On the Approval of Military Discipline Regulations

GOVERNMENT OF GEORGIA

Ordinance No 615

3 November 2014

Tbilisi

 

On the Approval of Military Discipline Regulations

 

Article 1

The attached Military Discipline Regulations shall be approved as provided for by Article 5(z²) of the Law of Georgia on the Structure, Authority and Rules of Activity of the Government of Georgia.

Article 2

Within one month after the entry into force of this Ordinance the Minister of Defence and the Minister of Internal Affairs of Georgia shall, within their authority, issue the following orders:

a) on the Approval of Instructions for the Functioning of Administrative Detention Facilities (Guardhouses) within the System of the Ministry of Defence of Georgia;

b) on the Approval of the Templates of reports Determined by Military Discipline Regulations and of Other Documents Required for Disciplinary Proceedings;

c) on the Approval of Instructions for the Functioning of Military Detention Facilities (Guardhouses) within the System of the Ministry of Internal Affairs of Georgia.

Article 3

The Military Discipline Regulations, except for Articles 15 and 16, shall apply only to the servicemembers doing compulsory military service at the Ministry of Internal Affairs of Georgia.

Article 4

The Ordinance shall enter into force upon promulgation.

 

Prime Minister                                                                                                                                                       Irakli Gharibashvili

 

 

Military Discipline Regulations

 

Chapter I

General Provisions

 

Article 1 – Goals and objectives of the Military Discipline Regulations

1. The objective of the Military Discipline Regulations ('the Regulations') is to observe the established rules of public administration, to ensure state and public order and military discipline, to prevent disciplinary offences and ensure the performance of military service by servicemembers by continuous and strict adherence to the Constitution and the legislation of Georgia, by protecting the rights, honour and dignity of citizens and servicemembers, by respecting the rules of public and military life and by fulfilling the assigned duties.

2. In order to accomplish the objectives determined by paragraph 1 of this article the Regulations define the concept of disciplinary offence and good conduct, the types of disciplinary measures and incentives to be applied and the body (official) authorised to apply them, also the procedure for imposing disciplinary liability on servicemembers for beach of discipline, and for granting incentives to servicemembers for good conduct.

3. The Regulations are based on the Constitution of Georgia, and on universally recognised principles of international law and the legislation of Georgia.

4. The Regulations intend to protect the dignity of servicemembers and to enhance military discipline, also to prevent breach of discipline by servicemembers, to ensure observance of military discipline and grant incentives to servicemembers for good conduct.

5. Military discipline is based on consistent performance of duties by servicemembers, high awareness of personal responsibility and constant combat readiness of servicemembers in order to defend the state interests.

 

Article 2 – Prevention of disciplinary offences

Appropriate governmental institutions shall develop and implement measures to prevent disciplinary offences, to identify and eliminate the reasons and conditions that cause and contribute to disciplinary offences.

 

Article 3 – Disciplinary measures for disciplinary offences or application of incentives for good conduct

1. Servicemembers shall be subject to disciplinary measures for disciplinary offences or shall receive incentives for good conduct according to the rules established by the Regulations.

2. The proceedings related to disciplinary offences and incentives shall be carried out in full compliance with the Regulations and the legislation.

3. Authorised bodies and officials, within their authority, impose disciplinary measures on or apply incentives to servicemembers in full compliance with the legislation.

4. Servicemembers may not be subject to more than one disciplinary measure or incentive for the same action.

5. Compliance with the law in imposing disciplinary measures or applying incentives is ensured by systematic control, by the right to appeal and by other mechanisms determined by the legislation.

 

Article 4 – Definition of terms

The terms used in the Regulations have the following meanings:

a) the Military Forces of Georgia – the armed forces established by law in order to protect the independence, sovereignty and territorial integrity of the country and to fulfil international obligations undertaken by Georgia. The Military Forces of Georgia comprise the Armed Forces of Georgia, and in the case of martial law, also the State Sub-Agency of the Ministry of Internal Affairs of Georgia – the Border Police of Georgia;

b) appropriate governmental institutions:

b.a) the Ministry of Defence of Georgia;

b.b) the Ministry of Internal Affairs of Georgia;

c) superior officers (commanders) and their subordinate persons – according to the official position and military rank, servicemembers may be in a position of authority or subordination with respect to other persons. Superior officers shall have the right to give orders to their subordinate persons and check the fulfilment of the orders. The superior officers to whom servicemembers are officially subordinated are direct superiors. The superior officer closest in terms of position to a servicemember is called an immediate superior. According to military ranks, superior officers are superior in military rank with respect to persons with lower military rank;

d) extreme situation – situation where life or health of servicemembers is at high risk;

e) salary – basic pay, pay by rank and other supplements determined by the legislation;

f) multiple disciplinary offences – one or more similar disciplinary offences committed within the period of application of a disciplinary measure imposed for a disciplinary offence;

g) educational institution – a military school, a higher military educational institution;

h) disciplinary year – a period from the beginning of an academic year to the beginning of the next academic year for junkers [ military school students], and a period from the beginning to the end of an academic year for the trainees;

i) disciplinary points – all junkers/ trainees of a military educational institution shall be granted 100 credit points at the beginning of an academic year /course ( disciplinary year), which will be reduced according to an established procedure in the case of commission by junkers/trainees of various disciplinary offences ;

j) scholarship - the amount of money granted to a junker;

k) servicemembers – citizens of Georgia, persons having the status of a stateless person in Georgia or foreign citizens (in cases determined by Article 5 of the Law of Georgia on Military Duty and Military Service), who serve in the military forces of Georgia, at legal entities under public law within the system of the Ministry of Defence of Georgia, at military agencies, and also persons called up for military reserve, during their service in the military reserve;

l) military discipline – strict and full compliance by servicemembers with the rules determined by the legislation of Georgia and by the Regulations.

 

Chapter II

Scope of Application of the Regulations

 

Article 5 – Application of the Regulations in time

1. Disciplinary measures for committing disciplinary offences, or incentives for good conduct shall be applied to servicemembers under the Military Discipline Regulations applicable at the time when the action is committed.

2. Time of commission of an action is the time when a servicemember was performing the action; irrespecitve of the time of the occurrence of the consequence.

 

Article 6 – Retroactive effect of the Regulations

1. The provisions of the Regulations that cancel a disciplinary offence or mitigate disciplinary liability shall have retroactive effect. The provisions of the Regulations that impose disciplinary liability or toughen disciplinary measure shall have no retroactive effect.

2. The provision of the Regulations that determines the types of incentives for good conduct or cancels such incentive shall have no retroactive effect.

 

Article 7 – Scope of Application of the Regulations

1. The Regulations apply across the territory of Georgia and also abroad, unless otherwise provided for by international agreements.

2. The Regulations shall not apply to the procedures of dishonourable discharge of servicemembers from military service.

3. The contracted (professional) or regular servicemembers of the Ministry of Defence of Georgia who are reassigned to attend professional development courses shall be subject to the same disciplinary measures and incentives during these reassignments as trainees, except where the disciplinary measures and incentives applicable to contracted (professional) or regular servicemembers are to apply to these persons under an individual administrative act issued by the Minister of Defence of Georgia or a person authorised by him/her.

 

Chapter III

Good Conduct

 

Article 8 – Concept of good conduct of servicemembers

Good conduct of a servicemember shall be any action intended to ensure state and public order, observe military discipline, protect rights and duties of citizens and servicemembers and observe the procedures established by the public administration, which leads to strongly positive evaluation of the servicemember in the military service and in the society and to which the incentives are applicable under the Regulations.

 

Article 9 – Ordinary and special circumstances of good conduct

1. Ordinary circumstances of good conduct are as follows:

a) the times of peace;

b) the time of performing official duties;

c) the execution of the command of a superior officer(commander);

d) the period of the leave of absence.

2. Special circumstances of good conduct are as follows:

a) the times of hostilities or execution of combat missions (assignments);

b) the period of deployment in a foreign country;

c) the participation in international military trainings;

d) the operation in extreme situations;

e) the performance of international obligations.

 

Chapter IV

Incentives

 

Article 10 – Purpose of incentives

Incentives are applied to enhance military discipline. The purpose of incentives is to motivate servicemembers for exemplary fulfilment of their duties and demonstration of honour and dignity of servicemembers.

 

Article 11 – Types of incentives

The following types of incentives may be granted for good conduct:

a) commendations;

b) removal of a previous disciplinary measure;

c) Certificate of Merit;

d) a valuable gift;

e) a monetary reward;

f) a short-term leave from a military unit's deployment site;

g) a letter of appreciation sent to the family of a servicemember;

h) a personal photo taken with an unfolded flag of the military unit;

i) placement of a photo of a servicemmember on the board of honour of the sub-unit/military unit/ship/educational institution;

j) recording of the name of a servicemember in the book of honour of the sub-unit/military unit/ship/educational institution;

k) award of an Expert Combatant's Badge;

l) award of an Expert Qualification Badge;

m) award of a service medal;

n) early promotion to a higher rank by an order of the head of the respective institution in the cases determined by the Regulations;

o) award of a weapon;

p) state decorations, such as orders and medals.

 

Article 12 – Commendation

An incentive in the form of commendation shall be applied on the basis of an order. Commendations may be given to an individual servicemembeer or to all servicemembers of the unit.

 

Article 13 – Removal of the previous disciplinary measure

1. An incentive in the form of removal of the previous disciplinary measure shall be applied on the basis of an order. By this form of incentive only one disciplinary measure may be removed with respect to a servicemember.

2. A disciplinary measure may be removed by the superior officer (commander) who applied the disciplinary measure, and also by a direct superior (commander) who has appropriate disciplinary powers.

3. The incentive defined by this article may be applied for good conduct specified in Articles 57-118 of the Regulations provided that the good conduct occurs within the period of application of a disciplinary measure.

4. Except for the cases provided for by this article, a servicemember's disciplinary measures may be removed on the basis of an individual administrative act of the head of a governmental institution.

 

Article 14 – Certificate of Merit

1. An incentive in the form of a Certificate of Merit shall be applied on the basis of an order.

2. The template of a Certificate of Merit shall be approved by the head of the governmental institution or by an official authorised by him/her.

 

Article 15 – Valuable gifts

1. Valuable gifts shall be awarded on the basis of an order of the head of the appropriate governmental institution.

2. The cost of a valuable gift may not exceed the amount of a one-month salary/scholarship of a servicemember.

Article 16 – Monetary reward

1. Monetary rewards shall be applied on the basis of an order of the head of the appropriate governmental institution.

2. The amount of a monetary reward must not be less than 20% or more than a one-month salary of the eligible servicemember.

 

Article 17 – Short-term leave from a military unit's deployment site

1. An incentive reward in the form of a short-term leave from a military unit's deployment site shall be applied on the basis of an order.

2. The duration of a short-term leave from a military unit's deployment site may not exceed three days.

 

Article 18 – A letter of appreciation sent to the family of a servicemember

An incentive in the form of a letter of appreciation sent to the family of a servicemember shall be applied to persons who serve in the compulsory and contracted (professional) military service.

 

Article 19 – A personal photo taken with the unfolded flag of the military unit

An incentive in the form of a personal photo taken with the unfolded flag of the military unit shall be applied on the basis of an order.

 

Article 20 – Placement of the photo of a servicemember on the board of honour of the sub-unit/military unit/ship/educational institution

1. An incentive in the form of placement of the photo of a servicemember on the board of honour of the sub-unit/military unit/ship/educational institution shall be applied on the basis of an order.

2. Such incentive shall be valid until the transfer of the rewarded serviceer to another sub-unit/military unit/ship/educational institution, and/or until the memba disciplinary measure on the servicemember for committing a disciplinary offence.

 

Article 21 – Record of the name of a servicemember in the book of honour of the sub-unit/military unit/ship/educational institution

1. An incentive in the form of a record of the name of a servicemember in the book of honour of the sub-unit/military unit/ship/educational institution shall be applied on the basis of an order.

2. The incentive shall be valid for the period of existence of the sub-unit/military unit/ship/educational institution.

 

Article 22 – Expert Combatant's Badge

1. An incentive in the form of an Expert Combatant's Badge shall be awarded on the basis of an order.

2. The template of an Expert Combatant's Badge shall be approved by the head of the appropriate governmental institution.

 

Article 23 – Expert Qualification Badge

1. An incentive in the form of an Expert Qualification Badge shall be awarded on the basis of an order.

2. The template of an Expert Qualification Badge shall be approved by the head of the appropriate governmental institution.

 

Article 24 – Service Medal

1. An incentive in the form of a Service Medal shall be awarded on the basis of an order.

2. The template of a Service Medal shall be approved by the head of the appropriate governmental institution.

Note:

A Service Medal shall be awarded according to the procedure established by the Regulations; in other cases determined by the legislation, according to the procedure established by a normative act of the head of the appropriate governmental institution.

 

Article 25 – Early promotion to a higher rank

An incentive in the form of an early promotion to a higher rank shall be applied to servicemembers for the good conduct specified by the Regulations.

 

Article 26 – Award of a weapon

1. Service firearms (except for automatic firearms) and melee weapons (rapier, sword, etc.) may be granted as an award.

2. Weapons shall be awarded to those servicemembers who can be awarded with service weapons as provided for by law.

3. Weapons shall be awarded by the head of the appropriate governmental institution and the award shall be documented in the form of an order.

4. Weapons shall be awarded according to the procedure established by the legislation.

 

Article 27 – State decorations, such as orders and medals

1. State decorations, such as orders and medals established by the legislation shall be awarded to the servicemembers who demonstrated heroism and courage in the fight for the defence and unity of the country and/or who have special personal contribution to the nation-building.

2. State decorations, such as orders and medals shall be awarded according to the procedure established by the legislation.

 

Chapter V

Rule of Application of Incentives

 

Article 28 – General rule of application of incentives

Incentives shall be applied for good conduct as provided for by the Regulations.

 

Article 29 – Incentives for multiple good conducts

In the case of two or more good conducts servicemembers shall be rewarded separately for each good conduct.

 

Article 30 – Inevitability of incentives

A servicemember shall, for the good conduct determined by the Regulations, be awarded with an appropriate type of incentive in full compliance with the Regulations, otherwise the authorised person shall be subject to disciplinary liability by a disciplinary measure as provided for by the Regulations.

 

Chapter VI

Disciplinary Offences

 

Article 31 – Concept of a disciplinary offence

Disciplinary offence shall mean any unlawful act committed against public order and/or in breach of military service regulations, against property, the rights and duties of servicemembers and citizens and against the rules established by public administration [bodies]and for which the Code of Administrative Offences of Georgia and the Criminal Code of Georgia do not stipulated the appropriate liability.

 

Article 32 – Extreme necessity

Disciplinary offence shall not include an act committed by a servicemember in a state of extreme necessity in order to prevent the danger to the state, public or military order, property, the rights and freedoms of servicemembers or citizens and the rules established by public administration [bodies], and if the danger cannot be avoided by other means and the damage caused is less serious than the avoided damage.

 

Article 33 – Necessary defence

1. Disciplinary offences shall not include an act committed by a servicemember in a state of necessary defence by inflicting harm on the wrongdoer in order to avoid an unlawful violation of state, public or military order, property, the rights and freedoms of servicemembers or citizens and the rules established ruby public administration [bodies], provided the limits of necessary defence are not exceeded.

2. Exceeding of the limits of necessary defence means actions taken by the defender that obviously do not correspond to the nature of and the danger posed by the unlawful act.

 

Article 34 – Mental disturbance

Disciplinary liability shall not be applied to a servicemember who was in a state of temporary mental disturbance when committing a disciplinary offence, which means that he/she could not appreciate [the consequences of] his/her unlawful actions.

 

Chapter VII

Disciplinary Measures

 

Article 35 – Purpose of disciplinary liability

1. The purpose of disciplinary liability is to ensure the observance of military discipline, to restore justice, to avoid another offence and ensure re-socialisation of servicemembers who committed a disciplinary offence.

2. The purpose of disciplinary liability is not to humiliate personal dignity of a servicemember.

 

Article 36 – Disciplinary measures

The following disciplinary measures may be applied to servicemembers who violate discipline:

a) admonition;

b) reprimand;

c) severe reprimand;

d) assignment of up to three extra duties;

e) deprivation of the right to the regular leave;

f) warning about inadequate suitability for duty;

g) administrative arrest;

h) salary deduction;

i) reduction in military rank by one grade;

j) discharge from service;

k) deduction of credit points;

l) dismissal from an educational institution.

 

Article 37 – Admonition

1. A disciplinary measure in the form of an admonition shall be imposed, on the basis of an order, on the servicemembers who commit less serious disciplinary offences. The term of application of this disciplinary measure is six months from the entry into force of the appropriate order.

2. The disciplinary measure specified in this article shall be considered to be removed after the expiration of six months, unless the servicemember commits the same or another disciplinary offence during this term.

 

Article 38 – Reprimand

1. A disciplinary measure in the form of a reprimand shall be imposed on the basis of an order. The term of application of this disciplinary measure is six months from the entry into force of the appropriate order.

2. The disciplinary measure specified in this article shall be considered to be removed after the expiration of six months, unless the servicemember commits the same or another disciplinary offence during this term.

 

Article 39 – Severe Reprimand

1. A disciplinary measure in the form of a severe reprimand shall be imposed on the basis of an order. The term of application of this disciplinary measure is one year from the entry into force of the appropriate order.

2. The disciplinary measure specified in this article shall be considered to be removed after the expiration of one year, unless the servicemember commits the same or another disciplinary offence during this term.

 

Article 40 – Assignment of up to three extra duties

1. A disciplinary measure in the form of assigning up to three extra duties shall be imposed on the basis of an order only on the servicemembers doing compulsory military service. The term of application of this disciplinary measure is six months from the entry into force of the appropriate order and shall be considered to be removed after the expiration of six months, unless the servicemember commits the same or another disciplinary offence during this term.

2. In applying the disciplinary measure specified in this article, the duty must be performed within 10 days, and the duty applied as a form of a disciplinary measure shall not include the appointment of the servicemember in the guard or on a combat duty.

 

Article 41 – Deprivation of the right to the regular leave

1. A disciplinary measure in the form of deprivation of the right to the regular leave, shall be imposed on the basis of an order on the servicemembers doing compulsory military service and the trainees/junkers of military schools, and may include deprivation of the right to more than one regular leaves. The term of application of this disciplinary measure is six months from the entry into force of the appropriate order.

2. The disciplinary measure specified in this article shall be considered to be removed after the expiration of six months, unless the servicemember commits the same or another disciplinary offence during this term.

 

Article 42 – Warning about inadequate suitability for duty

1. Disciplinary measure in a form of a warning about inadequate suitability for duty shall be imposed on the basis of an order.

2. The term of application of the disciplinary measure defined by this article is one year from the entry into force of the appropriate order. This disciplinary measure shall be considered to be removed after the expiration of one year, unless the servicemember commits the same or another disciplinary offence during this term.

 

Article 43 – Administrative arrest

1. Administrative arrest (placement in a guardhouse), for up to 30 days, shall be imposed on servicemembers in compulsory military service or in contracted (professional) service for individual violations of the rules of military service determined by the Administrative Offences Code of Georgia. The term of application of this disciplinary measure is one year from the entry into force of the decision on the disciplinary measure.

2. The period of administrative arrest shall not be included in the period of military service of the persons specified in paragraph 1 of this article, and thus, remuneration shall not be paid for that period.

Note: Administrative arrest (placement in a guardhouse) determined by this article shall not apply to the servicemembers of the units of the Armed Forces of Georgia that participate in peacekeeping missions abroad, for violation of the rules of military service determined by the Regulations (with respect to an administrative arrest). In this case, instead of an administrative arrest (placement in a guardhouse), the disciplinary measure shall be imposed in a form of a one-month salary deduction by 20%.

 

Article 44 – Salary deduction

1. A disciplinary measure in the form of a salary deduction shall be imposed on contracted (professional) and regular servicemembers.

2. In the case of simultaneous a disciplinary measure in the form of a salary deduction for various disciplinary offences, or in the case of circumstances giving raise to the repeated salary deduction during the term of application of the initial salary deduction, the amount of money to be deducted from the salary for each disciplinary offence shall be summed up and must not exceed 30% of the salary.

3. Salary deductions shall be imposed on the basis of an order, and the term of application of this disciplinary measure is one year from the entry into force of the order.

Note: In the case specified in paragraph 2 of this article, if the amount to be deducted from the salary exceeds 30% of the salary, the amount must be distributed through the following months.

 

Article 45 – Reduction in military rank by one grade

1. Reduction in military rank by one grade shall be imposed on the basis of an order.

2. This disciplinary measure shall be applied for the term of six months.

3. The disciplinary measure determined by this article shall be considered to be removed after the expiration of six months, unless the servicemember commits the same or another disciplinary offence during this term.

 

Article 46 – Discharge from service

A disciplinary measure in the form of a discharge from service shall be imposed in special cases and only on contracted (professional) and regular servicemembers.

 

Article 47 – Reduction of credit points

A disciplinary measure in a form of reduction of credit points shall be imposed on junkers/trainees of a military school.

 

Article 48 – Expulsion from an educational institution

A disciplinary measure in the form of expulsion from an educational institution shall be imposed in special cases and only on junkers/trainees of a military school.

Note: Special cases shall also include disciplinary offences for which the reduction of credit points is imposed as a disciplinary measure. If as a result of the a disciplinary measure 100 credit points granted to junkers/trainees of a military school are used up, junkers/trainees of a military school shall be subject only to the disciplinary measure determined by Article 48 of the Regulations.

 

Chapter VIII

Disciplinary Measures

 

Article 49 – General rule for imposing disciplinary measures for disciplinary offences

1. Disciplinary measures shall be imposed for disciplinary offences on the basis of the Regulations and other normative acts.

2. Disciplinary measures shall be imposed on the basis of a written order or resolution. Disciplinary measures may not be announced to commanders (superior officers) in the presence of their subordinates.

 

Article 50 – Circumstances mitigating liability for disciplinary offences

The following circumstances shall be considered as mitigating liability for disciplinary offences:

a) repentance of a disciplinary offence;

b) prevention of the adverse consequences of a disciplinary offence, voluntary compensation of damages or remediation of the harm by the person who committed the disciplinary offence;

c) voluntary refusal to commit a disciplinary offence;

d) commission of a disciplinary offence in a state of strong emotional anxiety;

e) other circumstances that may be deemed in certain situations as mitigating liability for disciplinary offences.

 

Article 51 – Circumstances aggravating liability for disciplinary offences

The following circumstances shall be considered as aggravating liability for disciplinary offences:

a) continuation of the conduct resulting in a disciplinary offence, despite the demand of a duly authorised person to stop such conduct;

b) commission of a disciplinary offence during the term of application of a disciplinary measure;

c) involvement of subordinates into an offence;

d) commission of a disciplinary offence by a group of persons;

e) commission of a disciplinary offence under other special circumstances.

f) commission of a disciplinary offence in a state of intoxication.

 

Article 52 – Disciplinary measures for multiple disciplinary offences

In the case of commission of two or more disciplinary offences, disciplinary measures shall be imposed on a servicemember individually, for each disciplinary offence.

 

Article 53 – Calculation of the term of a disciplinary measure

In imposing a disciplinary measure, the term of the disciplinary measure shall be calculated in years, months or days.

 

Article 54 – Time limits for imposing a disciplinary measure

Disciplinary measures must be imposed not later than two months after the day the disciplinary offence became known to an authorised body (official).

 

Article 55 – Performance of the duties the non-fulfilment of which gave rise to a disciplinary measure

A disciplinary measure shall not exempt a person who committed a disciplinary offence from the performance of the duties for the non-fulfilment of which the disciplinary measure was imposed on the person.

 

Article 56 – Procedure for the application of incentives and disciplinary measures determined by the Regulations

1. Incentives shall be applied immediately.

2. Disciplinary measures shall be applied immediately, or, in special cases, not later than one month after its imposition. A person through whose fault the disciplinary measure was not executed shall be held liable as provided for by the Regulations.

 

Chapter IX

Good Conduct of Servicemembers in Compulsory Military Service

 

Article 57 – Graduation from an educational institution/training course with honours

For graduating from an educational institution/training course with honours, the name of the servicemember in compulsory military service shall be recorded, in the form of incentive, in the book of honour of the sub-unit/military unit/ship/educational institution.

 

Article 58 – High-quality performance of duties

1. High quality performance of official duties, that is systematic high-quality performance of the imposed duties by servicemembers doing compulsory military service shall be rewarded with commendations.

2. The same action performed under special circumstances shall be rewarded with a Certificate of Merit or a letter of appreciation sent to the family of the servicemember.

 

Article 59 – Excellent theoretical knowledge of army regulations, military arts and rights and duties of servicemembers and their application in practice

Excellent theoretical knowledge of army regulations, military arts and rights and duties of servicemembers and their application in practice shall be rewarded with commendations or an Expert Combatant Badge.

 

Article 60 – Comprehensive knowledge of firearms

1. Comprehensive knowledge of firearms, that is comprehensive theoretical and practical knowledge of the rules for maintaining, keeping and using service firearms by servicemembers doing compulsory military service, shall be rewarded with commendations or a Certificate of Merit.

2. The same action performed under special circumstances shall be rewarded with an Expert Qualification Badge.

 

Article 61 – Comprehensive knowledge of military equipment

1. Comprehensive knowledge of military equipment, that is comprehensive theoretical and practical knowledge of the rules for maintaining, keeping and using the military equipment assigned to a servicemember by virtue of his/her position in compulsory military service, shall be rewarded with commendations or a Certificate of Merit.

2. The same action performed under special circumstances shall be rewarded with an Expert Qualification Badge.

 

Article 62 – Comprehensive knowledge of any other military specialty

Comprehensive knowledge of any other military specialty shall be rewarded with a Certificate of Merit.

 

Article 63 – Successful performance of training standards for shooting from firearms or military equipment

Successful performance of training standards for shooting from firearms or military equipment, that is excellent performance by a servicemember doing compulsory military service of the training standards of shooting established for the relevant sub-unit , shall be rewarded with an Expert Combatant Badge or a short-term leave from a military unit's deployment site.

 

Article 64 – Successful performance of physical training standards

Successful performance of physical training standards, that is excellent performance by a servicemember doing compulsory military service of physical training standards established for the relevant sub-unit, shall be rewarded with a Certificate of Merit.

 

Article 65 – Successful participation in sports and/or cultural events

Successful participation of servicemembers doing compulsory military service in sports and/or cultural events shall be rewarded with the placement of a photo of the servicemember on the board of honour of the sub-unit/military unit/ship/educational institution or with a Certificate of Merit.

 

Article 66 – Successful execution of assignments during military trainings

Successful execution of assignments during military trainings shall be rewarded with a Certificate of Merit.

 

Article 67 – Assistance to rescue service personnel

1. Assistance rendered to rescue service personnel by a servicemember who is on a leave of absence, is discharged or absent from service on any other legal grounds, shall be rewarded with commendations or a Certificate of Merit.

2. The same action that resulted in the saving of a human life shall be rewarded with a service medal.

 

Article 68 – Assistance to law enforcement agencies in preventing a crime

1. Assistance to law enforcement agencies in preventing a crime shall be rewarded with commendations or a Certificate of Merit.

2. The same action performed under special circumstances shall be rewarded with a letter of appreciation sent to the family of the servicemember or the placement of a photo of the servicemember on the board of honour of the sub-unit/military unit/ship/educational institution.

 

Article 69 – Donation of blood and of its components

1. Donation of blood and of its components free of charge by a servicemember doing compulsory military service shall be rewarded with commendations.

2. The same action, as a result of which a human life is saved, shall be rewarded with a Certificate of Merit or a short-term leave from a military unit's deployment site.

 

Article 70 – Assistance to fellow soldiers

1. Assistance to fellow soldiers in military issues shall be rewarded with commendations or a Certificate of Merit.

2. The same action performed under special circumstances shall be rewarded with a letter of appreciation sent to the family of the servicemember.

 

Article 71 – Compliance with International Humanitarian Law during hostilities

Full compliance with International Humanitarian Law during hostilities shall be rewarded with commendations or a personal photo taken with the unfolded flag of the military unit.

 

Article 72 – Removal of the wounded from the battlefield

Removal of the wounded from the battlefield shall be rewarded with a service medal.

 

Article 73 – Demonstration of high level of individual military training in combat

Demonstration of high level of individual military training during combat shall be rewarded with an Expert Combatant Badge.

Note: This Chapter shall also apply to citizens called up for military training assemblies, except for the reward in a form of a short-term leave from a military unit's deployment site.

 

Chapter X

Trainees/Junkers of Military Schools

 

Article 74 – Successful performance of physical training standards

Successful performance of physical training standards, that is excellent performance of the physical training standards by the trainees/junkers of a military school shall be rewarded with commendations or a Certificate of Merit.

 

Article 75 – Successful participation in sports and/or cultural events

Successful participation of the trainees/junkers of s military school in sports and/or cultural events shall be rewarded with commendations or a valuable gift.

 

Article 76 – Achievement of the best results in the educational process or systematic quality performance of duties

Achievement of the best results in the educational process, that is achieving the best results in educational process, or systematic quality performance of duties by the trainees/junkers of a military school shall be rewarded with commendations, a short-term leave from a military unit's deployment site, or a valuable gift.

 

Article 77 – Assistance to rescue service personnel

1. Assistance to rescue service personnel by a trainee/junker of a military school who is on a leave of absence, is discharged or absent from service on any other legal grounds, shall be rewarded with commendations or a Certificate of Merit.

2. The same act, as a result of which a human life is saved, shall be rewarded with a service medal.

 

Article 78 – Assistance to law enforcement agencies in preventing a crime

1. Assistance provided by the trainees/junkers of a military school to law enforcement agencies in preventing a crime shall be rewarded with commendations or a Certificate of Merit.

2. The same action performed under special circumstances shall be rewarded with the placement of a photo of the servicemember on the board of honour of the sub-unit/military unit/ship/educational institution, or with a letter of appreciation sent to the family of the servicemember.

 

Article 79 – Donation of blood and of its components

1. Donation of blood and of its components free of charge by the trainees/junkers of a military school shall be rewarded with commendations.

2. The same action as a result of which a human life is saved shall be rewarded with a Certificate of Merit or placement of a photo of the servicemember on the board of honour of the sub-unit/military unit/ship/educational institution.

 

Chapter XI

Good Conduct of Contracted (Professional) Service Personnel

 

Article 80 – High-quality performance of duties

1. High-quality performance of duties, that is systematic high-quality performance of duties by contracted (professional) servicemembers shall be rewarded with commendations.

2. The same action performed under special circumstances shall be rewarded with a Certificate of Merit.

 

Article 81 – Graduation from an educational institution/training course with honours

Graduation from an educational institution/training course with honours shall be rewarded with commendations or with the record of the name of the servicemember in the book of honour of the sub-unit/military unit/ship/educational institution.

 

Article 82 – Comprehensive theoretical and practical knowledge of army regulations, military arts and rights and duties of servicemembers

Complete theoretical and practical knowledge of army regulations, military arts and rights and duties of servicemembers shall be rewarded with commendations or a letter of appreciation sent to the family of the servicemember.

 

Article 83 – Comprehensive knowledge of firearms

Comprehensive knowledge of firearms, that is comprehensive theoretical and practical knowledge of the rules for maintaining, keeping and using service firearms by contracted (professional) servicemembers shall be rewarded with commendations or a Certificate of Merit.

 

Article 84 – Comprehensive knowledge of new military weapons and equipment

Comprehensive knowledge of new military weapons and equipment, that is comprehensive theoretical and practical knowledge of the rules for maintaining, keeping and using military weapons and equipment newly introduced in the military ammunition, shall be rewarded with a Certificate of Merit or a short-term leave from a military unit's deployment site.

 

Article 85 – Comprehensive knowledge of military equipment

1. Comprehensive knowledge of military equipment, that is comprehensive theoretical and practical knowledge of the rules for maintaining, keeping and using the military equipment assigned to a contracted (professional) servicemembers by virtue of their position, shall be rewarded with a personal photo taken with the unfolded flag of the military unit or a short-term leave from the military unit's deployment site.

2. The same action performed under special circumstances shall be rewarded with an Expert Qualification Badge.

 

Article 86 – Comprehensive knowledge of any other military specialty

Comprehensive knowledge of any other military specialty shall be rewarded with a Certificate of Merit.

 

Article 87 – Systematic successful performance of the training standards of shooting from firearms or military equipment

Successful performance of the training standards of shooting from firearms or military equipment, that is excellent performance by a contracted (professional) servicemember of the standards of shooting established for the relevant sub-unit, shall be rewarded with an Expert Combatant Badge or a short-term leave from a military unit's deployment site.

 

Article 88 – Successful performance of physical training standards

Successful performance of physical training standards, that is excellent performance by a contracted (professional) servicemember of the physical training standards established for the relevant sub-unit and age, shall be rewarded with a Certificate of Merit or a valuable gift.

 

Article 89 – Successful participation in sports and/or cultural events

Successful participation of contracted (professional) servicemembers in sports and/or cultural events shall be rewarded with a Certificate of Merit or a valuable gift.

 

Article 90 – Successful execution of assignments during military trainings

Successful execution of assignments during military trainings shall be rewarded with an Expert Qualification Badge.

 

Article 91 – Acquisition of an academic degree in a military specialty

Acquisition of a doctor's academic degree in a military specialty shall be rewarded with a monetary reward.

 

Article 92 – Development of the existing traditions and introduction of new traditions in a military unit (sub-unit)

Development of the existing tradition and introduction of new traditions in a military unit (sub-unit), that is the development by a contracted (professional) servicemember of lawful and moral military traditions and respect for the personnel in the military unit (sub-unit), and introduction of new lawful and moral traditions, shall be rewarded with a melee weapon.

 

Article 93 – Development of high combat capabilities in a military sub-unit

The Commander (superior officer), whose sub-unit is rewarded under Articles 66 or 90 of the Regulations and the commander (superior officer) himself/herself is rewarded under Article 90 of the Regulations, shall be rewarded with a Medal for Battle Merit.

 

Article 94 – Assistance to rescue service personnel

1. Assistance to rescue service personnel by a servicemember who in on a leave of absence, is discharged or absent from service on any other legal grounds, shall be rewarded with commendations or a valuable gift.

2. The same action, as a result of which a human life is saved, shall be rewarded with a Certificate of Merit or a melee weapon.

 

Article 95 – Donation of blood and of its components

1. Donation of blood and of its components free of charge by a contracted (professional) servicemember shall be rewarded with commendations or a Certificate of Merit.

2. The same action, as a result of which a human life is saved, shall be rewarded with a monetary reward.

 

Article 96 – Assistance to law enforcement agencies in preventing a crime

1. Assistance to law enforcement agencies in preventing a crime shall be rewarded with commendations or a short-term leave from the military unit's deployment site.

2. The same action performed under special circumstances shall be rewarded with a letter of appreciation sent to the family of the servicemember, or the placement of a photo of the servicemember on the board of honour of the sub-unit/military unit/ship/educational institution.

 

Article 97 – Assistance to fellow soldiers

1. Assistance to fellow soldiers in military issues shall be rewarded with commendations or a Certificate of Merit.

2. The same action performed under special circumstances shall be rewarded with a valuable gift.

 

Article 98 – Compliance with International Humanitarian Law during hostilities

Full compliance with International Humanitarian Law during hostilities shall be rewarded with commendations.

 

Article 99 – Removal of the wounded from the battlefield

Removal of the wounded from the battlefield shall be rewarded with a Medal for Gallantry.

 

Article 100 – Successful execution of assignments given by military authorities

Successful execution of combat assignments given by military authorities shall be rewarded with Vakhtang Gorgasali Order of the II degree.

 

Article 101 – Demonstration of high level of individual combat training in combat

Demonstration of high level of individual combat training in combat shall be rewarded with a Medal for Battle Merit.

 

Article 102 – Special merit

A servicemember who is rewarded under Articles 100 and 101 of the Regulations during his/her military service, may, as an incentive, be promoted to a higher rank ahead of time, upon the decision of the head of the appropriate agency.

 

Chapter XII

Good Conduct of Regular Service Personnel

 

Article 103 – Graduation from an educational institution/training course with honours

Graduation from an educational institution/training course with honours shall be rewarded with a Certificate of Merit, or the record of the name of the servicemember in the book of honour of the sub-unit/military unit/ship /educational institution.

 

Article 104 – High-quality performance of duties

1. High-quality performance of duties, that is systematic quality performance of functional duties by regular servicemembers , shall be rewarded with commendations.

2. The same action performed under special circumstances shall be rewarded with a Certificate of Merit.

 

Article 105 – Successful participation in sports and/or cultural events

Successful participation of regular servicemembers in sports and/or cultural events shall be rewarded with a Certificate of Merit or a monetary reward.

 

Article 106 – Acquisition of an academic degree in a military specialty

Acquisition of an academic degree in a military specialty shall be awarded with a monetary reward.

 

Article 107 – Development of the existing traditions and introduction of new traditions in a military unit (sub-unit)

Development of the existing tradition and introduction of new traditions in a military unit (sub-unit), that is developing lawful and moral military traditions and respect for the personnel in the military unit (sub-unit) by a regular servicemember, and introduction of new lawful and moral traditions, shall be rewarded with a service medal.

 

Article 108 – Successful execution of assignments during military trainings

Successful execution of assignments during military trainings shall be rewarded with an Expert Qualification Badge or a monetary reward.

 

Article 109 – Comprehensive knowledge of any other military specialty

Comprehensive knowledge of any other military specialty shall be rewarded with a Certificate of Merit.

 

Article 110 – Assistance to fellow soldiers

1. Assistance to fellow soldiers in military issues shall be rewarded with commendations.

2. The same action performed under special circumstances shall be rewarded with a monetary reward.

 

Article 111 – Assistance to rescue service personnel

1. Assistance to rescue service personnel by a servicemember who is on a leave of absence, is discharged or absent from service on any other legal grounds, shall be rewarded with a Certificate of Merit.

2. The same action, as a result of which a human life is saved, shall be rewarded with a melee weapon.

 

Article 112 – Donation of blood and of its components

1. Donation of blood and of its components free of charge by a regular servicemember shall be rewarded with commendations or a Certificate of Merit.

2. The same action, as a result of which a human life is saved, shall be rewarded with a monetary reward.

 

Article 113 – Assistance to law enforcement agencies in preventing a crime

1. Assistance to law enforcement agencies in preventing a crime shall be rewarded with commendations or a Certificate of Merit.

2. The same action performed under special circumstances shall be rewarded with a letter of appreciation sent to the family of the servicemember, or the placement of a photo of the servicemember on the board of honour of the sub-unit/military unit/ship/educational institution.

 

Article 114 – Compliance with International Humanitarian Law during hostilities

Full compliance with International Humanitarian Law during hostilities shall be rewarded with a service medal.

 

Article 115 – Removal of the wounded from the battlefield

Removal of the wounded from the battlefield shall be rewarded with a Medal for Gallantry.

 

Article 116 – Successful execution of assignments given by military authorities

Successful execution of combat assignments given by military authorities shall be rewarded with Vakhtang Gorgasali Order of the II degree.

 

Article 117 – Demonstration of high level of individual military training in combat

Demonstration of high level of individual military training in combat shall be rewarded with a service firearm.

 

Article 118 – Special merit

A servicemember who is rewarded under Articles 116 and 117 of these Regulations while in military service, may be promoted to a higher rank ahead of time upon the decision of the head of the appropriate agency.

 

Chapter XIII

Disciplinary Offences Committed by Compulsory Military Service Personnel

 

Article 119 – Commission of a disciplinary offence by a guard at the post

1. Commission of a disciplinary offence by a guard at the post, that is an action performed by a servicemember in compulsory military service, which does not contain elements of a criminal offence but violates army regulations, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 120 – Failure to perform functional duties

1. Failure to perform functional duties, that is failure to perform or improper performance of functional duties by servicemembers in compulsory military service, shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 121 – Failure to execute an order or improper execution of an order

1. Failure to execute an order or improper execution of an order, that is failure of a servicemember in compulsory military service to execute an order or failure to properly execute an order given in a prescribed manner, which does not involve elements of a criminal offence, shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 122 – Deception of a commander (superior officer)

1. Deception of a commander (superior officer), that is provision of false information to a commander regarding personal and service related issues by a servicemember in compulsory military service, which causes no significant harm to the interests of military service, shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of an administrative arrest.

Note: The information is considered to be personal if the provision of such information may affect the legal relations related to the military service.

 

Article 123 – Violation of military salute rules

1. Violation of military salute rules, that is failure of a servicemember doing compulsory military service to give a military salute or violation of the rules for giving a military salute, shall result in a disciplinary offence in the form of an admonition or deprivation of the right to the regular leave.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 124 – Failure to give the command 'attention' upon entrance of a commander (superior officer)

1. Failure to give the command 'attention' upon entrance of a commander (superior officer), that is failure of a servicemember in compulsory military service to perform appropriate actions established by the Regulations, shall result in a disciplinary measure in the form of an admonition.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 125 – Violation of or failure to execute drill commands

1. Violation of or failure to execute drill commands shall result in a disciplinary measure in the form of an admonition.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 126 – Late arrival at a military unit

1. Failure of a servicemember in compulsory military service to appear in the military unit for up to two hours after the specified time shall result in a disciplinary measure in the form of a reprimand or deprivation of the right to the regular leave.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 127 – Absence without leave from a military sub-unit

Absence without leave from a military sub-unit, also in the case of appointment to a unit, discharge from or transfer to a military unit, unjustified failure to arrive from a duty travel, leave of absence or a medical facility at the place of service for up to two days and nights, shall result in a disciplinary measure in the form of an administrative arrest.

Note: This article shall not apply to the disciplinary offence determined by Article 126 of the Regulations.

 

Article 128 – Malingering

Malingering, that is deceitful actions taken by a servicemember in compulsory military service in connection with his/her health condition, and/or intentional infliction of self-injury, shall result in a disciplinary measure in a form of an administrative arrest.

 

Article 129 – Drunkenness

Drunkenness, that is a situation where a servicemember in compulsory military service is under the influence of alcohol, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 130 – Evasion of alcohol testing or bringing of alcoholic drinks into the territory of a military unit

Evasion of alcohol testing or bringing of alcoholic drinks into the territory of a military unit by a servicemember in compulsory military service shall result a disciplinary measure in the form of an administrative arrest.

 

Article 131 – Brawl

Brawl, that is participation of a servicemember in compulsory military service in a brawl on the territory of a military unit, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 132 – Loss of or damage to the service property

Loss of or damage to service property, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 133 – Loss of or damage to personal equipment

Loss of or damage to personal equipment, where such action does not contain elements of a criminal offence, shall result in a disciplinary offence in the form of an administrative arrest.

 

Article 134 – Giving or selling military uniform, shoes or other belongings to another person

Giving or selling military uniform, shoes or other belongings to another person, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 135 – Improper maintenance of military equipment

1. Improper maintenance of military equipment, that is violation by a servicemember in compulsory military service of the rules for maintenance, use, etc., of military equipment that may result in the damage, loss or destruction of the military equipment, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly, or resulting in the damage, loss or destruction of the military equipment shall result in a disciplinary measure in the form of administrative arrest.

 

Article 136 – Violation of the rules for wearing military uniform

1. Violation of the rules for wearing military uniform shall result in a disciplinary measure in the form of an admonition.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 137 – Unauthorised wear of military symbols

Unauthorised wear of military symbols, that is unauthorised wear of military uniform, emblems, insignia or collar patches by a servicemember in compulsory military service, shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 138 – Unsuitable grooming for military service

1. Unsuitable grooming for military service, that is wearing of hairstyles unsuitable for military service, being unshaven, or wearing unsuitable beard and moustache by a servicemember in compulsory military service, shall result in a disciplinary measure in the form of an admonition.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 139 – Wear of unsuitable jewellery

Wear of unsuitable jewellery, that is wearing unsuitable jewellery (including piercing) by a servicemember in compulsory military service, shall result in a disciplinary measure in the form of a reprimand.

 

Article 140 – Falsification of documents

Falsification of documents, that is making false entry in any document by a servicemember in compulsory military service, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 141 – Littering of the military unit (sub-unit) territory

Littering of the military unit (sub-unit) territory shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 142 – Being in a state of intoxication

Being in a state of intoxication, that is appearance of a servicemember in compulsory military service in a military uniform in public places in a state of intoxication, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 143 – Gambling

1. Gambling in the military unit (sub-unit) territory shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 144 – Unethical conduct in a military unit, in formation, at servicemembers' meetings, seminars, trainings, conferences and other public places

Unethical conduct in a military unit, in formation, at servicemembers' meetings, seminars, trainings, conferences and in other public places, that is the use of unsuitable phrases, gestures or jargon in speech by servicemembers, shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 145 – Violation of the established safety standards

Violation of the established safety standards, that is violation of the safety standards established at the military unit (sub-unit), also violation of the safety standards related to the use of firearms, military equipment or ammunition by a servicemember in compulsory military service, that could have led to serious consequences, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 146 – Tobacco smoking

Tobacco Smoking, except at places designated for smoking, shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

 

Article 147 – Sexual acts or other actions of sexual nature

Performance of sexual acts or other actions of sexual nature on the military unit (sub-unit) territory shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 148 – Violation of the rules for keeping firearms

Violation of the rules of keeping firearms, that is violation of the rules of keeping or maintaining service firearms by a servicemember doing compulsory military service, which can lead to the damage, loss or destruction of the firearms, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 149 – Improper handling of firearms

Improper handling of firearms, that is improper discharge of firearms by a servicemember in compulsory military service, which has not led to any serious consequences, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 150 – Negligent discharge of firearms

Negligent discharge of firearms that has not led to any serious consequences shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 151 – Failure to meet the established physical training standards

Failure to meet the established physical training standards, that is failure of a servicemember in compulsory military service to meet the physical training standards established for a particular sub-unit, shall result in a disciplinary measure in the form of a reprimand or deprivation of the right to the regular leave.

 

Article 152 – Failure to meet the training standards of shooting from firearms or military equipment

Failure to meet the training standards of shooting from firearms or military equipment, that is failure of a servicemember in compulsory military service to meet the training standards of shooting established for a particular sub-unit, shall result in a disciplinary measure in the form of a reprimand.

 

Article 153 – Unsatisfactory completion of the studies

1. Unsatisfactory completion of the studies shall result in a disciplinary measure in the form of a reprimand or assignment of up to three extra duties.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deprivation of the right to the regular leave.

Note: This Chapter shall also apply to the reservists called up for military training assemblies.

 

Chapter XIV

Disciplinary Offences Committed by Trainees/Junkers of Military Schools

 

Article 154 – Violation of military salute rules

1. Violation of military salute rules, that is failure of a trainee/junker of a military school to render a military salute or violation of the rules for rendering a military salute, shall result in a disciplinary offence in the form of deduction of 5 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 credit points or deprivation of the right to the regular leave.

 

Article 155 – Unsuitable grooming for military service

1. Unsuitable grooming for military service, that is wearing unsuitable hairstyles, being unshaven, or having unsuitable beard and moustache grooming by a trainee/junker of a military school, shall result in a disciplinary measure in the form of deduction of 5 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 credit points or deprivation of the right to the regular leave.

 

Article 156 – Improper maintenance of personal items

1. Improper maintenance of personal items by a trainee/junker of a military school, where such action does not contain elements of a criminal offence determined by the Criminal Code, shall result in a disciplinary measure in the form of deduction of 5 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 credit points or deprivation of the right to the regular leave.

 

Article 157 – Littering of the educational institution's territory

1. Littering of the territory of an educational institution (educational and utility facilities), also making inscriptions or marks on the educational materials, buildings and structures of the educational institution, and on other entrusted property by a trainee/junker of a military school, shall result in a disciplinary measure in the form of deduction of up to 10 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 to 30 credit points, or deprivation of the right to the regular leave and elimination of the damage at the expense of the offender.

 

Article 158 – Tobacco smoking

1. Tobacco smoking by a trainee/junker of a military school, except at places designated for smoking, shall result in a disciplinary measure in the form of deduction of 10 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 20 credit points or deprivation of the right to the regular leave.

 

Article 159 – Violation of the rules for wearing military uniform

1. Violation of the rules for wearing military uniform by a trainee/junker of a military school shall result in a disciplinary measure in the form of deduction of 5 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 credit points or deprivation of the right to the regular leave.

 

Article 160 – Unethical conduct in a military unit, in formation, during sessions, seminars, meetings, trainings, conferences and in other public places

1. Unethical conduct in a military unit, in formation, during sessions, seminars, meetings, trainings, conferences and in other public places, that is the use of unsuitable phrases, gestures or jargon in speech by a trainee/junker of a military school, shall result in a disciplinary measure in the form of deduction of 5 to 10 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 to 30 credit points, or deprivation of the right to the regular leave.

Note: Unethical conduct shall also include the actions determined by the code of ethics of an educational institution.

 

Article 161 – Malingering

1. Malingering, that is fraudulent actions taken by a trainee/junker of a military school in connection with his/her health condition and/or intentional infliction of self-njury, shall result in a disciplinary measure in the form of deduction of 15 credit points or deprivation of the right to the regular leave.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 30 credit points.

 

Article 162 – Failure to execute an order or improper execution of an order

1. Failure to execute an order or improper execution of an order, that is failure of a trainee/junker of a military school to execute or to properly execute the orders given in a prescribed manner, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of deduction of 30 credit points or deprivation of the right to the regular leave.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 50 credit points.

 

Article 163 – Deception of a commander (superior / instructor)

1. Deceptiont of a commander (superior/instructor), that is providing false information to a commander regarding personal and service related issues by a trainee/junker of a military school that caused no significant harm to the interests of military service, shall result in a disciplinary measure in the form of deduction of 30 credit points or deprivation of the right to the regular leave.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 50 credit points.

 

Article 164 – Improper maintenance of military equipment and/or of other entrusted property

1. Improper maintenance of military equipment and/or of other entrusted property, that is violation of the rules for maintenance and use of military equipment and/or other entrusted property, or of other rules, by a trainee/junker of a military school that may lead or have already led to their damage, loss or destruction, shall result in a disciplinary measure in the form of deduction of 10 credit points and/or compensation of the cost of the damaged/lost object.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 20 credit points and/or compensation of the cost of the damaged/lost object.

 

Article 165 – Late arrival at an educational institution/for line-up/assembly

1. Late arrival at an educational institution/for line-up/assembly, that is late arrival of a trainee/junker of a military school during the period of studies without a reasonable excuse, shall result in a disciplinary measure in the form of deduction of 5 to 20 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 20 to 50 credit points, or deprivation of the right to the regular leave.

Note:

1. Under this article, late arrival at an educational institution means arriving from15 minutes to 2 hours late than the specified time;

2. Under this article, late arrival at a lecture /line-up/ assembly means arriving up to 15 minutes late than the specified time.

 

Article 166 – Absence from an educational institution

1. Absence from an educational institution, that is unjustified absence of a trainee/junker of a military school from an educational institution for the period of one academic/working day, shall result in a disciplinary measure in the form of deduction of up to 30 credit points or deprivation of the right to the regular leave.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 50 credit points.

 

Article 167 – Absence without leave from an educational institution (duty)

Absence without leave from an educational institution (duty), also in the case of appointment of a servicemember at a sub-unit/military unit, the failure to return to the educational institution after a duty travel, leave of absence or from a medical treatment facility for up to two days without a reasonable excuse, shall result in a disciplinary measure in the form of dismissal from the educational institution.

Note: This article shall not apply to the disciplinary offences determined by Articles 165 and 166 of the Regulations.

 

Article 168 – Negligent discharge of firearms

1. Negligent discharge of firearms by a trainee/junker of a military school that has not led to any serious consequences shall result in a disciplinary measure in the form of deduction of 30 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 50 credit points or dismissal from the educational institution.

 

Article 169 – Gambling

1. Gambling on the territory of an educational institution (duty) shall result in a disciplinary measure in the form of deduction of 20 credit points or deprivation of the right to the regular leave.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 40 credit points.

 

Article 170 – Drunkenness

Drunkenness, that is being under the influence of alcohol by a trainee/junker of a military school, shall result in a disciplinary measure in the form of deduction of 50 credit points or dismissal from the educational institution.

 

Article 171 – Being in a state of intoxication

Being in a state of intoxication, that is appearance of a trainee/junker of a military school in a state of intoxication in a military uniform in public places, shall result in a disciplinary measure in the form of dismissal from the educational institution.

 

Article 172 – Brawl

Brawl, that is participation of a trainee /junker of a military school in a brawl (scuffle between opposing groups of trainees/junkers of military school) on the territory of an educational institution (duty), where such action does not contain elements of a criminal offence determined by the Criminal Code of Georgia, shall result in a disciplinary measure in the form of deduction of 50 credit points or dismissal from the educational institution.

 

Article 173 – Sexual acts or other actions of sexual nature

Performance of sexual acts or other actions of sexual nature on the territory of an educational institution (duty) shall result in a disciplinary measure in the form of dismissal from the educational institution.

 

Article 174 – Evasion of alcohol testing or bringing of alcoholic drinks into the educational institution's territory

Evasion of alcohol testing or bringing of alcoholic drinks into the territory of a military unit by a trainee/junker of a military school shall result in a disciplinary measure in the form of deduction of 40 credit points or deprivation of the right to three regular leaves.

 

Article 175 – Violation of or failure to execute drill commands

1. Violation of or failure to execute drill commands shall result in a disciplinary measure in the form of deduction of 5 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 credit points or deprivation of the right to the regular leave.

 

Article 176 – Unauthorised wear of military symbols

1. Unauthorised wear of military symbols, that is unauthorised wear of a military uniform, emblems, insignia or collar patches by a trainee/junker of a military school shall result in a disciplinary measure in the form of deduction of 5 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 credit points.

 

Article 177 – Wearing of jewellery

1. Wearing of jewellery, that is wearing unsuitable jewellery (including piercing) by a trainee/junker of a military school, shall result in a disciplinary measure in the form of deduction of 10 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 20 credit points.

Article 178 – Falsification of documents

1. Falsification of documents, that is making of a false entry in a relevant available document by a trainee/junker of a military school, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of deduction of 15 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 30 credit points.

 

Article 179 – Violation of the rules for keeping firearms

1. Violation of the rules for keeping firearms, that is violation of the rules for keeping or maintaining service firearms by a trainee/junker of a military school that can lead to the damage, loss or destruction of the firearms, shall result in a disciplinary measure in the form of deduction of 10 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 20 credit points.

 

Article 180 – Violation of the established safety standards

1. Violation of the established safety standards, that is violation by a trainee/junker of a military school of the safety standards established in the territory of the educational institution, also, violation of the safety standards related to the use of firearms or military equipment that could have led to grave consequences, shall result in a disciplinary measure in the form of deduction of 30 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 50 credit points or deprivation of the right to the regular leave.

 

Article 181 – Failure to perform functional duties

1. Failure to perform functional duties, that is failure to perform or improper performance of functional duties by a trainee/junker of a military school, shall result in a disciplinary measure in the form of deduction of 5 credit points.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of deduction of 10 credit points or deprivation of the right to the regular leave.

 

Chapter XV

Disciplinary Offences Committed by Contracted (Professional) Military Service Personnel

 

Article 182 – Commission of a disciplinary offence by a guard at the post

1. Commission of a disciplinary offence by a guard at the post, that is an action that does not contain elements of a criminal offence but violates military regulations, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 183 – Failure to perform functional duties

1. Failure to perform functional duties, that is failure to perform or improper performance of functional duties by contracted (professional) servicemembers, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in a form of a severe reprimand, or a deduction of the salary by 10% for one-month or reduction in military rank by one grade.

 

Article 184 – Failure to execute an order or improper execution of an order

1. Failure to execute an order or improper execution of an order, that is failure of contracted (professional) servicemembers to execute an order or improper execution of the orders given in a prescribed manner, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month .

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 20% for one month, or an administrative arrest or reduction in military rank by one grade.

 

Article 185 – Deception of a commander (superior officer)

1. Deception of a commander (superior officer), that is providing false information to a commander regarding personal and service related issues by a contracted (professional) servicemember, which causes no significant harm to the interests of military service, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month .

2. The same action committed repeatedly shall result in a disciplinary measure in the form of an administrative arrest or reduction in military rank by one grade or a deduction of the salary by 10% for one month.

Note: The information is considered to be personal if the provision of such information may affect the legal relations related to the military service.

 

Article 186 – Violation of military salute rules

1. Violation of military salute rules, that is failure of a contracted (professional) servicemember to render a military salute or violation of the rules for rendering a military salute, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand.

 

Article 187 – Failure to give the command 'attention' upon entrance of a commander (superior officer)

Failure to give the command 'attention' at the entrance of a commander (superior officer), that is failure of a contracted (professional) servicemember to perform an appropriate action established by the Regulations, shall result in a disciplinary measure in the form of a reprimand.

 

Article 188 – Violation of or failure to execute drill commands

Violation of or failure to execute drill commands shall result in a disciplinary measure in the form of a reprimand.

 

Article 189 – Malingering

Malingering, that is fraudulent actions taken by a contracted (professional) servicemember in connection with his/her health condition and/or intentional infliction of self-injury, shall result in a disciplinary measure in the form of an administrative arrest or reduction in military rank by one grade.

 

Article 190 – Drunkenness

1. Drunkenness, that is being under the influence of alcohol by a contracted (professional) servicemember, shall result in a disciplinary measure in the form of a severe reprimand, a deduction of the salary by 30% for one month or an administrative arrest.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service or reduction in military rank by one grade.

Note: The disciplinary measure determined by this article shall not apply to the contracted (professional) servicemembers who during the period of leave, in the case of alert, arrive at work under the influence of alcohol.

 

Article 191 – Evasion of alcohol testing or bringing of alcoholic drinks into the territory of a military unit

Evasion of alcohol testing or bringing of alcoholic drinks into the territory of a military unit by a contracted (professional) servicemember shall result in a disciplinary measure in the form of a deduction of the salary by 30% for one month or an administrative arrest or reduction in military rank by one grade.

 

Article 192 – Brawl

1. A brawl, that is participation of a contracted (professional) servicemember in any brawl in the territory of a military unit, shall result in a disciplinary measure in the form of an administrative arrest.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

 

Article 193 – Loss of or damage to the service property

Loss of or damage to service property, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

 

Article 194 – Loss of or damage to personal equipment

Loss of or damage to personal equipment where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

 

Article 195 – Giving or selling military uniform, shoes or other belongings to civilians

Giving or selling military uniform, shoes of other belongings to civilians, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of an administrative arrest.

 

Article 196 – Improper maintenance of personal items

1. Improper maintenance of personal items, that is the violation of the rules for maintenance and use of personal items, or of other rules, by a contracted (professional) servicemember, which may lead to their damage, loss or destruction, shall result in a disciplinary measure in the form of an admonition.

2. The same action that has led to the damage, loss or destruction of personal items shall result in a disciplinary measure in the form of a reprimand.

 

Article 197 – Improper maintenance of military equipment

1. Improper maintenance of military equipment, that is violation of the rules for maintenance and use of military equipment, or of other rules, by a contracted (professional) servicemember, which may lead to damage, loss or destruction of the military equipment, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

3. The same action that has led to the damage, loss or destruction of military equipment and that does not contain elements of a criminal offence shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 198 – Improper maintenance of service vehicles and of communication, optical and other special equipment

1. Violation of the rules for maintenance and use of service vehicles and of communication, optical and other special equipment, or of other rules, by a contracted (professional) servicemember, which may lead to their damage, loss or destruction, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

3. Loss, damage or destruction of service vehicles and of communication, optical and other special equipment by a contracted (professional) servicemember, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form a deduction of the salary by 20% for one month.

 

Article 199 – Violation of the rules for wearing military uniform

1. Violation of the rule for wearing military uniform shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 5% for one month.

 

Article 200 – Unauthorised wear of military symbols

1. Unauthorised wear of military symbols, that is unauthorised wear of military uniform, emblems, insignia or collar patches by a contracted (professional) servicemember, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one-month.

 

Article 201 – Unsuitable grooming for military service

1. Unsuitable grooming for military service, that is wearing of unsuitable hairstyles, being unshaven, or wearing of an unsuitable beard and moustache by a contracted (professional) servicemember, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 5% for one month.

 

Article 202 – Wearing of jewellery

1. Wearing of jewellery, that is wearing unsuitable jewellery (including piercing) by a contracted (professional) servicemember, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 5% for one month.

 

Article 203 – Falsification of documents

Falsification of documents, that is making false entry in the relevant available documents by a contracted (professional) servicemember, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of an administrative arrest, reduction in military rank by one grade or discharge from service.

 

Article 204 – Littering of the military unit (sub-unit) territory

1. Littering of the military unit's (sub-unit's) territory shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

 

Article 205 – Unethical conduct in a military unit, in formation, at servicemembers' meetings, seminars, trainings, conferences and other public places

1. Unethical conduct in a military unit, formation, at the meetings, seminars, trainings, conferences of servicemembers and in other public places, that is the use of unsuitable phrases, gestures or jargon in speech by servicemembers, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

 

Article 206 – Violation of the rules for keeping firearms

1. Violation of the rules for keeping firearms, that is violation of the rules for keeping or maintaining service firearms by a contracted (professional) servicemember, which can lead to the damage, loss or destruction of the firearms, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 207 – Improper handling of firearms

1. Improper handling of firearms, that is improper discharge of firearms by a contracted (professional) servicemember that has not led to any serious consequences, shall result in a disciplinary measure in the form of an administrative arrest.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

 

Article 208 – Negligent discharge of firearms

1. Negligent discharge of firearms that has not lead to any serious consequences shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month or administrative arrest.

 

Article 209 – Being in a state of intoxication

1. Being in a state of intoxication, that is appearance in a state of intoxication or consumption of alcohol by a contracted (professional) servicemember in a military uniform in public places, shall result in a disciplinary measure in the form of a deduction of the salary by 30% for one month or an administrative arrest.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of reduction in military rank by one grade or discharge from service.

 

Article 210 – Gambling

1. Gambling in the territory of a military unit (sub-unit) shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 211 – Violation of the established safety standards

1. Violation of the established safety standards, that is violation of the safety standards established across the territory of the military unit (sub-unit), also violation of the safety standards related to the use of firearms or military equipment by a contracted (professional) servicemember, which could have led to serious consequences, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty.

 

Article 212 – Giving unlawful orders

1. Giving unlawful orders shall result in a disciplinary measure in the form of reduction in military rank by one grade.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

 

Article 213 – Tobacco smoking

1. Tobacco smoking, except at places designated for smoking, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

 

Article 214 – Sexual acts or other actions of sexual nature

Performance of sexual acts or other actions of sexual nature in the territory of a military unit shall result in a disciplinary measure in the form of discharge from military service.

 

Article 215 – Late arrival at work

1. Late arrival at work, that is late arrival of a contracted (professional) servicemember at work during working hours without a reasonable excuse, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

Note: Under this article, late arrival at work includes the following:

a) arriving from 15 minutes to 2 hours late than the work arrival time;

b) the third and every following case, during a calendar year, of arriving up to 15 minutes late than the work arrival time.

 

Article 216 – Absence from work

1. Absence from work, that is absence of a contracted (professional) servicemember from work without any reasonable excuse shall result in a disciplinary measure in the form of a severe reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

Note: Under this article, absence from work includes the following:

a) arriving at work from 2 to 12 hours late than the work arrival time, but not later than the end of the working hours;

b) during the period of being at the disposal of the human resources department, failure to arrive during working hours on the day specified in the notice, when calling up for work by an authorised person.

 

Article 217 – Absence without leave from a military sub-unit

1. Absence without leave from a military sub-unit for a period of two days and nights, also in the case of appointment to, discharge or transfer from a military unit, the unjustified failure to arrive at the place of service for up to two days and nights after the business travel, leave of absence or from a medical treatment facility, shall result in a disciplinary measure in the form of an administrative arrest.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service or reduction in military rank by one grade.

Note: This article shall not apply to the disciplinary offences determined by Articles 215 and 216 of the Regulations.

 

Article 218 – Violation of the Military Discipline Regulations

1. Violation of the Military Discipline Regulations, that is violation of Articles 30 and/or 56 of the Regulations by a contracted (professional) servicemember, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 219 – Membership of a political party

Membership of a political party shall result in a disciplinary measure in the form of discharge from service.

 

Article 220 – Entrepreneurial activities

Entrepreneurial activities, that is management of an enterprise or participation in the management of an enterprise by a contracted (professional) servicemember, shall result in a disciplinary measure in the form of discharge from service.

 

Article 221 – Failure to meet the established physical training standards

1. Failure to meet the established physical training standards, that is failure of a contracted (professional) servicemember to meet the physical training standards established for the relevant sub-unit, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure:

a) in the form of a deduction of the salary by 10% for three months for the first action committed repeatedly;

b) in the form of deduction of the salary by 20% for six months for the second and following actions committed repeatedly.

Note:

1. The physical training standards and the frequency of passing the standards shall be determined by the Chief of General Staff of the Armed Forces of Georgia.

2. Paragraph 2 of this article shall apply to a servicemember if he/she fails to meet the physical training standards during the period of application of a disciplinary measure (but not less than 1 month) imposed for committing a disciplinary offence determined by paragraph 1 of this article.

 

Article 222 – Failure to meet the training standards of shooting from firearms or military equipment

Failure to meet the training standards of shooting from firearms or military equipment, that is failure of a regular officer to meet the training standards of shooting established for the relevant sub-unit, shall result in a disciplinary measure in the form of a reprimand, or a deduction of the salary by 5% for one month.

 

Article 223 – Failure to execute a combat assignment

Failure to execute a combat assignment shall result in a disciplinary measure in the form of reduction in military rank by one grade.

 

Article 224 – Failure to pass qualification examinations

Failure to pass qualification examinations, that is getting unsatisfactory results at the qualification examinations, shall result in a disciplinary measure in the form of discharge from service.

 

Chapter XVI

Disciplinary Offences Committed by Regular Military Service Personnel

 

Article 225 – Failure to perform functional duties

1. Failure to perform functional duties, that is failure to perform or improper performance of the functional duties by regular officers, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

 

Article 226 – Failure to execute an order or improper execution of an order

1. Failure of a regular officer to execute an order or improper execution of an order given in a prescribed manner, where such action does not have elements of a criminal offence, shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 20% for one month or discharge from service.

 

Article 227 – Deception of a commander (superior officer)

1. Deception of a commander (superior officer), that is providing false information to a commander regarding personal and service related issues by a regular officer causing no significant harm to the interests of military service, shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 15% for one month or a warning about inadequate suitability for duty.

 

Article 228 – Violation of military salute rules

1. Violation of military salute rules, that is failure of a regular officer to render a military salute or violation of the rule of rendering a military salute, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand.

 

Article 229 – Failure to give the command 'attention' upon entrance of a commander (superior officer)

Failure to give the command 'attention' upon entrance of a commander (superior officer), that is failure of a regular officer to perform appropriate action established by the Regulations, shall result in a disciplinary measure in the form of a reprimand.

 

Article 230 – Violation of or failure to execute drill commands

Violation of or failure to execute drill commands shall result in a disciplinary measure in the form of a reprimand.

 

Article 231 – Malingering

1. Malingering, that is fraudulent actions taken by a regular officer in connection with his/her health condition and/or intentional infliction of self-injury, shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

 

Article 232 – Drunkenness

Drunkenness, that is being under the influence of alcohol by a regular officer, shall result in a disciplinary measure in the form of a severe reprimand, a deduction of the salary by 30% for one month or discharge from service.

Note: The disciplinary measure determined by this article shall not apply to the persons who, during the period of leave, in the case of alert, arrive at work under the influence of alcohol.

 

Article 233 – Evasion of alcohol testing or bringing of alcoholic drinks into the territory of a military unit

Evasion of alcohol testing or bringing of alcoholic drinks into the military unit's territory by a regular officer shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty or discharge from service.

 

Article 234 – Brawl

1. A brawl, that is participation of a regular officer in any brawl in the territory of a military unit, shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty.

 

Article 235 – Loss of or damage to the service property

Loss of or damage to service property, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

 

Article 236 – Loss of or damage to personal equipment

Loss of or damage to personal equipment where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of a reprimand or a deduction of the salary by 5% for one month.

 

Article 237 – Giving or selling military uniform, shoes or other belongings to civilians

Giving or selling military uniform, shoes of other belongings to civilians, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

 

Article 238 – Improper maintenance of personal items

1. Improper maintenance of personal items, that is violation of the rules for maintenance and use of personal items, and of other rules, by a regular officer, that may lead to their damage, loss or destruction, shall result in a disciplinary measure in the form of an admonition.

2. The same action that has led to the damage, loss or destruction of personal items shall result in a disciplinary measure in the form of a reprimand.

 

Article 239 – Improper maintenance of military equipment

1. Improper maintenance of military equipment, that is violation of the rules for maintenance, use, etc. of military equipment by a regular officer, that may lead to their damage, loss or destruction, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

3. The same action that has led to the damage, loss or destruction of military equipment and that does not contain elements of a criminal offence shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 240 – Improper maintenance of service vehicles and of communication, optical and other special equipment

1. Violation of the rules for maintenance and use of service vehicles and of communication , optical and other special equipment, and of other rules, by a contracted (professional) servicemember, which may lead to their damage, loss or destruction, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

3. Loss, damage or destruction of service vehicles and of communication, optical and other special equipment by a contracted (professional) servicemember, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form a deduction of the salary by 20% for one month.

 

Article 241 – Violation of the rules for wearing military uniform

1. Violation of the rule for wearing military uniform shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

 

Article 242 – Unauthorised wear of military symbols

1. Unauthorised wear of military symbols, that is unauthorised wear of military uniform, emblems, insignia or collar patches by a regular officer, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

 

Article 243 – Unsuitable grooming for military service

1. Unsuitable grooming for military service, that is wearing unsuitable hairstyles, being unshaven, or wearing unsuitable beard and moustache by a regular officer, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 5% for one month.

 

Article 244 – Wearing of jewellery

1. Wearing of jewellery, that is wearing unsuitable jewellery (including piercing) by a regular officer, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand.

 

Article 245 – Falsification of documents

Falsification of documents, that is making false entry in a relevant available document by a regular officer, where such action does not contain elements of a criminal offence, shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty or discharge from service.

 

Article 246 – Littering of the military unit (sub-unit) territory

1. Littering of the military unit's (sub-unit's) territory shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

 

Article 247 – Unethical conduct in a military unit, in formation, at servicemembers' meetings, seminars, trainings, conferences and other public places

1. Unethical conduct in a military unit, in formation, at the meetings, seminars, trainings, conferences of servicemember and in other public places, that is the use of unsuitable phrases, gestures or jargon in speech by a regular officer, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 5% for one month.

 

Article 248 – Violation of the rules for keeping firearms

1. Violation of the rules for keeping firearms, that is violation of the rules for keeping or maintaining service firearms by a regular officer, which can lead to the damage, loss or destruction of the firearms, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 15% for one month.

 

Article 249 – Improper handling of firearms

1. Improper handling of firearms, that is improper discharge of firearms by a regular officer, which has not led to any serious consequences, shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty or reduction in military rank by one grade.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

 

Article 250 – Negligent discharge of firearms

1. Negligent discharge of firearms that has not led to any serious consequences shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 251 – Being in a state of intoxication

1. Being in a state of intoxication, that is appearance in a state of intoxication or consumption of alcohol by a regular officer in a military uniform in public places, shall result in a disciplinary measure in the form of a deduction of the salary by 30% for one month, or a warning about inadequate suitability for duty.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

 

Article 252 – Gambling

1. Gambling in the military unit's (sub-unit's) territory shall result in a disciplinary measure in the form of a severe reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 253 – Violation of the established safety standards

1. Violation of the established safety standards, that is violation of the safety standards established across the military unit's (sub-unit's) territory, also violation of the safety standards related to the use of firearms or military equipment by a regular officer, that could have led to serious consequences, shall result in a disciplinary measure in the form of a severe reprimand or a deduction of the salary by 10% for one month.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty.

 

Article 254 – Giving unlawful orders

1. Giving unlawful orders shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty or reduction in military rank by one grade.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

 

Article 255 – Tobacco smoking

1. Tobacco smoking, except at places designated for smoking, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

 

Article 256 – Sexual acts or other actions of sexual nature

Performance of sexual acts or other actions of sexual nature in the military unit's territory shall result in a disciplinary measure in the form of discharge from military service.

 

Article 257 – Late arrival at work

1. Late arrival at work, that is late arrival of a regular officer at work during working hours without a reasonable excuse, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 10% for one month.

Note: Under this article, late arrival at work includes the following:

a) arriving from 15 minutes to 2 hours late than the work arrival time;

b) the third and every following case, during a calendar year, of arriving up to 15 minutes late than the work arrival time.

 

Article 258 – Absence from work

1. Absence from work, that is absence of a regular officer from work without any reasonable excuse, shall result in a disciplinary measure in the form of a severe reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 15% for one month or a warning about inadequate suitability for duty.

Note: Under this article absence from work includes the following:

a) arrival at work from 2 to 12 hours late than the established work arrival time, but not later than the end of the working hours;

b) during the period of being at the disposal of the human resources department, failure to arrive during working hours on the day specified in the notice, when calling up for work by an authorised person.

 

Article 259 – Absence without leave from work

1. Absence without leave from work for up to 2 days and nights by a regular officer, also in the case of appointment to, discharge or transfer from a military unit, the unjustified failure to arrive at the place of service for up to 2 days and nights from the duty travel, leave of absence or from a medical treatment facility , shall result in a disciplinary measure in the form of a warning about inadequate suitability for duty.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of discharge from service.

Note: This article shall not apply to the disciplinary offences determined by Articles 257 and 258 of the Regulations.

 

Article 260 – Violation of the Military Discipline Regulations

1. Violation of the Military Discipline Regulations, that is violation of Articles 30 and/or 56 of the Regulations by a regular officer, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure in the form of a deduction of the salary by 15% for one month.

 

Article 261 – Membership of a political party

Membership of a political party shall result in a disciplinary measure in the form of discharge from service.

 

Article 262 – Entrepreneurial activities

Entrepreneurial activities, that is management of an enterprise by a regular officer shall result in a disciplinary measure in the form of discharge from service.

 

Article 263 – Failure to meet the established physical training standards

1. Failure to meet established physical training standards, that is failure of a regular officer to achieve the physical training standards established for the relevant sub-unit, shall result in a disciplinary measure in the form of a reprimand.

2. The same action committed repeatedly shall result in a disciplinary measure:

a) in the form of a deduction of the salary by 10% for three months for the first action committed repeatedly;

b) in the form of deduction of the salary by 20% for six months for the second and following actions committed repeatedly.

Note:

1. The physical training standards and the frequency of passing the standards shall be determined by the Chief of General Staff of the Armed Forces of Georgia.

2. Paragraph 2 of this article shall apply to a servicemember if he/she fails to meet the physical training standards during the period of application of the disciplinary measure (but not less than 1 month) imposed for committing a disciplinary offence determined by paragraph 1 of this article.

 

Article 264 – Failure to meet the training standards of shooting from firearms or military equipment

Failure to meet the training standards of shooting from firearms or military equipment, that is failure of a regular officer to meet the training standards of shooting established for the relevant sub-unit, shall result in a disciplinary measure in the form of a reprimand, or a deduction of the salary by 5% for one month.

 

Article 265 – Failure to pass qualification examinations

Failure to pass qualification examinations, that is getting unsatisfactory results at qualification examinations, shall result in a disciplinary measure in the form of discharge from service.

 

Chapter XVII

Bodies Authorised to Hear Disciplinary Cases and Jurisdiction over Disciplinary Cases

 

Article 266 – Bodies (officials) authorised to hear disciplinary cases

Disciplinary cases are heard by:

a) district (city) courts;

b) the head of a governmental institutions, against a servicemember who performs military service within the system of the governmental institution (including, within appropriate legal entities under public law operating within the system of the governmental institution);

c) the body (official) authorised by the head of a governmental institution;

d) credentials committees established at a governmental institution.

 

Article 267 – District (city) courts

District (city) courts shall hear disciplinary cases determined by the Regulations in the part of an administrative arrest, as a form of a disciplinary measure.

 

Article 268 – Head of a governmental institution

1. The head of a governmental institution shall examine disciplinary cases, except for the cases determined by Article 267 of the Regulations.

2. A body (an official) or a person, authorised under an individual administrative act issued by the head of a governmental institution, shall examine disciplinary cases, except for the cases determined by Article 267 of the Regulations.

 

Article 269 – Credentials committees

1. Credentials committees of governmental institutions, of the General Staff of the Armed Forces of Georgia (including, the structural sub-divisions of the General Staff), of legal entities under public law operating within the system of the Ministry of Defence of Georgia and credentials committees for the types of military forces shall be established on the basis of an individual administrative act issued by the the head of the respective governmental institution or by the body (official) authorised by him/her.

2. According to the jurisdiction, the credential committee shall examine disciplinary cases concerning the reduction in military rank by one grade, discharge from service and dismissal from an educational institution, and forward the case to the head of the appropriate governmental institution for rendering a decision.

3. In addition to the cases specified by paragraph 2 of this article, a credentials committee may examine other disciplinary cases provided for by the Regulations.

4. The head of a governmental institution shall have the right to render an appropriate decision without examining the case at a credentials committee.

 

Chapter XVIII

General Provisions for Disciplinary Proceedings

 

Article 270 – Objectives of disciplinary proceedings

The objectives of disciplinary proceedings are to: timely, comprehensively, completely and objectively investigate the circumstances of every case; resolve cases in full compliance with the legislation; ensure the execution of rendered decisions; and identify causes and conditions contributing to the commission of disciplinary offences, prevent further disciplinary offences; educate servicemembers in the spirit of the observance of the law and enhance the rule of law.

 

Article 271 – Grounds for initiating disciplinary proceedings

1. Disciplinary proceedings may be initiated on the basis of:

a) a petition filed by a commander (superior officer) with an authorised body (official);

b) a complaint or a petition filed by an interested party with an appropriate body (official);

c) a complaint or a petition filed by an injured party with an appropriate body (official);

d) a complaint or a petition filed by a natural or legal person with an appropriate body (official);

e) a petition filed by the authorised persons of the Military Police Department of the General Staff of the Armed Forces of Georgia ('the Military Police Department') with the appropriate body (official) authorised to hear disciplinary cases.

2. Anonymous complaints and motions shall not be heard.

 

Article 272 – Procedure for conducting disciplinary proceedings

1. The procedure for conducting disciplinary proceedings by the bodies (officials) authorised to hear disciplinary cases shall be determined by the Regulations and other normative acts of Georgia.

2. The provisions of this Chapter related to the examination of disciplinary cases at the sessions of a credentials committee and during these sessions, shall not apply to the disciplinary measures applied on the basis of an order.

 

Article 273 – Circumstances in which disciplinary proceedings may not be conducted

Disciplinary proceedings may not be initiated, and the already initiated disciplinary proceedings shall be terminated:

a) if there is a good conduct or a disciplinary offence has not occurred;

b) in the case of mental disturbance of the person who committed a disciplinary offence;

c) if a servicemember acted in the state of extreme necessity or the necessary defence;

d) if a document establishing an incentive or a disciplinary liability is cancelled;

e) in the case of discharge from service of the servicemember against whom the proceedings have been initiated;

f) in the case of death of the servicemember against whom the proceedings have been initiated.

 

Article 274 – Disciplinary proceedings conducted based on the principle of equality of servicemembers

Disciplinary proceedings shall be conducted based on the principle of equality of servicemembers before the law and the hearing authority (official), irrespective of origin, social, or property status, title, racial or ethnic origin, sex, education, language, religious beliefs, type and nature of occupation, place of residence and other circumstances.

 

Article 275 – Public disciplinary proceedings

Disciplinary cases shall be heard publicly unless otherwise provided for by law.

 

Article 276 – Evidence

1. The evidence for a disciplinary case shall be all the facts based on which the relevant body (official) establishes, according to the procedure defined by law, the existence or non-existence of good conduct or a disciplinary offence, guilt of a servicemember and other circumstances that are material to the proper resolution of the case.

2. The following may be used as evidence in disciplinary proceedings:

a) a disciplinary offence report;

b) an explanation of a servicemember towhom an incentive is to be applied or who has been subjected to a disciplinary measure;

c) an explanation of an affected and/or interested person;

d) the explanations of witnesses;

e) an expert's opinion;

f) material evidence;

g) reports of seizure of items and documents, and also other documentation.

 

Article 277 – Evaluation of evidence

The relevant body (an official), being guided by law, internationally recognised human rights principles and legal consciousness, shall evaluate the evidence with his/her inner conviction, which must be based on the comprehensive, full and objective examination of all circumstances of the case.

 

Article 278 – Provision of documents to appropriate officials and investigation authorities

If during the examination of a case the body (official) concludes that the disciplinary offence contains the elements of a criminal offence, it (he/she) shall be obliged to hand the documents of the case to the appropriate investigation authority or official.

 

Chapter XIX

Types of Evidence

 

Article 279 – Disciplinary offence report

1. In the case of good conduct or the commission of a disciplinary offence an authorised commander (superior officer) shall draw up a report. In the case of good conduct of or the commission of a disciplinary offence by any servicemember serving at the Ministry of Defence of Georgia, the report shall be drawn up by the authorised persons of the Military Police Department.

2. A disciplinary offence report shall include: the date and place of itspreparation; the position, rank, first and surname of the person who prepared the report; the information on the servicemember who has committed the action and the date, place and essence of the action; a normative act prescribing application of an incentive or of a disciplinary liability; the surnames and address of witnesses, of the interested and/or injured parties (if any), the explanation of the servicemember, and other details required to resolve the case.

3. The report shall be signed by the person who prepared the report and the person who performed the action, and by the witnesses and the injured partys (if any).

4. If a disciplinary offender refuses to sign the report, a notation to that effect shall be recorded in the report. A disciplinary offender shall have the right to present the explanations attached to the report, and the remarks concerning the content of the report, and also formulate reasons for refusing to sign the report.

5. At the time of drawing up a report, a servicemember who committed a disciplinary offence, shall be informed of his/her rights and duties under Article 293 of the Regulations and a notation to that effect shall be made in the report.

6. A report shall be immediately forwarded to the body (official) authorised to hear disciplinary cases.

7. A report shall not be drawn up unless a servicemember, who has committed a disciplinary offence, contests disciplinary measure imposed on him for the committed disciplinary offence.

 

Article 280 – Explanations of a servicemember to whom an incentive is to be applied or who has been subjected to a disciplinary measure

1. The explanation of a servicemember, to whom an incentive is to be applied or who has been subjected to a disciplinary measure, is the information provided by the servicemember that confirms or denies the committed act, and also information on other circumstances known to him/her that are material to the disciplinary case.

2. A servicemember shall have the right, but shall not be obligated, to give an explanation.

 

Article 281 – Explanations of an affected and/or interested person

The explanation of an affected and/or interested person is the information on the factual circumstances that must be ascertained in the disciplinary case. An explanation of an affected and/or interested person shall not be used as evidence if it does not specify the source of the fact, or if it is established that the affected and/or interested person is not able to perceive, remember and recall the facts correctly due to his/her mental illness, mental retardation or nonage.

 

Article 282 – Explanations of witnesses

Explanations of witnesses is the information on factual circumstances that must be ascertained in a disciplinary case. An explanation of a witness shall not be used a evidence without specifying the source of the fact, or if it is established that he/she is not able to perceive, remember and recall the facts correctly due to the mental illness, mental retardation or nonage.

 

Article 283 – Written and verbal explanations

1. An affected and/or interested person, also a witness, shall give an explanation verbally. The explanation is recorded in the report that is signed by the person giving the explanation and the official carrying out the proceedings.

2. The persons determined by paragraph 1 of this article shall have the right to give a written explanation.

3. If it is difficult for a person determined by paragraph 1 of this article to describe verbally the fact that he/she has witnessed, he/she shall have the right to provide the corresponding part of his/her explanation in a form of signs, namely in a form of a drawing, graph, sketch, etc.

 

Article 284 – Voluntary nature of explanations

Explanations must be given without any coercion. Physical and psychological coercion, deceit, promise, blackmail, persuasion may not be applied for obtaining an explanation. The evidence obtained in this way shall not be accepted.

 

Article 285 – Expert opinion

1. An expert opinion is a written information provided by a knowledgeable and experienced person on the progress of the examination carried out by him/her and on the factual circumstances established by him/her.

2. In an expert's report, evidentiary value shall be given to the issues established as a result of [expert] examination, and to the conclusion of the expert given on the question placed before him/her.

3. Photos and other images, graphs, tables, drawings, prepared by an expert during the examination process, shall be the integral part of the expert opinion.

4. In the process of comparative examination, the experimental bullets, [bullet] casings and other samples made by an expert, must be attached to the case files as material evidence.

5. An expert opinion shall also be drawn up in cases when an expert starts the examination, but fails to finish it due to lack of the objects of examination or lack of qualification.

6. If before starting an examination, an expert establishes that there is a lack of the objects of examination or that he/she is insufficiently qualified in the subject to be examined, the expert shall draw up a document specifying that it is impossible to carry out an expert examination, and shall send the document, together with the items submitted for expert examination, to the body that assigned the expert examination. If the current level of science and technology makes it possible to resolve the matters placed before the expert, but the expert lacks the necessary skills, tools and reagents, he/she may indicate which scientific and research institution can carry out such expert examinations.

 

Article 286 – Material evidence

1. Material evidence are any item related to the factual circumstances of a disciplinary case by reason of their features and characteristics, origin, the place and time of their discovery and the traces on them, and which may contribute to the ascertainment of the truth.

2. Material evidence are the instruments of a disciplinary offence or good conduct, the object of the action or the traces of action left on it, and also all other items that may contribute to the identification of a disciplinary offence or of a good conduct.

3. Material evidence must be inspected and sealed in the presence of witnesses before being attached to the case files. During the inspection, the individual features of the object(s) or, if impossible, generic features of the object(s), must be identified and described. The inspection process and results shall be included in the report. Material evidence shall be unsealed and re-inspected in the presence of witnesses.

 

Article 287 – Reports on the seizure of items and documents, and other documentation

1. In disciplinary proceedings, evidence shall constitute the reports drawn up during the proceedings according to the rules established by the Regulations.

2. A document may be considered to be evidence if it contains the information necessary for establishing factual circumstances in a disciplinary case. The document may be drawn up by a natural and/or a legal person.

3. A document shall mean a source [of information] that contains information in a form of words or signs, and/or in a form of photos, film, video, sound or other recording or by means of technical equipment, provided that the requirements determined by the Regulations are met. A document shall have evidentiary value if the source of its origin is known and its authenticity can be verified by other evidence in the case files.

4. If a seized document, which is attached to case files, is required for the current accounting, reporting and other lawful purposes, the document or its copy may be returned or transferred for temporary use to its lawful owner, unless such action is prejudicial to the case.

 

Chapter XX

Administrative Arrest, Inspection of Belongings, Seizure of Belongings and Documents

 

Article 288 – Measures to secure disciplinary proceedings

1. If other measures have been exhausted, a person may be subject to an administrative arrest, bodily search, inspection of belongings and seizure of belongings and documents in order to prevent disciplinary offences, to identify the person, to prepare a disciplinary offence report (if its preparation is necessary but impossible at the scene), to duly and properly examine the case and ensure enforcement of the decisions made in a disciplinary case.

2. An sdministrative arrest, bodily search, inspection of belongings and seizure of belongings and documents for the purposes determined by this article shall be carried out as provided for by the Administrative Offences Code of Georgia.

 

Article 289 – Administrative arrest

1. An administrative arrest shall be carried out according to the rule established by the Administrative Offences Code of Georgia. A report shall be prepared on an administrative offence.

2. Upon request of a person arrested for a disciplinary offence, his/her location shall be notified to his/her relatives or to the administration of the place of work or educational institution.

 

Article 290 – Bodily search and inspection of belongings

1. Bodily search shall be carried out according to the rule established by the Administrative Offences Code of Georgia. Bodily search shall be carried out by a duly authorised person of the same sex in the attendance of two persons of the same sex.

2. A report shall be prepared on the bodily search and on the inspection of belongings, and/or an appropriate notation shall be recorded in the report of the disciplinary arrest.

 

Article 291 – Seizure of belongings and documents

1. The belongings and documents that are discovered at the moment of arrest, bodily search or inspection of the belongings, and that constitute the instrument or direct object of the disciplinary offence, shall be seized, as provided for by the legislation, by the officials specified by the Regulations. Until the disciplinary case hearing, the seized belongings and documents shall be stored at the place designated by the bodies (officials) authorised to seize belongings and documents, and according to the outcome of the hearing, shall be duly confiscated or returned to the owner and/or destroyed or, shall be sold, in the case of compensated seizure.

2. In the case of commission of a disciplinary offence determined by the Regulations, until the case hearing, a commander (superior officer) and duly authorised personnel, shall have the right to confiscate firearms and ammunition from a servicemember, and an appropriate notation shall be recorded in the report with reference to the make or model, calibre, series and number of the firearm, the quantity and type of ammunition. Seizure of belongings, bodily search or inspection of belongings of a servicemember who committed a disciplinary offence in the line of duty shall be used only in an emergency.

 

Article 292 – Appeal of an administrative arrest, bodily search, inspection of belongings and seizure of documents

Interested persons may appeal an administrative arrest, bodily search, inspection of belongings and seizure of documents to a superior agency (official) or a credentials committee.

 

Chapter XXI

Persons Participating in Disciplinary Proceedings

 

Article 293 – Rights and duties of servicemembers subjected to disciplinary proceedings

A servicemember subjected to disciplinary proceedings shall have the right to review case files, give explanations, submit evidence, file motions; enjoy legal services of a defence counsel during the hearing; appeal a decision made in the case, speak in a native language and, if he/she does not speak the language of the proceedings, enjoy the services of an interpreter. Disciplinary proceedings shall be held in the presence of the servicemember who is subjected to the disciplinary proceedings. A case may be heard in the absence of a servicemember only if it is known that he/she has been timely informed of the venue and time of the hearing, but he/she has not filed a motion for the postponement of the hearing.

 

Article 294 – Injured parties

1. A person who suffered moral, physical or material damage as a result of a disciplinary offence shall be deemed to be an injured party.

2. An injured party shall have the right to review all the materials of the case, file motions, and appeal the decisions made in the disciplinary case.

3. An injured party may be examined as a witness according to Article 297 of the Regulations.

 

Article 295 – Legal representatives

The interests of an injured party, who is a minor or unable to exercise his/her rights in the disciplinary proceedings on his/her own due his/her physical or mental defect, may be protected by his/her legal representatives (parents, foster parents, guardians, custodians).

 

Article 296 – Defence counsel

A defence counsel participating in disciplinary proceedings may review all the documents of the case, make motions as instructed by the client or file an appeal against a decision made in the proceedings on behalf of the client.

 

Article 297 – Witnesses

1. Any person who may know something about the circumstances to be ascertained with regard to a case may be summoned as witnesses in disciplinary proceedings.

2. Upon the summons by the body (official) that (who) carries out the proceedings, witnesses must appear at the appointed time, state everything that they know about the case and answer all the questions asked.

 

Article 298 – Experts

1. In disciplinary proceedings, if necessary, an expert may be assigned according to the rule established by law.

2. An expert shall be obliged to appear upon summons and give an unbiased opinion on the matters placed before him/her.

3. An expert shall have the right to:

a) review case documents related to the object of the expert examination;

b) file requests for the transfer of additional documents necessary for him/her to provide an expert opinion;

c) ask questions to the servicemember subjected to disciplinary proceedings, to the injured party, or the witnesses about the object of the expert examination, with the permission of the body (official) before which (who) the disciplinary proceedings are pending;

d) attend the hearing.

 

Article 299 – Interpreters

1. An interpreter shall be appointed by the body (official) that (who) carries out the disciplinary proceedings.

2. An interpreter shall be obliged to appear upon the summons of the body (official) and perform full and accurate interpretation.

 

Chapter XXII

Hearing of Disciplinary Cases

 

Article 300 – Preparation of disciplinary cases for a hearing

In preparing a disciplinary case for a hearing, the body (official) shall determine the following:

a) whether or not the hearing of the case falls within its (his/her) jurisdiction;

b) whether or not the report and other documents of the disciplinary case have been prepared correctly;

c) whether or not the persons participating in the hearing have been informed of the time and venue of the hearing;

d) whether or not necessary additional documents have been requested;

e) whether or not the motions of the servicemember prosecuted for a disciplinary offence, of the injured party, of the legal representatives or of the defence counsel are to be satisfied.

f) whether or not any procedure determined by the Regulations have been violated at any stage of the disciplinary proceedings.

 

Article 301 – Venue of disciplinary proceedings

1. A disciplinary case shall be heard at the place where it was committed, or at the place of service of a servicemember.

2. The legislation of Georgia may provide for other places for hearing disciplinary cases.

 

Article 302 – Time limits for hearing disciplinary cases

The authorised body (official) shall hear a disciplinary case within one month after the receipt of the disciplinary offence report and other documents. In force majeure circumstances, this time limit may be extended by up to 10 days.

 

Article 303 – Procedure for hearing disciplinary cases

1. The hearing starts by the announcement of the composition of the credentials committee or by the introduction of the official (commander(superior officer)) hearing the case.

2. The chairperson of the session of the credentials committee or the official (commander(superior officer)) hearing the case shall announce the title of the case being heard, the name of the person subjected to the disciplinary proceedings, and inform the persons participating in the hearing of their rights and duties, and read the disciplinary offence report publicly. The persons participating in the hearing shall be heard, the evidence shall be examined and the motions shall be ruled upon during the session.

 

Article 304 – Circumstances to be ascertained during the hearing of disciplinary cases

When hearing a disciplinary case the body (official) shall be obliged to ascertain the following: whether or not good conduct has occurred or whether or not the servicemember is guilty of committing a disciplinary offence, whether or not an incentive or a disciplinary measure is to be applied to the servicemember, whether or not there are any aggravating or mitigating circumstances, whether or not the property damage has been caused, and also ascertain other circumstances material to resolving the case correctly.

 

Article 305 – Record of the hearing of a credentials committee

1. When hearing a disciplinary case a credentials committee shall prepare a record of the hearing which shall include the following:

a) date and place of the hearing;

b) title and composition of the credentials committee hearing the case;

c) content of the case to be heard;

d) information on the presence of the case participants;

e) explanations and motions of the hearing participants and the results of their hearing;

f) documents and material evidence examined at the hearing;

g) details on the public announcement of the rendered decision, and on the procedure and time for appealing the decision.

2. The record of the hearing of a credentials committee shall be signed by the chairperson and the secretary of the hearing.

 

Article 306 – Decisions made in disciplinary cases

1. After hearing a disciplinary case the body (official) shall render a resolution on the case.

2. The resolution shall include: the title of the body (official) rendering the resolution, the date of the hearing, the details of the servicemember against whom the case is heard, the circumstances ascertained during the hearing, the decision rendered in the case and a reference to the normative act that prescribes an incentive or a disciplinary measure for the action in question.

3. If at the time of deciding the imposition of a disciplinary measure for a disciplinary offence the authorised bodies (officials) are resolving a question of compensation of material damages by the guilty person, then the amount of the damages to be paid, and procedure and time limits for the payment, shall be specified by the resolution rendered in the case.

4. The cost of the objects lost, damaged or transferred to other persons during the imposition of a disciplinary measure for a disciplinary offence determined by the Regulations, shall be compensated according to their initial book value (excluding the accrued depreciation costs).

5. The resolution rendered in the case shall resolve the question of the seized belongings and documents.

6. The credentials committee shall make a resolution on the basis of a simple majority of votes of the session participants.

7. The resolution made in a disciplinary case shall be signed by the official hearing the case, and the decision rendered by the credentials committee, shall be signed by the chairperson and the secretary of the hearing.

 

Article 307 – Types of resolutions

1. After hearing a disciplinary case the body (official) shall deliver one of the following resolutions:

a) on the application of a certain type of incentive;

b) on the imposition of a disciplinary measure,

c) on the termination of the proceedings.

2. A resolution on termination of the proceedings shall be made in the case of the circumstances determined by Article 273 of the Regulations.

 

Article 308 – Announcement of the resolution rendered in a case and service of a copy of the resolution

1. A resolution rendered in a case shall be announced immediately upon the completion of the hearing.

2. A copy of the resolution shall be served upon or forwarded, within three days, to the servicemember with respect to whom the resolution is made, and also to the injured party, upon his/her request.

3. A copy of the resolution shall be served against written acknowledgement of receipt. If a copy of the resolution is forwarded, the relevant record shall be made in the case file.

 

Article 309 – Notification of a decision on the application of a type of incentive or on the imposition of a disciplinary measure

The body (official) hearing the disciplinary cases determined by the Regulations, shall notify the human resources department of the place of work or study of the offender in order for it [HR department] to make appropriate records in the military service card of the servicemember; the form of the service card is approved by the head of the appropriate agency or a person authorised by him/her; and if monetary sanctions or monetary forms of rewards are applied in the form of an incentive or a disciplinary measure, the body (official) shall also notify an appropriate financial office.

 

Article 310 – Proposals for eliminating the causes and conditions conducive to disciplinary offences

When establishing the causes and conditions conducive to the commission of disciplinary offences, the body (official) hearing the case shall propose to the relevant governmental institution, military sub-unit and official the measures necessary to eliminate such causes and conditions. The governmental institutions, military sub-units and officials shall be obliged to notify the proposing body (official) of the implemented measures within one month after receiving the proposal.

 

Chapter XXIII

Appeal of Resolutions Made in Disciplinary Cases

 

Article 311 – Right to appeal resolution made in disciplinary cases

A resolution made in a disciplinary case may be appealed by a servicemember against whom the decision was made; the decision may also be appealed by the injured party.

 

Article 312 – Procedure for appealing resolutions made in disciplinary cases

1. A resolution made in a disciplinary case may be appealed to a superior credentials committee, whose decision may only be appealed to a court.

2. The district (city) court's decision may be appealed according to the procedure established by law.

3. The resolution made in the proceedings determined by Article 268 of the Regulations may be appealed to a court according to the procedure established by the legislation of Georgia.

4. An appeal shall be filed with the body (official) that (who) rendered the resolution in the disciplinary case, unless otherwise provided for by the legislation of Georgia. Within three days, the filed appeal, together with the case documents, shall be forwarded to the body (official) that is the addressee of the appeal and that is authorised, under this article, to hear the appeal.

 

Article 313 – Time limits to appeal resolutions made in disciplinary cases

A resolution made in a disciplinary case may be appealed within one month after the resolution if made. In the case of an unreasonable delay, this period may be restored by the body (official) authorised to hear the appeal, based on an application of the servicemember with respect to whom the resolution was rendered.

 

Article 314 – Suspension of enforcement of a resolution due to an appeal

The enforcement of a resolution on the imposition of a disciplinary measure shall not be suspended due to an appeal filed within the specified time limits, but if the appeal is granted, the authorised official or appropriate governmental institution shall be obliged to restore the initial condition.

 

Article 315 – Time limits for hearing appeals against resolutions made in disciplinary cases

An appeal filed against a resolution made in a disciplinary case, shall be heard by the duly authorised bodies (officials) within 10 days after receiving the appeal.

 

Article 316 – Hearing of appeals against resolutions made in disciplinary cases

During the hearing of an appeal filed against a resolution made in a disciplinary case, the authorised body (official) shall examine the lawfulness and justification of the rendered resolution.

 

Article 317 – Decision of the body (official) hearing appeals against the resolutions made in disciplinary cases

1. In hearing an appeal, the authorised body (official) makes one of the following decisions:

a) to uphold the resolution and dismiss the appeal;

b) to reverse the resolution and remand the case for repeat hearing;

c) to reverse the resolution and terminate the proceedings;

d) to modify the disciplinary measure within the scope determined by the Regulations, provided that the disciplinary measure is not toughened.

2. If a resolution is made by a body (official) unauthorised to resolve the case, the resolution shall be declared void and the case shall be referred for hearing to an authorised body (official).

3. A copy of a decision rendered on the appeal filed against a resolution made in a disciplinary case shall be forwarded, within three days, to the servicemember against whom the resolution was made, and also to the injured party upon, his/her request.

 

Article 318 – Outcome of the reversal of a resolution and of the termination of disciplinary proceedings

1. Reversal of a resolution and termination of disciplinary proceedings shall result in return of the paid money and of the seized belongings, and removal of the restrictions related to the resolution. If the belongings cannot be returned, their value must be compensated.

2. In the case of unlawful imposition of a disciplinary measure in the form of administrative arrest, the period of military service of a servicemember shall be reduced double the period spent in the administrative arrest, or the servicemember shall be given an immediate leave of absence for the period spent in the administrative arrest.

 

Chapter XIV

Enforcement of Decisions on the Application of Incentives or Disciplinary Measures

 

Article 319 – Binding nature of decisions on the application of incentives or disciplinary measures

The decision on application of an incentive or a disciplinary measure shall be binding upon state authorities, officials and servicemembers.

 

Article 320 – Enforcement of a resolution

1. A resolution on application of an incentive or a disciplinary measure shall be enforced upon its rendering, unless otherwise provided for by the Regulations and the legislation of Georgia.

2. If a resolution on the imposition of a disciplinary measure is appealed, it shall be enforced after the appeal is dismissed.

3. A resolution on application of an incentive or a disciplinary measure shall be enforced by the body (official) rendering the resolution.

 

Article 321 – Procedure for enforcing resolutions on the application of incentives or disciplinary measures

A resolution on the application of an incentive or a disciplinary measure shall be enforced by duly authorised bodies (officials), by the Military Police Department, as provided for by the Regulations and the legislation of Georgia.

 

Article 322 – Postponement of the enforcement of the resolutions on the application of incentives or disciplinary measures

If there are circumstances preventing immediate enforcement of a resolution on the application of an incentive or a disciplinary measure, the body (official) that rendered the resolution may postpone the enforcement of the resolution.

 

Article 323 – Termination of the enforcement of resolutions on the application of rewards or disciplinary measures

The body (official) that rendered a resolution on the application of an incentive or a disciplinary measure, may terminate the enforcement of the resolution in the following cases:

a) if the act establishing an incentive or a disciplinary liability is cancelled;

b) if the servicemember with respect to whom the resolution was made dies.

 

Article 324 – Resolution of the issues related to the enforcement of resolutions

The body (official) that rendered a resolution on the application of an incentive or a disciplinary measure, shall be responsible for resolving and monitoring the issues related to the enforcement of the resolution.

 

Chapter XXV

Proceedings on the Enforcement of the Material Damages Portion of a Resolution

 

Article 325 – Procedure and time limits for enforcing material damages portion of a resolution

1. In the case of commission of a disciplinary offence determined by the Regulations, a servicemember shall be charged with the payment of material damages.

2. A resolution made on a disciplinary case regarding the payment of material damages shall be enforced according to the procedure established by the legislation of Georgia, the Regulations and the civil procedure legislation of Georgia

3. A resolution, made in a disciplinary case regarding the payment of material damages, shall be binding.

4. The offender shall pay the material damages not later than 15 days after being served with the decision; if the decision is appealed, the offender shall pay the material damages within not later than 15 days after receiving a notice on the dismissal of the appeal.

 

Article 326 – Effects of the non-fulfilment of the material damages portion of a resolution

If the material damages portion of a resolution is not fulfilled within the time limits determined by Article 325(4) of the Regulations, the dispute shall be reviewed as provided for by the legislation.

 

Chapter XXVI

Restrictions Related to Service, Position and Rank

 

Article 327 – Restrictions

1. A servicemember may not be promoted in service and/or rank during the period of a disciplinary measure.

2. Officers serving in contracted (professional) military service, if the number of the disciplinary measures imposed on them exceeds the incentives applied, shall not be admitted to regular military service. The personal file of an officer admitted to regular military service shall be destroyed and a new personal file shall be opened.

3. Officers serving in regular military service, if the number of the disciplinary measures imposed on them exceeds the incentives applied, may not be granted the highest military rank, and may not be appointed to the positions that stipulates granting of the highest military rank.