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Return back | On the Procedure for Enforcing Non-Custodial Sentences and Probation | |
|---|---|
| Document number | 4956 |
| Document issuer | Parliament of Georgia |
| Date of issuing | 19/06/2007 |
| Document type | Law of Georgia |
| Source and date of publishing | LHG, 24, 02/07/2007 |
| Registration code | 070.030.000.05.001.002.896 |
| Consolidated publications | |
Consolidated versions (15/07/2020 - 21/09/2023)
Law of Georgia
on Prevention of Crime, Procedure for Enforcing Non-custodial Sentences and Probation
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter I – General Provisions
Article 1 – Scope of the Law
1. This Law shall regulate the system, status and legal framework of the bodies authorised to prevent crime within the system of the Ministry of Justice of Georgia, and to enforce non-custodial sentences and apply probation measures; it shall also determine the powers of persons authorised to enforce non-custodial sentences and apply probation measures, the rights and obligations of convicts, the procedure and terms for fining convicts for violation of the statutory regime, and the rules for preventing crime, enforcing non-custodial sentences and applying probation measures.
2. The Minister of Justice of Georgia ('the Minister’) may, for the purpose of enforcing this Law, issue an order on issues provided for in this Law.
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 2 – Legal acts subject to the enforcement of non-custodial sentences and probation
1. The following legal acts regarding the types of non-custodial sentences shall be subject to enforcement under the procedure and conditions established by this Law:
a) on imposing the deprivation of the right to occupy a position or to carry out activities as punishment;
b) on imposing the deprivation of a legal person of the right to carry out activities as punishment;
c) on imposing community service as punishment;
d) on imposing correctional labour as punishment;
e) (Deleted – 1.6.2017, No 954);
f) on imposing the house arrest as punishment;
g) on imposing the restriction of the right related to weapons as punishment.
2. The following probation type legal acts shall be subject to enforcement in accordance with the procedure and terms laid down by this Law:
a) on the imposition of a conditional sentence;
b) on release on parole;
c) on the suspension of a sentence (for pregnant women – up to 1 year after delivery).
3. The legal acts referred to in paragraph 2 of this article may, along with the designation of the types of punishment, include the requirements relating to compulsory measures of an educational and/or medical nature. Their application may be allowed only as provided for by law.
4. The performance of unpaid community service imposed on a convict subject to diversion shall also be subject to enforcement in accordance with the procedure and terms laid down by this Law.
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 2398 of 30 May 2018 – website, 8.6.2018
Article 3 – The National Agency for Prevention of Crime, Enforcement of Non-custodial Sentences and Probation
1. The National Agency for Prevention of Crime, Enforcement of Non-custodial Sentences and Probation (the ‘Agency’) shall be a legal entity under public law operating within the governance of the Ministry of Justice of Georgia (the ‘Ministry’). The powers of the Agency shall be defined by the Statute approved by the Minister.
2. The Agency shall be administered by the Head of the Agency, who is appointed to and removed from post by the Minister under the procedure established by the Law of Georgia on Legal Entities under Public Law.
3. The Deputy Head of the Agency shall be appointed to and removed from post by the Head of the Agency in agreement with the Minister, under the procedure established by the Law of Georgia on Legal Entities under Public Law.
4. The staff list and the cost estimate shall be approved by the Head of the Agency in agreement with the Minister, under the procedure established by the legislation of Georgia.
5. The Agency shall be funded from the state budget and other revenues provided for by the legislation of Georgia.
6. The head and the deputy head of a territorial body of the Agency shall be appointed to and removed from post by the Head of the Agency under the procedure established by the Law of Georgia on Legal Entities under Public Law. Chapter X of the Law of Georgia on Public Service shall apply to the head and the deputy head of the territorial body of the Agency.
7. Other employees of the Agency shall be appointed to and removed from posts by the Head of the Agency under the procedure established by the Law of Georgia on Public Service.
8. The legal acts subject to enforcement as defined by Article 2 of this Law shall be enforced, and an individual assessment report shall be prepared, when imposing a sentence, as well as in cases provided for by the Juvenile Justice Code, shall be ensured by the Agency centrally or through its territorial bodies – bureaus for prevention of crime, enforcement of non-custodial sentences and probation (the ‘probation bureau').
9. The Agency shall ensure arrangement of a video visit provided for by Article 171 of the Imprisonment Code outside a penitentiary facility through the probation bureaus.
10. In order to enforce the legal acts defined by Article 2 of this Law (including for identifying convicts and their state, for registering convicts, for assessing risks and needs of convicts, for drawing up individual plans for the enforcement of punishment imposed on convicts, for carrying out supervision and control of convicts, for archiving completed enforcement cases as provided for by the legislation of Georgia, for resolving the issue of annulling conditional sentences and for preparing individual assessment reports on convicts), and in order to re-socialise and rehabilitate convicts and ex-convicts, to carry out the crime prevention measures and to coordinate the juvenile referral process, the Agency and its territorial bodies shall, within the scope of powers determined by the legislation of Georgia and in a prescribed manner, process the personal data determined by the Law of Georgia on Personal Data Protection (including special category data). For this purpose, they may have access to any automatically and semi-automatically processed data in the relevant state and non-state institutions, and may receive, review and use this information.
11. In the process of enforcing the legal acts subject to enforcement defined by Article 2 of this Law against juveniles, the Agency and the probation bureaus shall be guided by the principles and special rules provided for by this Law and the Juvenile Justice Code, that are applied as prevailing standards.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 4 – (Deleted)
Law of Georgia No 434 of 31 October 2008 – LHG I, No 31, 12.11.2008, Art. 204
Law of Georgia No 964 of 30 December 2008 – LHG I, No 41, 30.12.2008, Art. 336
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 4329 of 22 February 2019 – website, 7.3.2019
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 5 – Probation bureaus
1. The legal acts provided for in this Law shall be transferred for enforcement to the relevant Probation Bureau according to the place of residence of the convict (the de facto or legal address indicated by the convict).
11. If a convict does not have a place of residence in the territory of Georgia (de facto or legal address), the body adopting (issuing) the legal act shall indicate in the enforceable legal act the relevant Probation Bureau where the convict is required to appear. In making such decisions, a body adopting (issuing) the legal act shall take into account the ability of the convict to fulfil the obligations imposed on him/her.
2. A Probation Bureau shall be run by the Head of the Probation Bureau.
3. A probation officer shall ensure the enforcement of the legal acts defined in this Law.
31. Official statutory supervision over the enforcement of the legal acts defined by this Law shall be carried out by the Agency. The head of a probation bureau shall, periodically or upon request, submit to the Agency statistical information, a report and other necessary documentation about the status of the enforcement of the aforementioned legal acts.
4. In performing its activities, a Probation Bureau shall adhere to the Constitution of Georgia, this Law, the statute of the Probation Bureau and other normative acts of Georgia.
5. A model statute of a Probation Bureau shall be approved by the Minister.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 6 – Main principles of activities of the Agency
1. Activities of the Agency shall be based on the principles of legality, the protection of the honour and dignity of a person, humanity, publicity, and the uniformity of the system of the National Probation Agency and its centralised management.
2. Employees of the Agency shall protect the rights and freedoms of a person and ensure equality of persons before law, irrespective of race, skin colour, language, gender, religion, political or other views, national, ethnic or social belonging, origin, property or titular status, place of residence or other characteristics.
3. The fundamental human rights and freedoms defined by the Constitution of Georgia and other legislative acts shall equally apply to convicts and other beneficiaries of the Agency, irrespective of their race, skin colour, language, gender, religion, political or other views, national, ethnic or social belonging, origin, property or titular status, place of residence or other characteristics. The Agency shall protect the rights and freedoms of its beneficiaries and ensure their equality before law.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 7 – Objective of the Agency
1. The objective of the Agency shall be to ensure public safety through the enforcement of the legal acts defined by this Law, the implementation of crime prevention measures and the re-socialisation and rehabilitation of convicts and ex-convicts.
2. To achieve its objectives, the Agency shall carry out activities on the basis of assessing the risks and needs of convicts, through individual planning of sentence enforcement, the necessary supervision and control over a convict, the facilitation and support in the re-socialisation and rehabilitation of convicts and ex-convicts, the participation in the process of getting a juvenile ready for release, the approval and coordination of the fulfilment of a re-socialisation and rehabilitation plan of a juvenile convict after his/her serving a conditional sentence and a penalty, and through the provision of socialisation and rehabilitation services and programmes for juveniles with complex behaviour and the coordination of the juvenile referral process.
3. For the facilitation of re-socialisation and rehabilitation of convicts and ex-convicts, the Agency shall cooperate with a legal entity under public law operating within the governance of the Ministry – Centre for Professional Training and Retraining of Convicts, which provides professional training and retraining of convicts under the procedure established by an order of the Ministry.
4. The Agency may, for the re-socialisation and rehabilitation of convicts and ex-convicts, and for the socialisation and rehabilitation of juveniles with complex behaviour, to finance cultural, social, health care and other events.
5. The Agency may, for achieving objectives defined by this article, set up an entrepreneurial legal entity and/or a non-entrepreneurial (non-commercial) legal entity.
6. An entrepreneurial legal entity and/or a non-entrepreneurial (non-commercial) legal entity set up by the Agency, and another entrepreneurial legal entity and/or non-entrepreneurial (non-commercial) legal entity in cases provided for by the legislation of Georgia, shall provide the infrastructural and logistical support of visits provided for in Article 172 and 173 of the Imprisonment Code. The fee under Article 172 of the Imprisonment Code shall be transferred to the account of the entrepreneurial legal entity and/or non-entrepreneurial (non-commercial) legal entity.
7. An entrepreneurial legal entity and/or a non-entrepreneurial (non-commercial) legal entity set up by the Agency, and another entrepreneurial legal entity and/or non-entrepreneurial (non-commercial) legal entity in cases provided for by the legislation of Georgia may, on the basis of a decision of the Minister, also carry out other activities/projects necessary to achieve the objectives of the system of the Ministry as provided for by law.
8. The electronic monitoring equipment and other appropriate technical facilities owned by the Agency may, in addition to the objectives defined by this article, also be used for other purposes defined by an order of the Minister. Such use of the technical facilities may also provide for the receipt of a certain fee for a service rendered by the Agency, which is transferred to the account of the Agency and used for the accomplishment of the goals and achievement of the objectives of the Agency as provided for by law.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 71 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 72 – Carrying out of criminological investigations at the Agency
The Ministry shall support such criminological investigations to be carried out at the Agency that aim to scientifically study the crimes committed by juveniles with complex behaviour, the programmes for the re-socialisation of convicts and ex-convicts, for crime prevention and rehabilitation.
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 73 – Referral of juveniles with complex behaviour
1. In order to provide an institutional and combined approach with regard to the facilitation of socialisation, re-socialisation and rehabilitation of juveniles with complex behaviour, and to the prevention of crime, in the Agency there shall function a structural unit of the Agency – the Juvenile Referral Centre, which carries out coordination of the juvenile referral system under the procedure established by the legislation of Georgia.
2. Juvenile referral shall include the following stages:
a) the identification of a juvenile with complex behaviour and the provision of information about him/her to the Juvenile Referral Centre;
b) the assessment of the state and individual needs of a juvenile;
c) the inclusion of a juvenile into appropriate services/programmes;
d) the provision and development of services supporting social functioning of the family of a juvenile;
e) the monitoring of participation of a juvenile in the appropriate services/programmes, and the supervision of the state of a juvenile;
f) the conduct of monitoring after an appropriate service/programme is completed;
g) in an extreme case, sending of a juvenile to a juvenile referral facility.
3. The juvenile referral system and the agencies/institutions participating therein, the appropriate procedures of the juvenile referral stages (including, in the best interests of a juvenile, issues related to the delivery, enforcement and revision of a decision on sending a juvenile to a juvenile referral facility, and related to the conduct of monitoring of the juvenile referral process) and other issues related to the operation of the juvenile referral system shall be defined by Chapter X2 of the Law of Georgia on General Education, Chapter VII9 of the Administrative Procedure Code of Georgia, by the Juvenile Referral Rules approved by the Government of Georgia, and other legislative and subordinate normative acts.
4. The Statute of the Juvenile Referral Centre, the methodology for monitoring the juvenile referral process, for monitoring the participation of a juvenile in an appropriate service/programme and for exercising the supervision over the state of a juvenile, and other legal acts provided for by the Juvenile Referral Rules approved by the Government of Georgia shall be approved by the Minister.
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter II – Servant of the Agency
Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 8 – The legal status of a servant of the Agency
1. A servant of the Agency (‘the Servant’) shall be a public servant employed by the Agency or its territorial body.
2. The Servant, in the course of performing official duties, shall act as a representative of the authorities and his/her lawful requirements must be obeyed.
3. Selection, professional training and retraining of a Servant based on the needs of the Agency shall be carried out by a legal entity under public law operating within the governance of the Ministry – the Training Centre of Justice of Georgia (‘the Training Centre’), under the procedure established by the legislation of Georgia.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 9 – Probation officer
1. A probation officer shall be a Servant who exercises the powers defined by this Law and the legislation of Georgia;
2. A probation officer shall be appointed to the post for a probationary period of 3 months. A probation officer shall, during this probationary period, take a special training course for probation officers at the Training Centre and shall take a respective examination upon its completion.
3. Failure of a probation officer to pass the examination provided for by paragraph 2 of this article shall be a ground for his/her discharge from office, in addition to other grounds under the Law of Georgia on Public Service.
4. The Agency shall provide a probation officer with an official seal upon his/her appointment to the post.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 91 – (Deleted)
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 4329 of 22 February 2019 – website, 7.3.2019
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 92 – (Deleted)
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Chapter II1 – (Deleted)
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 93 – (Deleted)
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Article 94 – (Deleted)
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Article 95 – (Deleted)
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Article 96 – (Deleted)
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Article 97 – (Deleted)
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Article 98 – (Deleted)
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Article 99 – (Deleted)
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Article 910 – (Deleted)
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Article 911 – (Deleted)
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Article 912 – (Deleted)
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Article 913 – (Deleted)
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Article 914 – (Deleted)
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Article 915 – (Deleted)
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Article 916 – (Deleted)
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Article 917 – (Deleted)
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Article 918 – (Deleted)
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Article 919 – (Deleted)
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Article 920 – (Deleted)
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Article 921 – (Deleted)
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Article 922 – (Deleted)
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Article 923 – (Deleted)
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Article 924 – (Deleted)
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Article 925 – (Deleted)
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Article 926 – (Deleted)
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Article 927 – (Deleted)
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Article 928 – (Deleted)
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Article 929 – (Deleted)
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Article 930 – (Deleted)
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Article 931 – (Deleted)
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Article 932 – (Deleted)
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Article 933 – (Deleted)
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Article 934 – (Deleted)
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Article 935 – (Deleted)
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Chapter III – (Deleted)
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Article 10 – (Deleted)
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Article 11 – (Deleted)
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter IV – Procedure for Fining Convicts for Violation of the Established Regime; Permit of a Convict to Travel Abroad and Conditions for Granting Privileges for Appearance of Convicts at a Probation Bureau; General Duties of Convicts
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 12 – Violation of the established regime by a convict
1. The regime established by law for probationers and parolees shall include the obligation to appear, once a week, at a specified time and place determined by a probation officer; it may also include the fulfilment of other obligations provided for by the legislation of Georgia.
11. A probation officer may, on the basis of the risk and needs assessment, impose an obligation on a probationer or parolee to undergo a relevant compulsory rehabilitation course determined by the Minister.
12. A probation officer may, periodically or where there is reasonable suspicion, request that probationers and parolees sentenced for drug crimes undergo a relevant drug test within 5 working days, and provide an appropriate report. If the drug test shows that a convict has been using narcotic substances, except where the convict has used the substance for medical purposes, the relevant Probation Bureau shall inform the Ministry of Internal Affairs of Georgia of this fact.
13. If a convict appears at a time and place specified by the probation officer under alcoholic intoxication, or does not obey the lawful demands of the probation officer, or behaves improperly, the probation officer may, in agreement with the Head of the Probation Bureau, transfer the convict to a special regime, which imposes on the convict an obligation to appear at a time and place specified by the probation officer not more than three times a week for a period of not more than 3 months.
14. The non-compliance of a convict with the requirements of paragraphs 1 1 and 1 2 of this article or the intentional evasion of their fulfilment, shall serve as grounds for addressing a court with a relevant recommendation as provided for by Article 21(1)(e),(f) or (g) of this Law.
2. If the time of appearance of a convict coincides with a non-business day as stipulated by the Labour Code of Georgia, the convict shall be released from the obligation to appear on that day.
3. If the term of a conditional sentence ends on a public holiday or a non-working day, the convict shall be released on the previous working day and shall be given a certificate of release.
4. On the basis of a written agreement with the Head of the Agency, the regime established for a convict may be mitigated, which imposes an obligation to appear at the Probation Bureau once in every two weeks, and in accordance with the procedure laid down in this Law, an obligation to appear once a month.
41. If a convict is a person with disabilities (a person with long-term physical, mental, intellectual or sensory impairments), or an elderly person (a woman from 65 years of age, a man from 70 years of age), may, on the basis of a written agreement with the Head of the Agency, have the established regime mitigated to an obligation to appear once in every 3 months at a Probation Bureau, and if a convict with disabilities is unable to move independently, the probation officer shall exercise supervision over the convict by visiting the convict at his/her place of residence at least once in every 3 months.
5. In the case of violation of the established regime by a convict, an authorised person of the Probation Bureau shall draw up an administrative offence report, which shall be given to the convict in person or sent to him/her by mail (when sending via mail, a relevant record must be made).
51. If a convict, who is registered in the Unified Database of Socially Vulnerable Households and whose socio-economic indicator does not exceed the maximum score determined by the Government of Georgia for receiving a subsistence allowance, violates the regime established by law, an authorised person of the Probation Bureau shall draw up a warning report, which shall be given to the convict in person or sent to him/her by mail (when sending via mail, a relevant record shall be made).
6. A convict may, within 5 working days after receiving an administrative offence report/warning report, appeal it to the Head of the Probation Bureau. The Head of the Probation Bureau shall review and make a decision on the issue within 15 working days. Appealing the administrative offence report/warning report shall, until the decision under this paragraph is made, suspend the running of the time limit fixed by paragraph 7 of this article.
7. A convict shall pay the fine imposed on him/her within 30 days after receiving the administrative offence report.
8. The violation by a convict of the regime specified in paragraphs 13, 4 and 41 of this article shall incur a fine in the amount of GEL 100, and the violation of the regime by a convict determined by paragraph 51 of this article shall incur a warning.
81. A violation specified under paragraph 8 of this article committed repeatedly within the period of one year from the first violation shall incur a fine in the amount of GEL 200, and the violation of the regime by a convict determined by paragraph 51 of this article shall incur a repeat warning.
82. The violation of the established regime by a convict for a third time and more within the period of one year from the last violation, shall incur a fine in the amount of GEL 300, whereas the violation of the regime by a convict determined by paragraph 51 of this article shall incur another warning.
9. The violation of the established regime three or more times by a convict may also serve as grounds for an authorised person of the Probation Bureau to apply to a court with a recommendation. Along with the obligation to pay a fine, or a warning, or due to the failure to fulfil imposed obligations, the regime established for a convict may be substituted and tightened.
10. If a convict is no longer registered in the Unified Database of Socially Vulnerable Households and his/her socio-economic indicator exceeds the maximum score determined by the Government of Georgia for receiving a subsistence allowance, upon another violation of the established regime, the convict shall be fined in accordance with the priority order of the violation in the amount of the fines indicated in paragraphs 8, 81 and 82 of this article.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 2184 of 4 April 2014 – website, 14.4.2014
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 121 – Conditions for treating the violations of the regime established by this Law as excusable
1. A violation of the regime established by this Law by a convict may be considered as excusable in one of the following circumstances:
a) such status of convict's health that makes fulfilment of the established regime impossible, which is confirmed by a relevant medical certificate;
b) the death of a close relative (a parent, adopting parent, foster parent, child, adopted child, foster child, grandfather, grandmother, grandchild, sister, brother, spouse (including a divorced spouse)) of a convict, or of a person permanently residing with the convict;
c) a business trip of the convict related to his/her work or professional, sports, cultural or educational and scientific activities, which is confirmed by a relevant document;
d) a violation of the established regime by the convict due to reasons beyond his/her control, force-majeure, natural disaster, accident, fire, mass riots, military operations, quarantine or emergency situation, which is confirmed by a document issued by the relevant state institution;
e) the imposition of administrative detention on a convict, imposition of detention on a convict as a measure of restraint, detention of a convict while being abroad, participation of a convict in procedural actions and/or investigative actions determined by the criminal legislation of Georgia, and in the activities of the law enforcement bodies as determined by the Law of Georgia on Operative-Investigative Activities, which is confirmed by an appropriate document;
f) the presence of a convict in the military reserve service, which is confirmed by an appropriate document, which will be presented to a respective Probation Bureau before the convict is called for military reserve service.
2. A document confirming the appropriate circumstance defined in paragraph 1 of this article shall be presented by a convict to a respective Probation Bureau at the earliest opportunity, but not later than the time limit set for the review of a complaint and making of a final decision by the head of the probation bureau.
3. An authorised person of the Probation Bureau shall not draw up a report specified in Article 13(1) if the relevant circumstance referred to in paragraph 1 of this article is confirmed in advance, before the violation of the established regime by a convict.
4. If there is an objective circumstance, in addition to the circumstances defined in paragraph 1 of this article, due to which a convict was unable to fulfil the regime established by law, the decision on considering the convict's violation of the regime established by law as excusable shall, be made by the head of the probation bureau on the basis of a written agreement with the Head of Agency.
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 757 of 4 May 2017 – website, 24.5.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 13 – Conduct of administrative proceedings and the procedure for paying a fine imposed for violation of the established regime
1. If a convict violates the established regime, an authorised person of a Probation Bureau shall, not later than the next working day following the violation detection, draw up an administrative offence report.
2. An administrative offence report shall simultaneously serve as a penalty notice; the form of the penalty notice and the procedure for its preparation shall be determined by an order of the Minister.
3. The following information shall be indicated in an administrative offence report: the date and place of its preparation; the position, name and surname of the person preparing it; the data of the person who committed the administrative offence; the place, time and substance of the administrative offence; the relevant article of this Law that imposes liability for the given administrative offence; the explanation of the person who committed the administrative offence; the procedure and time limits for appealing the report; other references necessary for making a decision on the case.
4. An authorised person of a Probation Bureau shall, on the basis of a penalty notice, within 7 days after expiry of the time limit set for voluntary enforcement of payment of a fine, by way of issuing an appropriate writ of execution, refer the payment of fine for compulsory enforcement.
5. The compulsory enforcement of the payment of the fine shall be carried out by an enforcement officer as provided for by the Law of Georgia on Enforcement Proceedings.
6. A warning report specified in Article 12(51) of this Law shall include the following information: the date and place of its preparation; the position, name and surname of the person preparing it; the personal data of the convict; the place, time, substance and number of the violation(s) of the established regime; the legal grounds for the warning, with an indication of the relevant articles of this Law; expected results; the procedure and time limits for appealing the warning; other information available with regard to the violation(s) of the established regime. The warning shall be certified by the seal and signature of the authorised person of the Probation Bureau.
Law of Georgia No 225 of 15 July 2008 – LHG I, No 17, 28.7.2008, Art. 141
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 2997 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 161
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 14 – A permit of a convict to travel abroad
1. A permit of a convict to travel abroad shall be issued and cancelled by the head of a probation bureau on the basis of a written agreement with the Head of the Agency.
11. A convict shall be granted a permit to travel abroad:
a) if he/she is a citizen of a foreign country concerned or a citizen of Georgia and of a foreign country concerned, or has a residence permit or a working visa in a foreign country concerned and/or is temporarily registered in that country. This circumstance must be confirmed by a passport, residence card, working visa or another document of the foreign country concerned. The validity period of the appropriate right/card must be specified in this document;
b) if his/her close relative (a spouse, child, adopted child, foster child) is a citizen of a foreign country concerned, until the period for legal stay (90 days) in the foreign country concerned. For this purpose, a document confirming the citizenship of the foreign country concerned for the close relative of the convict must be presented;
c) for receiving treatment abroad due to his/her severe illness or for receiving treatment abroad due to the severe illness of the convict’s close relative (a parent, adopting parent, foster parent, child, adopted child, foster child, grandfather, grandmother, grandchild, sister, brother, spouse or a person permanently residing with the convict) if it is necessary that the convict accompany his/her close relative. The necessity for the convict to be an accompanee, apart from any other objective circumstance, must be based on a substantiated circumstance that the close relative of the convict has no other close relative than the convict, who will take care of him/her while under treatment abroad. The necessity for the convict or his/her close relative to receive treatment abroad must be confirmed by the medical documentation issued by an authorised agency/institution of Georgia or a foreign country. If the treatment of a convict or his/her close relative in a foreign country is financed by an authorised state body of Georgia or a municipality body, the convict must also present an appropriate document evidencing the financing;
d) for bringing from a foreign country to Georgia or taking to/bury in another country of his/her diseased close relative (a parent, adopting parent, foster parent, child, adopted child, foster child, grandfather, grandmother, grandchild, sister, brother, spouse (including a divorced spouse) or a person permanently residing with the convict). The fact of death of the close relative of the convict must be confirmed by an appropriate document issued by Georgia or the foreign country;
e) if he/she participates, on behalf of Georgia, in an official, international cultural, sports, professional or educational and scientific event, which is confirmed by an appropriate document (documents) issued by an authorised person;
f) if he/she has been invited for the purpose of working or studying by a resident legal person of a foreign country concerned, which is confirmed by an appropriate document (documents) issued by this legal person, a certificate evidencing employment and/or by an agreement, which must be confirmed by an authorised person of the foreign country concerned. If the study of the convict in a foreign country is funded by an authorised state agency, the convict must present an appropriate document evidencing the funding;
g) if he/she is employed as a seaman, driver or flight attendant at a resident legal person of Georgia or a foreign country and he/she has presented a document (documents) evidencing his/her profession/specialty and/or employment;
h) if he/she intends to travel to a foreign country (other than EU member countries and Schengen Area countries) to engage in seasonal works. Where this is the case, a permit for the convict to travel abroad shall be issued on the basis of an individual assessment, during which the character of offence committed by the convict, the risk and the behaviour of the convict during his/her probationary period shall be taken into consideration. In addition, the convict must present the valid visa (if visa is required) of a country where he/she intends to travel and a certificate from a potential employer (if any).
12. The validity period of a permit for a convict to travel abroad may be extended by an appropriate period if:
a) an authorised agency of a foreign country concerned has prohibited the convict from leaving this country, criminal prosecution has been in progress against him/her in the aforementioned country or he/she has been granted the status of witness, or this stems from the interests of investigation;
b) any of the circumstances defined by paragraph 11 of this article still exists;
c) the 90-day period for legal stay in a foreign country concerned, as specified in paragraph 11(b) of this article, has not been expired.
13. In order for a permit of a convict to travel abroad to be issued, it shall be necessary that there be no outstanding fine established by this Law.
14. Where there is any of the circumstances defined by paragraph 11(c-e) of this article, a permit of a convict to travel abroad may be issued or the validity period of the permit may be extended without compliance with the requirement established by paragraph 13 of this article.
15. During the validity period of a permit for a convict to travel abroad, the following may serve as a basis for cancelling it:
a) the initiation of criminal prosecution against the convict, which became known to a probation bureau;
b) the imposition of administrative detention or a measure of restraint on the convict, which became known to a probation bureau;
c) the violation by the convict of a regime established in a probation bureau concerned, without an unreasonable excuse;
d) the use by the convict of a permit of a convict to travel abroad for the purpose or for travelling to a country, which has not been specified in a respective application.
16. The issuance of a permit of a convict to travel abroad may be denied or the issued permit may also be cancelled to achieve the objective defined by Article 7(1) of this Law, without compliance with the requirements established by this article.
17. A permit of a convict to travel abroad may not be issued if there is no circumstance provided for by paragraph 11 of this article.
18. A permit of a convict to travel abroad may not be issued if the convict had been deported, readmitted or extradited from a foreign country (from Schengen Area country in the case of a EU member country) and/or the convict has violated the visa-free travel rules in a EU member country.
2. The rules and other procedural matters with regard to the issuance of a permit of a convict to travel abroad, the continuation of its validity and the cancellation of the permit, and the amount of the fee for a permit of a convict to travel abroad, shall be defined by an order of the Minister.
3. (Deleted – 29.11.2019, No 5390).
4. (Deleted – 29.11.2019, No 5390).
5. The fee for a permit of a convict to travel abroad shall be transferred to the account of the Agency. If the issuance of a permit of a convict to travel abroad is denied or a permit of a convict to travel abroad is cancelled, the fee paid shall not be refunded.
6. If a convict participates, on behalf of Georgia, in an official, international cultural, sports, professional, or educational and scientific event, and/or if there is a need that the medical aid necessary for the life of a convict or for the life of his/her minor child/adopted child/foster child be rendered abroad, which is confirmed by an appropriate document issued by a competent person, the convict, by decision of the Head of the Agency, may be exempted from the obligation to pay the fees set by the legislation of Georgia.
7. If, within the validity period of a permit of a convict to travel abroad, the convict stays in the territory of Georgia, he/she shall have the obligation to appear at a probation bureau in compliance with the established regime.
8. The time limit for the service provided by the Agency shall commence from a working day following the registration of application and shall end upon completion of the last working day of the service time limit. If the service deadline coincides with a day off or holiday, the following working day shall be deemed the end date of the time limit.
9. If a convict crosses or attempts to cross the border of Georgia without a permit of a convict to travel abroad, an employee of an authorised body of the system of the Ministry of Internal Affairs of Georgia designated at a respective border check point for supervising the protection of the state border regime shall arrest him/her and shall immediately inform the Agency about it.
10. The Agency shall immediately send an authorised employee of the nearest probation bureau to the respective border check point provided for by paragraph 9 of this article. The authorised employee of the aforementioned probation bureau shall immediately appear at the respective border check point, draw up a proper administrative offence report and hand it to the convict, on the basis of which the liability to pay the fine determined by paragraph 11 of this article shall be imposed on the convict.
11. If a convict crosses or attempts to cross the border of Georgia without a permit of a convict to travel abroad, it shall entail a fining of the convict:
a) in the amount of GEL 1 000 – if committed for the first time;
b) in the amount of GEL 2 000 – if the same act is committed repeatedly (for a second and every following time) within one year from the first commission.
12. A repeated commission of an act under paragraph 11 of this article shall be a basis for applying to the court upon an appropriate recommendation provided for by Article 21(1)(a), (b), (f-h) and (j) of this Law.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 2997 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 161
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Law of Georgia No 6957 of 15 July 2020 – website, 28.7.2020
Article 141 – Conditions for granting privileges with respect to the appearance of a convict at a Probation Bureau
1. (Deleted – 15.5.2012, No 6215).
2. A written application for privileges with respect to the appearance of a convict at a Probation Bureau shall be reviewed and decided upon by the Head of the Probation Bureau in written agreement with the Head of the Agency.
3. The decision of the Head of the Probation Bureau shall be communicated to the convict in writing, within not later than 5 working days after the receipt of the application by the Head of the Probation Bureau.
4. (Deleted – 15.5.2012, No 6215).
5. After paying a one-time fee specified in paragraph 7 of this article, on the basis of an application, an obligation may be imposed on a convict to appear at the Probation Bureau not more than once a month as provided for in Article 12(4) of this Law.
6. The time limit specified in paragraph 3 of this article shall apply to the review of the application of the convict.
7. The amount of a fee for imposing the obligation on a convict to appear at a Probation Bureau not more than once in a month shall be defined by an order of the Minister. This fee shall be transferred to the account of the Agency.
8. If a convict temporarily, for no longer than 3 months, changes his/her place of residence before the date of his/her appearance at a Probation Bureau as required by the regime established by law, the convict may appear and register at the relevant Probation Bureau according to his/her de facto place of residence.
9. In the case referred to in paragraph 8 of this article, a convict shall, not later than the working day preceding the day on which he/she is supposed to appear, notify the Probation Bureau administering the case about the temporary change of place of residence with an indication of the relevant period.
10. Where it is provided for in paragraph 8 of this article, the Probation Bureau administering the case shall issue a temporary registration permit to the convict. The permit must include the name and address of a probation bureau where the convict has to appear according to the established schedule for exercising the relevant control over him/her, and the signature of an authorised person of the probation bureau. The form of the temporary registration permit shall be approved by the Head of the Agency.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 15 – (Deleted)
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 2650 of 1 August 2014 – website, 18.8.2014
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 151 – General duties of a convict
1. A convict shall, on the basis of his/her legal status, comply with the rules and conditions established by the legislation of Georgia for serving a sentence, fulfil the duties imposed on him/her and adhere to the lawful requirements of a probation officer and other authorised employees of the Agency, and not leave the territory of Georgia without permission of the head of a probation bureau. Convicts provided for by Article 2(1)(a) of this Law, and the probationer military servants whom the administration of a military unit provides control and assistance of in accordance with Article 66(2) of the Criminal Code of Georgia, shall not have the obligation to obtain such permission.
2. If a convict fails to fulfil the duties imposed on him/her, coercive measures may be applied against him/her under the procedure established by the legislation of Georgia.
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter V – General Procedure for Enforcing Legal Acts
Article 16 – Registration and assignment of enforceable legal acts and control over their enforcement
1. A legal act shall be presented for enforcement to a Probation Bureau and it shall be registered in a special electronic programme for registration of convicts within 3 working days by a duly authorised person.
2. The following information shall be indicated in the special electronic programme for the registration of convicts:
a) the registration number of the legal act;
b) the date of submission of the legal act to the Probation Bureau (date of admission for enforcement proceedings);
c) the type of the legal act, the name of the adopting (issuing) body, the date of the entry into force of the act;
d) a short summary of the operative part of the legal act;
e) data on the convict (name, surname, date and place of birth, place of residence according to the registration, also de facto place of residence, family status, place of work or study, and in the case of a legal person, the name and legal address);
f) the relevant article of the Criminal Code of Georgia on the basis of which the legal act has been adopted (issued);
g) the name of the probation officer to whom the legal act has been assigned for enforcement;
h) the data on any recommendations;
i) the date of completion of enforcement proceedings.
3. The Head of the Probation Bureau shall transfer a legal act for enforcement to the probation officer according to the place of residence of the convict (de facto or legal address indicated by the convict) and the territorial jurisdiction of the Probation Bureau.
31. After a legal act is admitted for enforcement proceedings, an enforcement case shall be opened and a unique number shall be assigned to it.
32. Information to be entered into an enforcement case, and the procedure for enforcement proceedings shall be defined by The Instruction on Enforcement Proceedings of Non-custodial Sentences and probation Acts. This Instruction shall be approved by an order of the Minister.
4. (Deleted).
5. The Head of the Probation Bureau shall exercise control over the fulfilment of the assigned official duties by the employees of the Probation Bureau and the enforcement of the legal act.
6. The procedure for reviewing materials contained in an enforcement file shall be established under the legislation of Georgia.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 2997 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 161
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 161 – Self-disqualification and disqualification of a probation officer
1. A probation officer may not conduct enforcement proceedings against a convict if he/she:
a) has participated in the criminal proceedings against the convict in the capacity of an affected person;
b) has participated in the criminal case hearing against the convict as a judge, prosecutor, investigator, witness, expert, interpreter, legal representative or the secretary of a court session;
c) is a relative of the convict or his/her legal representative, or of an affected person or his/her legal representative;
d) is personally, directly or indirectly interested in the result of the enforcement proceedings, or if there is another circumstance which casts doubt on his/her impartiality.
2. The following persons shall be considered relatives provided for in paragraph 1(c) of this article: a mother, a father, a grandmother, a grandfather, a spouse, a child, an adopted child, a foster child, an adoptive parent, a spouse of an adoptive parent, a foster carer (a foster mother, a foster father), a grandchild, a sister, a brother, a parent of a spouse, a daughter-in-law, a son-in-law, an ex-spouse, a person in an unregistered marriage and his/her family member, a guardian, a custodian, a supporter, and any other persons who are or were engaged in a shared household economy.
3. Upon the identification of the grounds referred to in paragraph 1 of this article, the probation officer shall apply with a request of self-disqualification to the Head of the Probation Bureau, who shall review this request within 5 working days and make a decision to approve or deny the request.
4. In the process of enforcement proceedings, the convict or his/her legal representative may, when there is a ground defined in paragraph 1 of this article, refer to the Head of a Probation Bureau with a request for disqualification of the probation officer, who shall review the aforementioned request under the procedure established by paragraph 3 of this article.
5. The decision of the Head of the Probation Bureau on granting the request for self-disqualification/disqualification of the probation officer shall not be appealed.
6. The decision of the Head of a Probation Bureau on denying the request for self-disqualification/disqualification of the probation officer shall be appealed according to the location of the Probation Bureau to the district (city) court concerned, within 5 days after the decision has been communicated to a person with the right to appeal the decision.
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 17 – (Deleted)
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 171 – Procedure for sending and serving a document in the course of enforcing a legal act
1. A territorial body of the Agency shall deliver a notification, warning, penalty notice, decision and another document provided for by this Law to an addressee under the procedure established by Article 71 and Articles 73-76 of the Civil Procedure Code of Georgia.
2. If the delivery of the document sent is confirmed by the signature of the addressee, this signature shall be deemed authentic even if it has been executed by an electronic and/or another technical means.
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 18 – Clarification of a legal act to be enforced and appearance of a convict
1. A legal act to be enforced shall be sent to the Agency immediately upon entry of this legal act into force.
2. If a legal act to be enforced is vague or contains inaccuracies, the Head of the relevant Probation Bureau shall address the body adopting (issuing) the legal act with a request to clarify the inaccurate or unclear part(s) of the act.
3. The Head of the Probation Bureau shall, within 5 working days, provide written information about the commencement and completion of the enforcement of an adopted enforceable legal act to the body that has adopted the act.
4. If a convict does not reside at the address indicated in the legal act adopted by the court, or resides at this address but evades appearance at the Probation Bureau, the Head of the Probation Bureau shall, for the purpose of putting the convict on the wanted list, send the legal act, accompanied by the document confirming these circumstances, to the court that has adopted this act.
5. During the search for a convict, the running of the probation period shall be suspended.
6. A convict shall, not later than 15 days after a legal act to be enforced enters into force, and not later than 5 days after he/she is released from a penitentiary facility, appear at a probation bureau indicated in the legal act for the commencement of the enforcement of the legal act, and to be informed about his/her rights and obligations with regard to the legal act to be enforced and for the exercise of the relevant control over him/her by the probation bureau. The probation officer shall inform the convict who appears at the probation bureau about his/her rights and obligations and the possible results of their non-fulfilment, and prepare a relevant report to this effect.
7. If the convict has not appeared within the period stipulated by paragraph 6 of this article, the Probation Bureau shall issue him/her with a warning. The convict shall appear at the Probation Bureau within not later than one week after the receipt of the warning. Failure to appear shall serve as grounds for the Head of the Probation Bureau to address the court with a recommendation as specified in Article 21(1)(a),(b),(f),(g) and (h) of this Law.
8. The obligation of a Probation Bureau to give a notice under paragraph 7 of this article to a convict shall not apply to a convict who has no place of residence (actual or legal address) within the territory of Georgia, or whose place of residence is within the occupied territory. A convict has no place of residence within the territory of Georgia or whose place of residence is within the occupied territory shall be given advance notice by a body adopting (issuing) the legal act about the measures under this Law to be taken if he/she fails to appear at a relevant Probation Bureau. The form and procedure for giving notice to a convict placed in a penitentiary facility who has no place of residence within the territory of Georgia or whose place of residence is within the occupied territory shall be defined by an order of the Minister. In the aforementioned case, the Head of the Probation Bureau concerned shall forward the legal act for putting the convict on the wanted list to the court that has adopted the act.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 3525 of 1 May 2015 – website, 18.5.2015
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 19 - Protocol
1. A probation officer shall draw up a report in the process of conducting an enforcement action. The report shall include:
a) the place and date of the preparation of the report;
b) the name of the legal act for the enforcement of which the report is drawn up;
c) the name and surname of the probation officer preparing the report;
d) the data on the persons present during the preparation of the report;
e) the content of the enforcement action.
2. The accuracy of the report shall be determined by the signatures of the convict, the probation officer and the persons present, as well as the seal of the probation officer. The refusal of a person to sign the protocol shall be indicated in the report.
Article 20 – Internal report of a probation officer on requesting to apply to a court with recommendation
If a probation officer believes that there is a ground defined by the legislation of Georgia for applying to a court with recommendation, he/she shall write an internal report addressed to the Head of the Probation Bureau. The following information must be indicated in the internal report:
a) the number of the enforcement case;
b) the enforceable legal act;
c) brief notes regarding the enforcement actions;
d) information on failure (if any) of a convict (including a legal person) to fulfil a duty imposed on him/her;
e) the reasoned opinion of a probation officer on the appropriateness of the recommendation;
f) the signature of the probation officer and the date of submitting the internal report.
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 21 – Types of recommendations of the Head of a Probation Bureau
1. Where there are appropriate grounds, the Head of a Probation Bureau shall apply to the court with a recommendation on:
a) the substitution of community service imposed on the convict with another type of punishment;
a1) the conditional early release of the convict from serving community service imposed as punishment;
b) the substitution of correctional labour imposed on the convict as punishment with another type of punishment;
c) the full or partial annulment of the obligations imposed by the court on the probationer or on the imposition of new obligations on the convict;
d) (Deleted – 11.11.2011, No 5266);
e) the prolongation of a probation period for not more than one year due to the non-fulfilment of the imposed obligations by the probationer or due to the imposition of an administrative sanction;
f) the annulment of a conditional sentence and the enforcement of a sentence imposed by the judgement;
g) the annulment of a release on parole and the enforcement of the outstanding part of the sentence;
h) the annulment of a suspension of the sentence and sending the convict to the place designated by the judgement to serve the sentence;
i) the substitution of a punishment imposed on a legal person in the form of the deprivation of the right to engage in certain activities with another type of punishment;
j) the substitution of house arrest imposed on the convict with another type of punishment.
11. The following must be specified in the recommendation:
a) the name of a legal act in the process of enforcement of which it became necessary to apply to the court with a recommendation;
b) information on the convict and the duties imposed on him/her by the court;
c) information on the behaviour of the convict and the ground for the application to the court with a recommendation;
d) information on the activities of the legal person and the ground for the application to the court with a recommendation;
e) the content of the recommendation.
12. The recommendation shall be signed and certified with the seal of the probation bureau by the head of the probation bureau.
13. The recommendation must be accompanied by the evidence confirming the facts contained therein.
14. The recommendation must be accompanied by a copy of the pending enforcement proceedings against the convict (including the legal person), certified by the probation bureau.
2. A recommendation shall be submitted to the court according to the place of residence (de facto or a legal address) of the convict, and if there is no such residence, according to the location of the relevant Probation Bureau.
3. The court shall issue a ruling on granting or rejecting the recommendation not later than 10 days after its submission.
4. The head of a probation bureau shall, if there is an appropriate application of a convict and a relevant ground (including an appropriate drug test report, issued by a state expert institution, for persons convicted of committing a crime provided for by Chapter XXXIII and Article 381 of the Criminal Code of Georgia (on the basis of a violation of a restriction provided for by the Law of Georgia on Combating Drug-related Crime)), file a motion for annulling conditional sentence and removing conviction of the convict with the Standing Commission of the Agency for Reviewing the Annulment of Conditional Sentences (‘the Standing Commission’).
5. (Deleted – 1.6.2017, No 954).
51. (Deleted – 1.6.2017, No 954).
6. The head of a probation bureau shall apply to the court with a recommendation provided for in paragraph 1 of this article on the basis of a written agreement with the Head of the Agency.
Law of Georgia No 895 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 319
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 1223 of 26 July 2017 – website, 28.7.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 211 – (Deleted)
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 6011 of 10 April 2012 – website, 20.4.2012
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 22 – (Deleted)
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 221 – Lifting of a conditional sentence of a convict and removal of conviction
1. After passing of at least half of the probationary period of a probationer under a legal act defined by Article 2(2)(a) of this Law (including of a probationer military servant whose behaviour is controlled under the procedure established by Article 66(2) of the Criminal Code of Georgia), and, on the basis of the conditions of a civil agreement provided for by Article 671 of the Criminal Code of Georgia, even before expiry of a half of the probationary period, the decision on revoking the conditional sentence and removing conviction shall be made by the Standing Commission on the basis of an appropriate recommendation of a body carrying out control and support of a convict.
2. The Standing Commission shall, in addition to the issues defined by paragraph 1 of this article, on the basis of an application of a person and presentation of an appropriate drug test report issued by a state expert institution, review and decide on the issue of early restoration of the rights deprived from a person under the Law of Georgia on Combating Drug-related Crime or reduction of the period of deprivation of the rights, for which it is necessary that one third of the period of their deprivation is passed.
21. The Standing Commission shall, in addition to the issues defined by paragraphs 1 and 2 of this article, on the basis of an application of a person, review and decide on the issue of early restoration of a right deprived from a person on the basis of the Law of Georgia on Combating Crimes against Sexual Freedom and Inviolability/reduction of the period of deprivation of the right, for which it is necessary that:
a) at least one third of the period of deprivation of the right is passed, when a person is sentenced for the commission of a less serious crime;
b) at least half of the period of deprivation of the right is passed, when a person is sentenced for the commission of a serious crime;
c) at least two thirds of the period of deprivation of the right is passed, when a person is sentenced for the commission of a particularly serious crime.
3. In making an appropriate decision, the Standing Commission shall take into consideration the behaviour of a convict during the probationary period, the facts of crimes he/she committed in the past, the personality of a convict, his/her family status, the nature of the crime he/she committed, the fulfilment of the conditions of the civil agreement in the case provided for in Article 671 of the Criminal Code of Georgia, and whether the objective defined by Article 7(1) of this Law has been achieved and, other circumstances that may influence the decision of the Standing Commission.
4. The Standing Commission shall consist of five members. The Standing Commission shall be comprised of:
a) one servant of a structural subdivision within the civil division of a state sub-agency institution operating within the system of the Ministry – Special Penitentiary Service (the ‘Special Penitentiary Service’);
b) two employees of the Agency system;
c) one representative from the High Council of Justice of Georgia;
d) one representative from non-governmental organisations.
5. A candidacy of a representative of the Special Penitentiary Service shall be presented for approval to the Head of the Agency by the General Director of the Special Penitentiary Service; a candidacy of a representative of non-governmental organisations shall be presented for approval to the Head of the Agency by the Coordination Council of the Special Penitentiary Service, and a candidacy of a representative of the High Council of Justice of Georgia shall be presented for approval to the Head of the Agency by the Secretary of the High Council of Justice of Georgia.
5. One representative of non-governmental organisations, one representative of a structural subdivision within the civil division of the Special Penitentiary Service and two servants of the National Probation Agency system shall be approved by the Head of the National Probation Agency as members of the Standing Commission, while one representative of the High Council of Justice of Georgia shall be appointed by the Secretary of the High Council of Georgia.
6. The composition of the Standing Commission shall be approved by the Head of the Agency.
7. The representative of non-governmental organisations and the representative of the High Council of Justice of Georgia shall exercise the power of a member of the Standing Commission for a period of one year.
8. The Chairperson of the Standing Commission shall be elected by the Standing Commission from among its members by open ballot and by a majority vote of the members present.
9. The powers and the rules of operation of the Standing Commission shall be defined by the Statute of the Standing Commission. The Statute shall be approved by the Minister.
10. The Standing Commission shall review an issue with and/or without oral hearing, in compliance with the administrative procedures. The Standing Commission shall make a decision without oral hearing on refusing to revoke the conditional sentence and to remove conviction of a convict, on the refusal of an early restoration of a right deprived from a person on the basis of the Law of Georgia on Combating Drug-related Crime/a reduction of the period of deprivation of the right, or on the refusal of an early restoration of a right deprived from a person on the basis of the Law of Georgia on Combating Crimes against Sexual Freedom and Inviolability/a reduction of the period of deprivation of the right.
11. If the Standing Commission makes the decision on refusing to revoke the conditional sentence or to remove conviction of a convict, on the refusal of an early restoration of a right deprived from a person on the basis of the Law of Georgia on Combating Drug-related Crime/a reduction of the period of deprivation of this right, or on the refusal of an early restoration of a right deprived from a person on the basis of the Law of Georgia on Combating Crimes against Sexual Freedom and Inviolability/a reduction of the period of deprivation of the right, a repeat review of a motion on the same issue shall be permissible after six months from making the aforementioned decision.
12. A decision of the Standing Commission may be appealed to a court under the administrative procedure only once.
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Law of Georgia No 5754 of 17 March 2020 – website, 23.3.2020
Article 23 – Termination of enforcement proceedings
1. In the case of the deprivation of the right to occupy a certain position or engage in certain activities, the enforcement proceedings with regard to the legal act to be enforced shall be terminated upon the expiry of the period determined by the court, during which the person was deprived of the right to engage in certain activities or hold a certain position, and upon the release from serving a sentence.
11. If the rights related to weapons are restricted, the enforcement proceedings in relation to the enforceable legal act shall be completed upon expiry of the period set by the court during which a person was restricted the right related to weapons, and upon the release from enduring that punishment.
2. In the case of community service sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the case of:
a) the service of the full sentence;
b) the substitution of the community service sentence with another type of punishment, and in the case of release from serving this sentence.
3. In the case of a correctional labour sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:
a) upon the service of the full sentence;
b) upon the substitution of the correctional labour sentence with another type of punishment, and in the case of release from serving of this sentence.
4. In the case of a conditional sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:
a) upon the expiry of the probation period determined by the court;
b) upon revocation of the probation and the removal of conviction;
c) upon the adoption of a legal act revoking the probation and providing for the enforcement of the sentence imposed by the judgement.
5. In the case of the release of a convict on parole, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:
a) upon the expiry of the outstanding part of the sentence;
b) upon the adoption of a legal act revoking the release on parole and providing for the enforcement of the outstanding part of the sentence.
6. In the case of suspending the serving of a sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:
a) upon the expiry of the term for which the court suspended the enforcement of the punishment;
b) upon the adoption of a legal act revoking the suspension of the sentence and sending the convict to the place designated by the judgement to serve the sentence;
c) upon the adoption of a legal act revoking the suspension of the sentence and releasing the convict from serving the outstanding part of the sentence.
7. In the case of depriving a legal person of the right to engage in certain activities, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:
a) the liquidation of the legal person against whom the court issued a judgement of conviction depriving the legal person of the right to engage in certain activities;
b) upon the expiry of the term of the sentence imposed by the court;
c) the substitution by the court of the sentence imposed on the legal person in the form of the deprivation of the right to engage in certain activities with another type of punishment on the basis of a recommendation of the Head of a Probation Bureau.
71. (Deleted – 1.6.2017, No 954).
72. In the case of a sentence of house arrest, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:
a) upon serving the full sentence;
b) upon the substitution of the house arrest with another type of punishment, and upon the release from serving this sentence;
8. In the case envisaged by paragraph 6(a) of this article, a probation officer shall notify the court of the expiry of the period for which the enforcement of the sentence had been suspended.
81. If a court imposes a sentence of imprisonment on a convict who has been sentenced to a non-custodial punishment, or on a probationer during the probation period, the Head of the relevant territorial body of the Agency shall suspend the enforcement proceedings by a decision.
82. The court shall immediately notify the relevant territorial body of the Agency about the imposition, substitution or annulment of detention as a measure of restraint. Enforcement proceedings shall continue in the case of the substitution or annulment of the detention imposed as a measure of restraint.
9. If a legally effective enforceable legal act is revoked or if a convict dies, enforcement proceedings shall be terminated, and if a court decision on the expulsion of a convict on the basis of the Law of Georgia on the Legal Status of Aliens and Stateless Persons enters into legal force or if a convict is extradited, enforcement proceedings shall be suspended. If a convict enters Georgia during the period of limitation, enforcement proceedings shall be resumed.
10. After the enforcement proceedings are completed, the enforcement case shall be retained under the procedure established by the legislation of Georgia.
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 2398 of 30 May 2018 – website, 8.6.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 24 – (Deleted)
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter VI – Enforcement of a Legal Act on Deprivation of the Right to Hold a Position or to Conduct Activities and on Deprivation of the Right from a Legal Entity to Conduct Activities Imposed as Punishment
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 25 - Procedure for enforcing the deprivation of the right to hold a position or to conduct activities imposed as a measure of punishment
1. A copy of the court judgement on the deprivation of the right to hold a position or to conduct activities shall be transferred for enforcement to the relevant Probation Bureau according to the place of residence or place of employment of the convict.
2. A probation officer shall register the convict, and inform him/her about the rules and conditions for serving the sentence, and periodically monitor the fulfilment of the obligations imposed on the convict.
3. If a probation officer determines that a convict occupies a position or engages in such activities that are prohibited to him/her by the judgement, the probation officer shall send a request to the employer to dismiss the convict from the position or to prohibit him/her from engaging in the activity indicated in the judgement.
4. A request sent to the employer shall contain a warning concerning the possible criminal liability in the case of interfering with the enforcement of or non-implementation of a court judgement.
5. If the employer fails to dismiss the convict from the occupied position or to change the area of his/her activity within 5 working days after the receipt of the request of the probation officer, the relevant documents shall be sent to the relevant body of the Prosecutor's Office.
Article 26 - Obligations of the administration of the employer where the convict is employed
1. A judgement on the revocation of the right to engage in certain activities or to occupy a certain position shall be binding on the administration of the employer where the convict is employed.
2. The administration of the employer where the convict is employed shall:
a) notify the relevant Probation Bureau on the measures taken within not later than 7 working days after the receipt of the copy of the judgement and of the notification from the Probation Bureau on the dismissal of the convict or on the banning of the convict from engaging in certain activities;
b) upon request, present to the Probation Bureau the documents related to the enforcement of the sentence;
c) notify the Probation Bureau, within 5 days, about the modification or termination of the employment agreement entered into with the convict.
Article 27 - Obligation of the bodies authorised to annul a decision on granting the right to engage in certain activities
1. The requirements of a judgement banning a convict from engaging in certain activities shall be binding on the body that is authorised to annul a decision on granting the right to engage in certain activities.
2. The body specified in paragraph 1 of this article shall, within not later than 5 working days after the receipt of the copy of the judgement and the request of the relevant Probation Bureau, annul the decision granting the convict a right to engage in certain activities, and confiscate relevant documents from him/her and notify the Probation Bureau.
Article 271 – Enforcement of a legal act on deprivation of the right from a legal entity to conduct activities
1. When enforcing a legal act on deprivation of the right from a legal entity to conduct activities, a probation officer shall take measures to insure that the type of a prohibited activity and the period of prohibiting this activity are indicated in the registration data of the legal entity.
2. If the deprivation of the right from a legal entity to conduct activities refers to the prohibition of a licensed/permitted activity, a probation officer shall, within 3 days after receiving an appropriate legal act for enforcement, inform the licence/permit issuing body about the deprivation of the right from the legal entity to conduct the activity.
3. A probation officer shall periodically control that the legal entity adequately complies with the legal act on the deprivation of the right from the legal entity to conduct the activity.
4. If a legal entity avoids enforcement of an appropriate legal act and carries on the prohibited activity, the head of a probation bureau shall, under the procedure established by this Law, apply to a court with a recommendation to replace the deprivation of the right to conduct activities imposed on the legal entity as a punishment with another punishment.
5. The appropriate provisions of enforcement established by this Law shall be applied against a legal entity, except when, based on the content of a regulation, they cannot be applied against the legal entity.
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter VII – (Deleted)
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 28 – (Deleted)
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter VIII – Enforcement of Community Service Sentences
Article 29 – Procedure for enforcing community service sentences
1. Upon receipt for enforcement of a copy of the judgement imposing a community service sentence (including when a plea agreement is concluded between the parties under the procedure established by the Criminal Code of Georgia) or a copy of a decision of the local council of the Special Penitentiary Service (the ‘local council’), a probation bureau shall define the type and daily hours of community service for a convict. The punishment imposed in the form of community service shall be enforced in a public institution, except when, based on the usefulness of work to be performed to the community, the punishment may be enforced in a legal entity under private law.
2. An agreement shall be entered into between the Probation Bureau and the employer, which shall specify the type of the community service to be performed by the convict, its total duration and hours per day, workplace, name and address of the employer, as well as other circumstances relevant for making a decision on the matter. A copy of the agreement shall be given to the convict.
3. For the efficient enforcement and proper control of community service, including for conducting electronic monitoring, the Agency may conclude a respective agreement/contract with a municipality body or a different employer. This agreement/contract may provide for the obligation of the employer to pay the service fee. The service fee received under this paragraph shall be used for the achievement of the aforementioned objective and other objectives of the Agency.
4. A convict, taking into account his/her social status and working conditions, shall be provided with food, or the Agency shall reimburse food expenses to him/her; the conditions and procedure for reimbursement shall be determined by a normative act of the Minister.
5. The Agency shall provide a convict with an appropriate insurance during performance of the community service, considering the work to be performed, in accordance with the terms and procedure determined by the Minister.
6. The procedure and conditions for enforcing community service shall be defined by an order of the Minister.
Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 6504 of 19 June 2012 - website, 2.7.2012
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Law of Georgia No 6957 of 15 July 2020 – website, 28.7.2020
Article 30 - Terms for serving a community service sentence
1. Community service may be performed at any time of the day.
2. A convict may, if he/she so desires and in the case of relevant conditions, perform the community service during the weekends.
Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011
Article 31 – Calculation of the term of community service
1. The term of community service shall be calculated in hours during which a convict performs the required work.
2. If the duration of the work offered to a convict by a Probation Bureau is less than the period of time determined by the court or the local council the Probation Bureau shall determine a new workplace for the convict before the expiry of the duration of the offered work.
Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011
Law of Georgia No 6504 of 19 June 2012 - website, 2.7.2012
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 32 - Obligations of the administration of the employer where the convict is serving a community service sentence
1. The employer shall monitor the duration and volume of the community service performed by the convict and keep relevant records. The probation officer shall periodically monitor the accuracy of the records made by the employer, the work fulfilled by the convict and enter the data on the fulfilled work into a report.
2. Any liability arising from damage caused in the process of performing community service and the relevant compensation shall be determined by the legislation of Georgia.
Article 33 - Liability of a person sentenced to community service
1. A probation officer shall warn the convict about the liability determined by the legislation of Georgia for violating the procedures and terms of community service.
2. If a convict refuses or persistently evades community service, the Head of the relevant Probation Bureau shall address the court with a recommendation to substitute the community service by another type of punishment as provided for by this Law.
3. The excusable circumstances specified in Article 121 (1) of this Law shall apply to a convict in the case of his/her failure to appear for the community service.
4. Where there are valid reasons, the employer may, in agreement with the probation officer, allow the convict not to perform the work on a particular day. In that case, the convict shall perform the non-fulfilled work another time.
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Article 33 1 – (Deleted)
Law of Georgia No 895 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 319
Law of Georgia No 2698 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 69
Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011
Law of Georgia No 6504 of 19 June 2012 - website, 2.7.2012
Chapter VIII1 – Performance of Unpaid Community Service Undertaken by Persons Subject to Diversion
Law of Georgia No 6215 of 15 May 2012 – website, 29.5.2012
Article 332 - Procedure for enforcing unpaid community service
1. If a person subject to diversion undertakes to perform unpaid community service as a condition of diversion, the prosecutor shall send to the relevant Probation Bureau information on the conditions of diversion undertaken by this person, after which the Probation Bureau shall determine the type of the work and daily working hours.
2. The provisions of this Law, considering their content, shall apply to the performance of unpaid community service by a person subject to diversion.
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Article 333 - Supervising the performance of unpaid community service
1. The proper performance of unpaid community service by a person subject to diversion shall be monitored by the relevant Probation Bureau.
2. The Probation Bureau shall periodically present to the prosecutor information on the performance of unpaid community service undertaken by a person subject to diversion.
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Chapter IX – Enforcement of Correctional Labour Sentences
Article 34 - Procedure for enforcing correctional labour sentences
1. A correctional labour sentence shall be enforced at the main place of work of the convict.
2. Upon receiving for enforcement a copy of a court judgement on the assignment of correctional labour or in the case of the transfer of a convict to another workplace, the relevant Probation Bureau shall send a request to the employer to make deductions, for the benefit of the state budget, from the salary of the convict in the amount corresponding to the percentage determined by the court.
3. A request sent to the employer shall indicate the possible criminal liability in the case of interfering with the fulfilment or non-fulfilment of the court judgement.
Article 35 – Conditions for serving correctional labour sentences
1. During the period of serving a correctional labour sentence, it shall be prohibited for a convict to request temporary release from performance of work without the written permission of a probation bureau. The permission may be issued only after providing a reason for the temporary release from performance of work. A refusal to grant permission must be reasoned. A decision on refusing to issue the aforementioned permission may be appealed under the procedure established by law.
2. If, because of the unavailability of a workplace or other valid reasons, the sentence imposed in the form of the correctional labour cannot be enforced, the Agency may enforce the sentence through an entrepreneurial legal entity and/or a non-entrepreneurial legal entity set up by the Agency.
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 36 - Calculation of the term of correctional labour
1. The term of correctional labour shall be the period of time during which the convict was working and deductions were being made from his/her salary.
2. The correctional labour shall commence from the day when the administration of the employer where the convict is employed receives a copy of the court judgement and other relevant documents from the relevant Probation Bureau.
Article 37 – Obligations of the administration of the employer where a convict is employed
1. The administration of the employer where a convict sentenced to correctional labour is employed shall be required to make timely and accurate deductions from the salary of the convict and to transfer the deducted amount in a prescribed manner, and to monitor the behaviour of the convict, and inform the relevant Probation Bureau about the methods of motivation and punishment applied to the convict, as well as about the transfer of the convict to another position or about his/her dismissal from work.
2. If a convict, while serving his/her sentence, is dismissed from work at the initiative of the employer, the administration shall immediately inform the Probation Bureau about the dismissal.
3. (Deleted – 29.11.2019, No 5390).
4. (Deleted – 29.11.2019, No 5390).
5. (Deleted – 29.11.2019, No 5390).
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 38 - Procedure for making deductions from the salary of a convict sentenced to correctional labour
1. A probation officer shall monitor the accuracy of the amounts deducted by the employer from the salary of a convict for the benefit of the state budget. Where there are relevant grounds, a probation officer may invite relevant bodies to exercise monitoring.
2. If the financial situation of the convict deteriorates, the relevant Probation Bureau, the convict and the administration of the employer where the convict is employed, may request a court to decrease the amount to be deducted from the salary of the convict.
Article 39 - Liability of a convict sentenced to correctional labour
If a convict persistently evades correctional labour or violates the procedure and conditions for serving this sentence, the Head of the relevant Probation Bureau shall address a court with a recommendation to substitute the correctional labour with another type of punishment.
Chapter X – Procedure for Enforcing Legal Acts on the Application of Probation Measures (Imposition of Conditional Sentences, Release on Parole and Suspension of Sentences) with respect to Convicts
Article 40 – Powers of probation officers and social workers in the process of the enforcement of legal acts related to probation
1. In the process of the enforcement of legal acts specified in Article 2(2) of this Law, a probation officer shall:
a) monitor the fulfilment of the obligations imposed on a convict by a court;
b) control the behaviour of the convict and provide assistance to him/her;
c) conduct measures of an educational nature with a convict;
d) assist a convict with employment, as far as possible;
e) conduct other measures facilitating the re-socialisation of a convict, for which, where necessary, the probation officer may establish business relations with municipality bodies and with other state and non-state bodies;
f) enforce a respective legal act based on the assessment of the risk of the convict and the individual plan of the enforcement of the sentence imposed on the convict. The principles, procedure and form of preparation of this plan shall be defined by the Minister. In performing the aforementioned function, a probation officer shall cooperate with a social worker and a psychologist.
g) register information on the observance of the statutory regime by convicts, as well as other information on convicts, in a special electronic programme in accordance with the Instructions on the Enforcement Proceedings relating to Non-custodial Sentences and Probation Acts approved by the Minister.
11. Any disclosure and use for non-official purposes of information (except for the cases specified in Article 50(4) of the Criminal Procedure Code of Georgia) obtained in the course of official duties in the Agency system shall be punishable in accordance with the procedure laid down in the legislation of Georgia.
2. A probation officer, in monitoring the behaviour of a convict during the fulfilment by him/her of obligations imposed by a court, may:
a) summon the convict for registration with the frequency and in the cases determined by this Law;
b) obtain an explanation from the convict;
c) receive information on the behaviour of the convict from his/her relatives, acquaintances, place of work and educational institution;
d) request information on the convict from relevant state and medical institutions.
3. The measures referred to in paragraph 1(c) and (e) of this article may also be conducted by a social institution, organisation, social worker or a person with a respective education on the basis of an agreement concluded with the Agency and in accordance with the criteria determined by the Agency.
4. A social worker may, on the basis of a relevant request of the prosecutor and in accordance with the legislation of Georgia, participate in the process of the implementation of the agreements envisaged by Article 105(5) of the Criminal Procedure Code of Georgia.
5. The fulfilment of the obligations undertaken by a probationer under a civil agreement envisaged by Article 671 of the Criminal Code of Georgia shall be monitored by a probation officer. The Head of the relevant Probation Bureau shall periodically present to the prosecutor information on the fulfilment of the conditions of the civil agreement by the convict.
Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Law of Georgia No 1730 of 11 December 2013 – website, 25.12.2013
Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Law of Georgia No 6957 of 15 July 2020 – website, 28.7.2020
Article 401 – Insurance of fulfilment of obligations imposed on persons who commit domestic crime; organisation of the completion of compulsory training courses focused on changing violent attitude and behaviour
The duty to ensure fulfilment of obligations imposed on persons who have committed domestic crime and the organisation of the completion of compulsory training courses focused on changing violent attitude and behaviour, may, in addition to the Agency, also be carried out by a social institution possessing relevant experience (competence), a non-entrepreneurial (non-commercial) legal entity or by an individual with relevant education on the basis of an agreement (memorandum) entered into with the Agency.
Law of Georgia No 2707 of 17 October 2014 - website, 31.10.2014
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 41 - Change of place of residence by a convict
1. If a court orders a convict not to change a place of residence without the consent of the body in charge of the enforcement of the sentence, the application of the convict on the change of the place of residence shall be reviewed and decided by the Head of the relevant Probation Bureau.
2. A decision of the Head of the Probation Bureau on granting a permission to change the place of residence shall be communicated to the convict in writing, within not later than 2 weeks after the receipt of the application.
3. If a court does not impose the obligation stipulated by paragraph 1 of this article on a convict, he/she shall notify the monitoring body about a change of a place of residence two weeks in advance of the said change of residence.
31. If the requirements specified in paragraphs 1 and 3 of this article are not met, a special regime of appearance stipulated by Article 12(13) of this Law may apply to the convict.
4. If a convict changes the place of residence, the enforcement case shall be referred to the Probation Bureau according to the new place of residence of the convict.
Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012
Article 42 – Giving a notice to convicts whose sentences have been suspended
1. If a convict, whose sentence has been suspended as provided for by Article 2(2)(c) of this Law, renounces his/her child or avoids responsibility for the child's upbringing, a probation officer shall give him/her a written warning that such an act serves as a ground for applying to the court with a recommendation provided for in Article 21(1)(h) of this Law and shall draw up an appropriate report to that effect. The probation office shall, immediately after the report is drawn up, provide information regarding the circumstances specified in this paragraph to a legal entity under public law subject to the state control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia – the Social Service Agency, which carries out measures provided for by the legislation of Georgia.
2. If the situation referred to in paragraph 1 of this article is not corrected within a period of one month, the Head of the Probation Bureau concerned shall apply to the court with a recommendation to revoke the suspension of the sentence and to send the convict to the place designated by the judgement to serve his/her sentence.
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 43 – (Deleted)
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Article 44 – Non-fulfilment of imposed obligations by a convict
1. The following shall be considered as non-fulfilment of imposed obligations by a convict:
a) non-compliance with a lawful demand of a probation officer;
b) non-fulfilment of obligations imposed by a court or refusal to fulfil such obligations.
2. The grounds for addressing the court with a recommendation shall be:
a) the failure of the convict to appear at least three times at a time and place determined by the probation officer;
b) the refusal of the convict to fulfil obligations or the evasion of the fulfilment of obligations;
b1) the commission of an act provided for in Article 14(11) of this Law;
c) other cases stipulated by law.
3. (Deleted).
Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter X1 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 441 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 442 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 443 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 2707 of 17 October 2014 - website, 31.10.2014
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 444 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 445 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 446 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 447 – (Deleted)
Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Chapter X2 – Procedure for Enforcing the House Arrest Imposed as Punishment
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Article 448 – Procedure for enforcing the house arrest
1. Without prejudice to this Chapter, the procedure determined by Chapter V of this Law shall apply to the admission and enforcement of legal acts on house arrest imposed as punishment.
2. A legal act on house arrest shall be subject to the proceeding and to the commencement of enforcement immediately, unless otherwise provided by this legal act.
3. Chapter IV of this Law shall not apply to persons sentenced to house arrest, except for Article 121.
4. Considering the peculiarities of this Chapter, the rights and duties defined by this Law shall apply to a convict in the process of enforcing the legal act on house arrest.
5. If a convict violates the house arrest regime (the time and conditions of house arrest determined by the court/local council, and other duties of the convict) without a valid reason, the head of the probation bureau shall apply to the sentencing court with an appropriate recommendation.
6. House arrest shall, usually, be enforced by using an electronic monitoring device. A decision not to use electronic monitoring equipment shall be made by the Agency.
7. While enforcing the house arrest, when a convict loses the electronic monitoring device, or if the electronic monitoring device is damaged due to a guilty act of a convict, the liability to compensate for the damage shall be imposed on him/her, and where a minor convict is involved, the aforementioned liability shall be imposed on his/her legal representative.
8. Where it is technically impossible to use electronic monitoring equipment for house arrest monitoring, control shall be exercised by way of unannounced visits, at least six times a month, and a relevant report shall be prepared to that effect.
9. If, during the enforcement of house arrest, there are excusable circumstances provided for in Article 121 of this Law, in agreement with the Head of the Agency, and upon a reasoned request of the convict or his/her legal representative, and with the written permission of the Head of the probation bureau, the convict may be granted the right to temporarily leave the house to which he/she is confined.
10. If the house arrest is enforced with the use of an electronic monitoring device, a fee may be charged. The fee shall be transferred to the account of the Agency and shall be used for achieving its objectives and fulfilling its functions.
11. A convict shall be exempted from paying the fee charged for the enforcement of the house arrest with the use of an electronic monitoring device if he/she is registered in the unified database of socially vulnerable families and the indicator of his/her social and economic conditions does not exceed the limited points set by the Government of Georgia to receive the living allowance.
12. The following shall be defined by an order of the Minister:
a) the procedure and conditions for enforcing the house arrest and the amount of a fee for the enforcement of the house arrest with the use of an electronic monitoring device;
b) the procedure and conditions for paying the fee for enforcing the house arrest with the use of an electronic monitoring device;
c) the procedure and conditions for depositing the sum.
Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Law of Georgia No 3130 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Chapter X3 – Enforcement of the Restriction of Rights Related to Weapons Imposed as Punishment
Law of Georgia No 2398 of 30 May 2018 – website, 8.6.2018
Article 449 – Procedure for Enforcing the Restriction of Rights Related to Weapons Imposed as Punishment
1. The procedure established by Chapter V of this Law shall, considering the special aspects of this Chapter, apply to the admittance and enforcement of the legal act on restricting the rights related to weapons imposed as punishment.
2. A copy of the court judgment on restricting the rights related to weapons shall be transferred for enforcement to a probation bureau according to the place of residence of the convict.
3. A probation officer shall register the convict and shall inform him/her about the procedures and conditions for enduring the punishment.
4. The probation officer shall, within 3 working days after the enforceable legal act is admitted, file a request with the Ministry of Internal Affairs of Georgia for revoking the licence (the permit) of the convict related to weapons.
Law of Georgia No 2398 of 30 May 2018 – website, 8.6.2018
Article 4410 – The obligation of a body authorised to revoke a licence (a permit) related to weapons
The Ministry of Internal Affairs of Georgia shall revoke a licence (a permit) related to weapons and shall deprive of weapons under the procedure established by the legislation of Georgia. If the licence (the permit) is revoked as requested by the probation officer, the Ministry of Internal Affairs of Georgia shall provide the probation bureau with information about measures taken no later than 3 working days from taking the measures.
Law of Georgia No 2398 of 30 May 2018 – website, 8.6.2018
Chapter XI – Transitional and Final Provisions
Article 45 - Transitional provisions
At the moment of this Law coming into force:
a) probationers and parolees shall be required to appear at a time and place specified by a probation officer once a year;
b) juvenile convicts and juveniles released on parole shall be required to appear at a time and place specified by a probation officer not more than once a week;
c) those convicts and parolees whose term of sentence expires in less than a year shall be required to appear once at a time and place specified by a probation officer during the remaining term of their sentence.
Article 451 - Procedure regulating the calculation of the number of violations of an established regime by a convict
The calculation of the number of violations of the regime stipulated by Article 12 of this Law shall commence on 1 January 2010.
Law of Georgia No 2997 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 161
Article 452 – (Deleted)
Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011
Law of Georgia No 5390 of 29 November 2019 – website, 10.12.2019
Article 453 – (Deleted)
Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013
Law of Georgia No 2981 of 25 December 2014 – website, 30.12.2014
Law of Georgia No 186 of 22 December 2016 – website, 29.12.2016
Law of Georgia No 954 of 1 June 2017 – website, 20.6.2017
Article 454 - Application of the rules stipulated by Article 5(1) and Article 18(8) of this Law to convicts whose place of residence (de facto or a legal address) is located within the occupied territories determined by the Law of Georgia on Occupied Territories
1. Until the jurisdiction of Georgia is fully restored in the occupied territories determined by the Law of Georgia on Occupied Territories, in the case determined by Article 5(1) of this Law, if the place of residence of a convict (de facto or a legal address) is located within the occupied territories determined by the Law of Georgia on Occupied Territories, the body adopting (issuing) a legal act shall indicate in the legal act to be enforced the relevant Probation Bureau where the convict is to appear.
2. Until the jurisdiction of Georgia is fully restored in the occupied territories determined by the Law of Georgia on Occupied Territories, the obligation of the Probation Bureau to warn a convict as stipulated by Article 18(8) of this Law shall not extend to convicts whose place of residence is located within the occupied territories determined by the Law of Georgia on Occupied Territories.
Law of Georgia No 2324 of 30 April 2014 - website, 13.5.2014
Article 455 - Time limits for organising compulsory training courses intended to change violent attitudes and behaviour
The National Probation Agency shall, before 1 September 2015, ensure the organisation of compulsory training courses intended to change violent attitudes and behaviour for persons who have committed a domestic crime and who have been sentenced to restriction of liberty and/or who are on probation.
Law of Georgia No 2707 of 17 October 2014 - website, 31.10.2014
Article 456 - Approval of Instructions on Enforcement Proceedings relating to Non-custodial Sentences and Probation Acts
The Minister of Corrections and Probation shall, before 1 July 2016, approve the Instructions on Enforcement Proceedings relating to Non-custodial Sentences and Probation Acts.
Law of Georgia No 5016 of 27 April 2016 – web-site, 13.5.2016
Article 46 - Repealed normative act
The Law of Georgia on the Procedure for Enforcing Non-custodial Sentences and Probation of 19 June 2001 shall be deemed repealed upon entry into force of this Law. (The Legislative Herald of Georgia, No 21, 4.7.2001, Art. 76).
Article 47 - Entry of the Law into force
This Law shall enter into force on the 15th day after promulgation.
President of Georgia M. Saakashvili
Tbilisi
19 June 2007
No4956-Iს
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