georgia (only when conducting operative and investigative measures) and of the investigators of the Special Investigation Service and employees of the Special Investigation Service performing operative and investigative activities (only when conducting operative and investigative measures), and the protection of the rights and freedoms of their employees, shall be carried out on the basis of this Law under the procedure established by the normative acts of an appropriate state agency.

Law of Georgia No 2265 of 22 July 1999 – LHG I, No 38(45), 4.8.1999, Art.184

Law of Georgia No 432 of 28 April 2000 – LHG I, No 24. 30.6.2000, Art.66

Law of Georgia No 808 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art.187

Law of Georgia No 1370 of 20 April 2005 – LHG I, No 140, 28.4.2005, Art. 140

Law of Georgia No 2267 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art.370

Law of Georgia No 4128 of 27 December 2006 – LHG I, No 49, 29.12.2006, Art.362

Law of Georgia No 5034 of 22 June 2007 – LHG I, No 26. 11.7.2007, Art.241

Decision of the Constitutional Court of Georgia No 1/3/407 of 26 December 2007 – LHG IV, No 1, 4.1.2008, p.117

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 960 of 30 December 2008 – LHG I, No 41, 30.12.2008, Art.334

Law of Georgia No 1015 of 27 February 2009 – LHG I, No 4. 12.3.2009, Art.15

Law of Georgia No 2987 of 27 April 2010 – LHG I, No 24. 10.5.2010, Art.153

Law of Georgia No 4410 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 4732 of 3 June 2011 – website, 22.6.2011

Law of Georgia No 1786 of 13 December 2013 – website, 28.12.2013

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3937 of 8 July 2015 – website, 15.7.2015

Law of Georgia No 3132 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 3282 of 21 July 2018 – website, 9.8.2018

Law of Georgia No 4251 of 27 December 2018 – website, 29.12.2018

Law of Georgia No 4896 of 28 June 2019 – website, 28.6.2019

Law of Georgia No 4986 of 20 September 2019 – website, 23.9.2019

Law of Georgia No 1317 of 30 December 2021 – website, 13.1.2022

Article 10 – Termination of operative and investigative measures

1. An operative and investigative measure shall be terminated if:

a) a specific objective as provided for in Article 3 of this Law has been accomplished;

b) circumstances confirming the infeasibility of a specific objective as provided for in Article 3 of this Law have been established;

c) specific circumstances excluding the grounds for prosecuting the person concerned have been established;

d) the period for conducting an operative and investigative activity has elapsed.

2. The time limits and the procedure for conducting and terminating operative and investigative measures shall be provided for by this Law and the departmental normative acts.

Law of Georgia No 3537 of 1 May 2015 – website, 18.5.2015

Article 11 – Use of the results of operative and investigative activities

1. The results of operative and investigative activities may be used for preparing and conducting investigative and procedural actions, as well as for carrying out measures aimed at preventing, or putting an end to or solving a crime.

2. The materials obtained as a result of operative and investigative activities shall not serve as grounds for restricting the rights and freedoms of natural and legal persons.

Chapter III – Agencies Conducting Operative and Investigative Activities

Article 12 – Agencies conducting operative and investigative activities

1. Within the scope of their powers, operative and investigative activities may be performed by:

a) the operational agencies and investigation units of the Ministry of Internal Affairs of Georgia;

a ^{​ 1} ) the authorised units of the State Security Service of Georgia;

b) the operational agencies of the Special State Protection Service of Georgia;

c) the operational agencies and investigation units of the Ministry of Finance of Georgia;

d) the operative units of the state sub-agency within the Ministry of Justice of Georgia – the Special Penitentiary Service;

e) the operative, investigative and intelligence subunits of the Ministry of Defence of Georgia;

f) the operational agencies of the Georgian Intelligence Service;

g) the investigators of the Prosecutor's Office;

h) (Deleted – 3.6.2011, No 4732);

i) the investigators and employees of an appropriate unit of the Ministry of Justice of Georgia;

j) the investigators of an appropriate unit of the Special Investigation Service and employees of the Special Investigation Service performing operative and investigative activities.

2. The list of agencies conducting operative and investigative activities may be changed only by this Law.

3. The agencies conducting operative and investigative activities shall perform the tasks entrusted to them independently, through collaboration and with the assistance of individual persons.

Law of Georgia No 2265 of 22 July 1999 – LHG I, No 38(45), 4.8.1999, Art.184

Law of Georgia No 432 of 28 April 2000 – LHG I, No 24. 30.6.2000, Art.66

Law of Georgia No 847 of 10 April 2001 – LHG I, No 11, 30.4.2001, Art. 40

Law of Georgia No 1339 of 20 March 2002 – LHG I, No 7, 5.5.2002, Art.38

Law of Georgia No 2163 of 7 May 2003 – LHG I, No 15, 4.6.2003, Art.100

Law of Georgia No 808 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art.187

Law of Georgia No 2267 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art.370

Law of Georgia No 4128 of 27 December 2006 – LHG I, No 49, 29.12.2006, Art.362

Law of Georgia No 4749 of 11 May 2007 – LHG I, No 18, 22.5.2007, Art.163

Law of Georgia No 5034 of 22 June 2007 – LHG I, No 26. 11.7.2007, Art.241

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 747 of 18 December 2008 – LHG I, No 39, 24.12.2008, Art.245

Law of Georgia No 960 of 30 December 2008 – LHG I, No 41, 30.12.2008, Art.334

Law of Georgia No 1015 of 27 February 2009 – LHG I, No 4. 12.3.2009, Art.15

Law of Georgia No 2702 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art.44

Law of Georgia No 2987 of 27 April 2010 – LHG I, No 24. 10.5.2010, Art.153

Law of Georgia No 3619 of 24 December 2010 – LHG I, No 51, 29.9.2010, Art.332

Law of Georgia No 4410 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 4732 of 303 June 2011 – website, 22.6.2011

Law of Georgia No 1643 of 27 November 2013 – website, 16.12.2013

Law of Georgia No 1786 of 13 December 2013 – website, 28.12.2013

Law of Georgia No 3537 of 1 May 2015 – website, 18.5.2015

Law of Georgia No 3937 of 8 July 2015 – website, 15.7.2015

Law of Georgia No 3132 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 3282 of 21 July 2018 – website, 9.8.2018

Law of Georgia No 4251 of 27 December 2018 – website, 29.12.2018

Law of Georgia No 4896 of 28 June 2019 – website, 28.6.2019

Law of Georgia No 4986 of 20 September 2019 – website, 23.9.2019

Law of Georgia No 1317 of 30 December 2021 – website, 13.1.2022

Article 13 – Duties of agencies conducting operative and investigative activities

1. The agencies authorised to conduct the tasks related to the operative and investigative activities provided for by this Law shall:

a) within the scope of their powers, take all measures to protect human rights and freedoms, and property and public safety;

b) comply with the written instructions of prosecutors and investigators and court decisions;

c) execute inquiries and requests from relevant international specialised organisations and from foreign specialised organisations under agreements on legal assistance;

d) provide information to agencies conducting operative and investigative activities in the territory of Georgia and render necessary assistance;

e) observe the rules of secrecy in conducting operative and investigative activities;

f) assist in ensuring the protection of their colleagues, their family members and relatives from criminal and other unlawful encroachment, and in ensuring the personal security of the participants of criminal proceedings, of their family members and relatives and the protection and storage of their property.

2. In order for the officials of the agencies conducting operative and investigative activities to properly perform their official duties, they shall be provided with the relevant conditions to ensure their special professional training, their professional development and medical services.

3. When exercising prosecutorial supervision or when authorising an operative and investigative measure, the prosecutor shall be provided with all the official documents, except as provided for in Article 25(4) of the Law of Georgia on Prosecutor’s Office.

Law of Georgia No 1370 of 20 April 2005 – LHG I, No 19, 28.4.2005, Art. 140

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 3799 of 30 November 2018 – website, 13.12.2018

Article 14 – Rights of agencies conducting operative and investigative activities

The agencies authorised to conduct operative and investigative activities may:

a) overtly and/or covertly carry out the operative and investigative measures specified in Article 7 of this Law;

b) establish, on a gratuitous or remuneration basis, collaborative relations with persons who have agreed, on a confidential basis, to assist the agencies conducting operative and investigative activities; 

c) set up and use information systems that ensure the accomplishment of operative and investigative tasks;

d) use, on the basis of an oral or written agreement, the buildings and property of enterprises, institutions, organisations and military units, as well as property transferred to state ownership, and residential and non-residential buildings, and vehicles and other property of natural persons;

e) for conspiracy purposes, use documents in which the identity of the officials of the agencies conducting operative and investigative activities, and the identity of the units, of the relevant organisations' premises and vehicles, as well as the identity of the citizens collaborating with these organisations on a confidential basis, are disguised.

f) (Deleted – 1.8.2014, No 2635).

g) (Deleted – 1.8.2014, No 2635).

Law of Georgia No 289 of 5 May 2000 – LHG I, No 18. 15.05.2000, Art.46

Law of Georgia No 3619 of 24 December 2010 – LHG I, No 51, 29.9.2010, Art.332

Law of Georgia No 5549 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Article 15 – Legal and social protection guarantees for employees of agencies conducting operative and investigative activities

1. Employees of the agencies conducting operative and investigative activities shall qualify for the legal and social protection guarantees of the agency in which they are employed.

2. No one is authorised to interfere with the lawful actions of an agency or of an official of an agency conducting operative and investigative activities, except for persons duly authorised by law. The work performed by an official of an agency conducting operative and investigative activities may not be evaluated according to the quantitative indicators of the results of the operative and investigative activities.

3. An official authorised to conduct operative and investigative activities shall be subordinated to his/her immediate superior when conducting operative and investigative activities. In the case of receiving a manifestly unlawful order or instruction, an official shall be guided by the law, or if he/she has grounds to believe that a crime may be committed or is being committed as a result of obeying the unlawful order, he/she shall report it to a superior body and a prosecutor.

4. An official of a state institution or of a military unit shall, in the case of operative and investigative activities, assist, within the scope of his/her powers, the agency conducting the operative and investigative activities.

5. A lawful request of an agency conducting operative and investigative activities shall be binding upon any natural or legal person.

Chapter IV – Assistance Provided by Citizens to Agencies Conducting Operative and Investigative Activities

Article 16 – Assistance provided by citizens to agencies conducting operative and investigative activities

1. Certain persons may, with their consent, be engaged in the preparation or conduct of operative and investigative measures. Furthermore, at their request, the fact of collaboration, including contractual collaboration with the agencies conducting operative and investigative activities, may be kept confidential. These persons shall keep secret the information they learn during the preparation or conduct of operative and investigative activities, and shall not knowingly provide false information to such agencies or use such collaboration for personal interests.

2. Agencies conducting operative and investigative activities may enter into contracts with persons of full age and capacity, irrespective of their citizenship, national origin, sex, social status, language, education, or political or religious beliefs, in accordance with the conditions specified in paragraph 3 of this article and Article 6(3) of this Law.

3. Agencies performing operative and investigative activities may not use, on the basis of a contract, confidential assistance of a member of the Parliament of Georgia, members of the Constitutional and Supreme Courts of Georgia, the Public Defender of Georgia, a judge, a prosecutor, a defence lawyer, an investigator or other officials provided for by Article 48 of the Constitution of Georgia.

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3392 of 5 September 2018 – website, 24.9.2018

Article 17 – Legal and social protection guarantees for citizens assisting agencies conducting operative and investigative activities

1. Persons assisting agencies conducting operative and investigative activities shall be protected by the State.

2. If, due to the assistance provided to an agency conducting operative and investigative activities, there arises a real threat of an unlawful encroachment on the life, health or property of a person or his/her family members and relatives, the agency shall take necessary measures to prevent such unlawful actions, and to identify the guilty person and bring him/her to justice.

3. Information on persons collaborating on a confidential basis with agencies conducting operative and investigative activities is a state secret and may be disclosed only with the written consent of such persons or of their heirs or in cases expressly provided for by law.

4. Persons collaborating with agencies conducting operative and investigative activities may receive remuneration.

5. Persons who have agreed to enter into a contract for collaboration with the agencies conducting operative and investigative activities shall receive assurances from the State that all the contractual obligations will be honoured.

6. The period of collaboration with agencies conducting operative and investigative activities shall be counted towards the length of service of the citizen as their main occupation. Such persons shall have the right to a pension in accordance with the legislation of Georgia.

7. Where necessary, in order to ensure the security of a person collaborating with the agencies conducting operative and investigative activities, and the security of his/her family members, special security measures shall be implemented in accordance with the legislation of Georgia.

8. If a person engaged in a contractual collaboration with agencies conducting operative and investigative activities dies during his/her participation in an operative and investigative measure, the family of the deceased, as well as his/her dependants, shall be provided with a one-time allowance from the relevant budgetary funds in the amount of 10 years' salary, and shall be awarded a survivor's pension in the prescribed manner.

9. If a person engaged in a contractual collaboration with agencies conducting operative and investigative activities sustains a wound, contusion or injury due to which he/she is no longer able to continue the collaboration, such person shall be provided with a one-time allowance from the relevant budgetary funds in the amount of 5 years' salary, and shall be awarded a disability pension.

10. A person engaged in a contractual collaboration with agencies conducting operative and investigative activities and involved, in the prescribed manner, in the activities of a criminal group for the purpose of solving a crime and identifying the perpetrators, shall not be held criminally liable if he/she, during that period, does not commit a violent crime and/or his/her actions do not cause serious damage.

Chapter V – Financing Operative and Investigative Activities

Article 18 – Financing operative and investigative activities

The ministries and agencies of Georgia authorised to conduct operative and investigative activities shall receive funds from the state budget of Georgia for their activities. In order to conduct operative and investigative activities, property transferred into state ownership may be transferred to the bodies referred to in this article. The rules for agencies conducting operative and investigative activities regarding spending the funds or using and disposing of property transferred into state ownership shall be determined by the legislation of Georgia.

Law of Georgia No 5549 of 20 December 2011 – website, 28.12.2011

Chapter VI – Control and Supervision of Operative and Investigative Activities

Article 19 – Departmental control

The heads of the agencies conducting operative and investigative activities shall be personally liable for the legality of the organisation and conduct of operative and investigative activities.

Article 20 – Judicial control over operative and investigative activities

Judicial control over operative and investigative activities shall be exercised in accordance with this Law and the Criminal Procedure Code of Georgia.

Law of Georgia No 2635 of 1 August 2014 – website, 18.8.2014

Article 21 – Prosecutorial supervision

1. Supervision of the strict and consistent observance of the law during operative and investigative activities, and of the lawfulness of the decisions made during the conduct of operative and investigative activities, shall be exercised by the General Prosecutor of Georgia and prosecutors subordinated to him/her. 

2. Information on persons who secretly assist or used to assist operative and investigative agencies, or who collaborate or used to collaborate with them, as well as the methods, tactics and organisation for obtaining information of an operative and investigative nature, shall not be subject to prosecutorial supervision.

3. The restriction provided for by paragraph 2 of this article shall not apply to persons provided for by Article 25(5) of the Law of Georgia on Prosecutor’s Office.

Law of Georgia No 482 of 1 November 2008 – LHG I, No 30, 7.11.2008, Art.198

Law of Georgia No 663 of 30 May 2013 – website, 24.6.2013

Law of Georgia No 3799 of 30 November 2018 – website, 13.12.2018

Chapter VII – Final Provisions

Article 22 – Final provisions

1. This Law shall enter into force on 15 May 1999.

2. The state authorities specified in Article 12 of this Law shall, in accordance with the legislation of Georgia, ensure the preparation and registration of departmental normative acts governing operative and investigative activities within 3 months after this Law enters into force.

President of Georgia                                           Eduard Shevardnadze

Tbilisi

30 April 1999

No 1933–II ს