On the Status of a Servicemember

LAW OF GEORGIA

ON THE STATUS OF A SERVICEMEMBER

This Law determines the status of a servicemember, the persons with the status of a servicemember and their rights and obligations, also basic social and legal security guarantees of servicemembers, their family members and of persons discharged from military service.

Chapter I – General Provisions

Article 1 - Terms used in this Law

The terms used in this Law have the following meanings:

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

b) status of a servicemember – a combination of rights, freedoms, obligations and responsibilities determined by law and guaranteed by the state;

c) persons with the status of a servicemember – servicemembers of the military forces of Georgia, of legal entities under public law within the system of the Ministry of Defence of Georgia and of military agencies, and also reservists during their service in the military reserve.

Law of Georgia No 1541 of 21 June 2002 - LHG I, No 21, 12.7.2002, Art. 87

Law of Georgia No 3016 of 27 April 2010 - LHG I, No 23, 4.5.2010, Art. 135

Law of Georgia No 5012 of 1 July 2011 - website, 15.7.2011

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

Article 2 - Status of a servicemember

1. The special characteristics of the legal status of servicemembers are defined by the obligations imposed on them for the armed defence of the State, which is related to the performance of set objectives under any conditions, including when their life is in danger.

2. Servicemembers shall perform military service according to the Law of Georgia on Military Duty and Military Service and other legislative acts of Georgia.

3. Servicemembers shall be given documents determined by the legislation of Georgia certifying their identity, citizenship and legal status.

4. Servicemembers shall have the right to keep, carry and use firearms as provided for by the legislation of Georgia and the internal regulations of the military forces of Georgia.

5. Compensation for the partial limitation of civil rights and freedoms of servicemembers, which is related to the special conditions of military service, shall be made under this Law and other normative acts.

6. During a martial law or states of emergency and mobilisation the special characteristics of the status of a servicemember shall be determined by the legislation of Georgia.

7. Other privileges determined by this Law and the legislation of Georgia shall apply to servicemembers, their family members and to persons discharged from military service and their family members.

Article 3 - Persons with the status of a servicemember

1. The status of a servicemember shall be granted to citizen of Georgia, to persons having the status of stateless person in Georgia or to foreign citizens from the day of their joining the military service and shall be revoked from the day of discharge from military service.

2. In the case of performing military service in an establishment of Georgia located abroad, the status of a servicemember shall be determined by this Law, and international agreements and treaties of Georgia.

3. Servicemembers who are captured or interned in a neutral state shall retain the status of a servicemember if the captivity is not voluntary and if a captured servicemember has not committed any actions against Georgia.

4. If a servicemember is sentenced to deprivation of liberty for a crime committed during military service, the privileges determined by this Law shall be terminated.

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

Article 4 - Social and legal security guarantees of servicemembers

1. Social and legal security of servicemembers shall be guaranteed by the State, which provides servicemembers with appropriate living conditions, taking into consideration special conditions and character of military service.

2. All servicemembers irrespective of their position and military rank shall be equal before the law. Distinctions as to the rights of servicemembers, the conditions for doing military service and the procedures for material support shall be determined by the legislation of Georgia.

3. Social and legal security of servicemembers, of persons discharged from military service and their family members shall be guaranteed by the State.

4. Taking into consideration special conditions of military service, other additional social security guarantees of servicemembers shall be determined by the appropriate legislation of Georgia.

Chapter II – Rights of Servicemembers, of Persons Discharged from Military Service and of their Family Members and Guarantees of Realisations of these Rights

Article 5 - Participation in state and public activities

1. Servicemembers shall have the right to participate in the activities of non-entrepreneurial (non-commercial) legal persons, in the elections of state authorities and local self-government bodies.

2. Servicemembers may not become members of political parties, organise and/or participate in assemblies and demonstrations, engage in entrepreneurial activities or have another job, except for scientific, pedagogical and medical activities, if these activities do not interfere with the performance of their official duties.

Law of Georgia No 304 of 26 September 2008 - LHG I, No 21, 6.10.2008, Art. 149

Law of Georgia No 1699 of 24 September 2009 - LHG I, No 29, 12.10.2009, Art. 182

Article 6 - Freedom of speech and information

Servicemembers shall have the right to freedom of speech, the right to express their opinions and views and the right to receive and disseminate information that does not include state or official secrets (except for the cases determined by Article 50(4) of the Criminal Procedure Code of Georgia).

Law of Georgia No 1734 of 11 December 2013 - website, 25.12.2013

Article 7 - Freedom of conscience, religion and belief

Servicemembers shall have the right to profess and practise any religion, unless it prevents the performance of their official duties and creates conditions for additional privileges.

Article 8 - Protection of freedom, honour and dignity of a person

Personal freedom, honour and dignity of servicemembers shall be protected by law.

Article 9 - Right to [freedom of] movement

1. While on duty servicemembers shall have the right to [freedom of] movement with permission of the corresponding commander.

2. Servicemembers shall have the right to change the place of military service if they or their family members require the change of the place of service (residence) due to the state of health, based on a medical commission's report.

3. Servicemembers shall travel for duty with the permission of military authorities on the basis of the appropriate normative acts.

Article 10 - Exercise of labour rights

1. Military service is a special form of state service and its purpose is to ensure the defence of Georgia.

2. The State guarantees to servicemembers:

a) occupation of military positions and promotion according to the achieved results and qualifications in military service;

b) upgrading of professional qualification voluntarily and according to the interests of the military service;

c) granting of military rank according to the staff list and the occupied position as prescribed by the legislation of Georgia. Promotion of servicemembers may not be delayed.

3. The period of military service shall be included in the total length of service of a person and in cases determined by the legislation of Georgia, in the length of work according to the speciality.

Article 11 - Work time and the right to rest

1. Total duration of weekly working hours of servicemembers shall not exceed the duration of weekly working hours determined by the labour legislation of Georgia, except for the cases specified in paragraph 3 of this article.

2. Servicemembers called up for compulsory military service shall be given one day off per week.Trainees of military educational institutions/junkers [students] of higher military educational institutions shall be given days-off according to the corresponding curricula, but at least one day per week.

3. Measures related to the performance by servicemembers of official duties, the list of which are determined by the legislation of Georgia, shall be taken, if necessary, without any limitation of total duration of weekly working hours.

4. During military service servicemembers shall have the right to an annual leave for 30 calendar days.

5. Servicemembers may be given a short-term leave for up to 10 days due to family circumstances or other reasons. The short-term leave shall not be counted as a regular leave.

5¹. Servicemembers who participate in international operations provided for by the Law of Georgia on the Participation of Georgian Armed Forces in Peacekeeping Operations and by international agreements of Georgia or in other peacekeeping activities, shall be given an excess leave for up to 30 days. The excess leave shall not be counted into the leave specified in paragraphs 4 and 5 of this article.

6. servicemembers called up for compulsory military service shall be given two-week’s leave during the total military service, except for the 12th month of compulsory military service.

7. Trainees of military educational institutions/junkers [students] of higher military educational institutions shall be given a holiday leave, for a period determined by the curricula.

8. Graduates of military educational institutions, who were granted an initial Commissioned Officer rank, shall be given a leave of 30 days before their assignment, unless otherwise provided for by the curriculum.

9. Female servicemembers shall be given a maternity leave and child care leave as provided for by the labour legislation of Georgia.

Law of Georgia No 644 of 9 December 2004 - LHG I, No 38, 24.12.2004, Art. 180

Law of Georgia No 2474 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 414

Law of Georgia No 3016 of 27 April 2010 - LHG I, No 23, 4.5.2010, Art. 135

Law of Georgia No 2101 of 7 March 2014 - website, 19.3.2014

Law of Georgia No 2239 of 16 April 2014 - website, 28.4.2014

Article 12 - Material support

1. The State provides servicemembers with full material support.

2. Monetary awards and/or material assistance may be granted during the year to servicemembers for the performance of official duties in good faith, for exemplary discipline and excellent results in combat training, and in the case of participation in military exercises servicemembers shall be given a daily remuneration, in addition to the duty travel allowance, as provided for by the legislation of Georgia.

3. The State shall provide the servicemembers of the Ministry of Defence of Georgia with food ration, corresponding monetary compensation and uniform according to the norms determined by the legislation of Georgia.

3¹. The monetary compensation corresponding to the food ration specified in paragraph 3 of this article shall not be provided to servicemembers in compulsory military service of the Ministry of Defence of Georgia.

4. (Deleted).

5. (Deleted).

6. Junkers of higher military educational institutions shall be paid remuneration as provided for by the legislation of Georgia if they are servicemembers of the Ministry of Defence of Georgia and were enrolled at a higher military educational institution in accordance with this Law, in agreement with the Ministry of Defence of Georgia.

Law of Georgia No 2474 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 414

Law of Georgia No 4745 of 11 May 2007 - LHG I, No 18, 22.5.2007, Art. 159

Law of Georgia No 5012 of 1 July 2011 - website, 15.7.2011

Law of Georgia No 2239 of 16 April 2014 - website, 28.4.2014

Article 13 - Right to ownership

1. Servicemembers shall have the right to own, posses, use, and administer their property as provided for by the legislation of Georgia.

2. The rules of keeping servicemembers' property in military units shall be determined by army regulations.

Article 14 - Right to housing

1. The State shall provide servicemembers with housing. Upon commencing military service, servicemembers shall be provided with an apartment for official purposes from the housing fund allocated to the corresponding military agency, according to the established rules and procedures.

2. Before receiving housing servicemembers and their family members may register at the address of the military unit. Before receiving housing, these persons shall be provided with temporary accommodation on the premises and/or with rooms in a dormitory.

3. Officers called up for military service for two years from the military reserve shall be provided with rooms at a dormitory. If the officers continue military service after the expiration of two years, they shall be provided with housing according to the procedures established for the servicemembers.

4. Persons called up for compulsory military service shall be placed in barracks according to the Internal Service Regulations.

Article 15 - Calculation of the length of service and material support

1. One day of service of a servicemembers in an operating military unit during martial law, or direct participation in the armed conflicts or performance of special assignments in times of peace that are deemed equivalent to combat operations, shall be counted as three days of service. One day of service of servicemembers who were not directly engaged in armed conflicts but were in combat readiness, or supported combat operations or were in a zone of armed conflict as members of peacekeeping forces, shall be counted as two days of service.

2. During this period, servicemembers specified in paragraph 1 of this article shall be given all monetary allowances in triple and double sizes respectively.

3. Servicemembers shall be awarded with orders and medals by a decree of the President of Georgia according to the length of their service.

4. One day of service of servicemembers who have direct contact with hazardous liquids, chemical, toxic, radioactive and other substances, shall be counted as one and a half days of service and shall receive all monetary allowances in one-and-a-half-sizes for that period.

5. Servicemembers of Georgia doing military service in another country shall be paid a monetary allowance partially in the currency of that country and partially in the national currency.

6. Special conditions for doing military service in closed and other independent military units, air force units and military units and formations of other categories and special military force units, also special conditions for doing military service by servicemembers specified in paragraphs 1 of this article, shall be determined by the Government of Georgia.

Law of Georgia No 1036 of 20 July 2001 - LHG I, No 24, 1.8.2001, Art. 105

Law of Georgia No 787 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 255

Law of Georgia No 3019 of 27 April 2010 - LHG I, No 23, 4.5.2010, Art. 138

Law of Georgia 1391 of 27 September 2013 - website, 9.10.2013

Article 16 - Protection of life and health; health care

1. Protection of life and health of servicemembers shall be provided by ensuring healthy living conditions for military service and by a system of measures for reducing risk factors inherent to military service, which is implemented by a commander (officer-in-charge) together with state authorities and local self-government bodies.

2. The commander (officer-in charge) shall be responsible for protecting the life and health of servicemembers. The commander shall also be responsible for ensuring the observance of safety rules during military service, military training, combattraining, operation of military equipment and weapons and during the performance of other activities.

3. If a servicemember is wounded or maimed while carrying out official duties, a one-time monetary allowance corresponding to the degree of severity of the injury, but not more that GEL 7 000, shall be granted to him/her from the State Budget .

4. If a servicemember dies while performing his/her official duties, except for a servicemember defined by paragraph 4¹ of this article, a one-time monetary allowance of GEL 15 000 shall be granted from the State Budget to the servicemember's family.

4¹. If a servicemember dies while performing his/her official duties during participation in international operations determined by the Law of Georgia on Participation of Georgian Armed Forces in Peacekeeping Operations or during other peacekeeping activities, also if a servicemember is killed or dies from the sustained injuries during the fight for territorial integrity, freedom and independence of Georgia, a one-time monetary allowance of GEL 100 000 shall be granted from the State Budget to the servicemember's family under a decision (decree) of the Government of Georgia.

5. Treatment of servicemembers in military medical subdivisions, military units and military medical facilities shall be financed from the State Budget.

Law of Georgia No 91 of 24 December 1999 - LHG I, No 52(59), 31.12.1999, Art. 253

Law of Georgia No 1337 of 20 April 2005 - LHG I, No 22, 18.5.2005, Art. 147

Law of Georgia No 1699 of 24 September 2009 - LHG I, No 29, 12.10.2009, Art. 182

Law of Georgia No 865 of 25 July 2013 - website, 19.8.2013

Article 17 - State insurance of servicemembers; compensation of damage

1. Life and health of servicemembers and of their family members may be insured by state procurement of an insurance service or by other means provided for by the legislation of Georgia.

2. (Deleted).

3. The guarantees determined by this article may also apply to persons discharged from military service due to the attainment of retirement age, or due to their state of health, reorganisation or layoffs, who have a rank of colonel or the highest military rank, also military and war veterans discharged from military service on the above grounds and to persons called up for military reserve service.

4. (Deleted).

Law of Georgia No 4192 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 371

Law of Georgia No 3016 of 27 April 2010 - LHG I, No 23, 4.5.2010, Art. 135

Article 18 - Education; participation in the cultural life

1. Servicemembers shall have the right to receive professional education, to be enrolled in military educational institutions, to be trained, re-trained and to attend qualification upgrading courses.

2. Taking into consideration the conditions of military service, servicemembers shall have the right to study at civil higher, secondary and vocational education institutions. Servicemembers of this category shall enjoy all the privileges determined by law for persons who combine studies at an educational institution with military service. After discharge from military service, the servicemember shall retain the right to continue studies at this educational institution.

3. The education of officers and contracted (professional) servicemembers who have higher or secondary and vocational education, and who do military service according to an acquired speciality, shall be deemed equivalent to the education of persons who graduated from higher or secondary military educational institutions.

4. Servicemembers shall have the right to participate in the cultural life of Georgia and enjoy cultural establishments.

5. Military authorities shall be obliged to develop and carry out measures for patriotic, moral and aesthetic education of servicemembers, to develop their reasonable initiative and instil in them respect for national traditions, religion, for older and younger people.

6. At the expense of the funds allocated from the State Budget to the respective military unit, servicemembers at the deployment site of a military unit shall have the right to enjoy libraries and reading rooms, cultural and educational establishments, sports facilities and equipment, films and videos and they may also take part in sports and amateur talent activities.

Article 19 - Privileges with respect to transport travel and municipal services

1. During duty travels or travel to and from treatment and rehabilitation institutions during main and excess leaves, also for travel to the chosen destination after discharge from military service, or upon transfer to another locality servicemembers shall have the right to travel by all types of road transport (except for a taxi) at the expense of the funds allocated from the State Budget to the relevant military agency.

2. Servicemembers shall have the right to travel by public transport on the territory of Georgia, namely by bus, trolleybus, tram, underground and suburban rail transport at the expense of funds allocated from the State Budget to the relevant military agency.

3. Servicemembers (except for servicemembers in compulsory military service) and their family members shall pay 50% of the cost of apartment rent and of fees for telephone installation and subscription (except for international and long-distance calls), communal antennas, radio network usage, natural gas, heating, housing and household services, cold and hot water and other municipal services, and the remaining 50% shall be paid from funds allocated from the State Budget to the relevant military agency.

Law of Georgia No 91 of 24 December 1999 - LHG I, No 52(59), 31.12.1999, Art. 253

Article 20 - Proposals, applications, complaints

1. Servicemembers shall have the right to submit proposals, applications and complaints to state authorities and local self-government bodies and to their commanders and officers-in-charge as provided for by the legislation of Georgia.

2. Servicemembers may personally or through the commander (officer-in-charge) appeal any unlawful action of the officials of state authorities and local self-government bodies and/or military agencies, to a court.

3. A duty-related complaint filed by a servicemember shall be reviewed and resolved as provided for by army regulations. If a complaint is rejected or is not satisfied, a servicemember shall have the right to apply to a senior commander (officer-in-charge), the Prosecutor's Office or to a court.

4. The review of a complaint of a servicemember may not be suspended, and the complaint may not cause punishment or persecution of the servicemember.

5. A servicemember who has filed a complaint shall not be exempted from the obligation to execute orders and perform his/her official duties. In the case of executing an unlawful order the liability shall rest with the person who issued the order.

6. A servicemember discharged from the Armed Forces of Georgia may, within three months after familiarising himself/herself with it, appeal to a court an act issued with respect to his/her discharge from the Armed Forces of Georgia, according to the procedure established by the legislation of Georgia.

Law of Georgia No 1699 of 24 September 2009 - LHG I, No 29, 12.10.2009, Art. 182

Law of Georgia No 2101 of 7 March 2014 - website, 19.3.2014

Article 21 - Discharge from military service

1. Servicemembers are discharged from military service on the basis of this Law and other legislative acts of Georgia.

2. Servicemembers may be discharged from military service on the following basis:

a) attainment of retirement age;

b) illness;

c) reorganisation and lay-offs;

d) incompatibility;

e) behaviour degrading the honour of a servicemember;

f) after a decision is rendered by a court, for committing a grave or especially grave crime;

g) resignation, if he/she has served as an officer for at least 10 years;

h) violation of the contract terms, expiration of the contract or by agreement of the parties;

i) a personal application of the servicemember, as an exception, based on justified reasons and certified by the appropriate documents (grave family circumstances, permanent relocation to a foreign country, election or appointment to office in bodies of state authority).

3. A servicemember, who has been unreasonably and unlawfully discharged from military service must be reinstated by the Minister of Defence or the head of the appropriate agency to the same position and in the same military unit where the servicemember had been doing military service before the discharge; an officer with the highest military rank shall be reinstated by the Supreme Commander-in-Chief of the Armed Forces of Georgia. The period of time involuntarily missed due to the discharge shall be included in the length of service of the servicemember. A servicemember may apply to a court to defend his/her own rights.

Law of Georgia No 525 of 5 April 2013 - website, 24.4.2013

Chapter III – Duties and Liabilities of Servicemembers for Offences

Article 22 - Duties of Servicemembers

The protection of state sovereignty and territorial integrity of Georgia, maintenance of internal and external security of the country and repelling armed attacks and aggression constitutes the essence of military duty, which, requires that servicemembers:

a) strictly fulfil the requirements of the military oath and military regulations, faithfully serve Georgia and fulfil military duties;

b) improve their military, technical and general knowledge;

c) master and, if necessary, use the entrusted weapons and military equipment;

d) take care of the state and public property;

e) protect their military rank, honour and dignity;

f) strictly keep entrusted military and state secrets;

g) obey his/her commander (officer-in-charge) and accurately and timely execute his/her orders and commands.

Article 23 - Liability for assault and insult against servicemembers

1. Servicemembers are protected by the State. Their life, health, honour and dignity are protected by law.

2. Disobedience to the lawful demands of servicemembers, or physical abuse of, resistance to and violence against servicemembers, or threats or infringement upon the life of servicemembers in the course of their official duties, or other acts that prevent servicemembers from performing their assigned duties, shall incur liability provided for by the legislation of Georgia.

Article 24 - Liability of servicemembers for offences

1. A servicemember shall be subject to disciplinary, administrative, civil or criminal liability depending on the nature and severity of the committed offence.

2. For the misconduct related to violation of military discipline and military dignity, a servicemember shall be held liable according to the Basic Military Regulations.

3. A military commander (officer-in-charge) may not give orders or commands that are not related to military service, or are unlawful.

Chapter IV – Transitional and Final Provisions

Article 25 - Transitional provision

Articles 12, 17, 19 and Article 16(3 and 4) of this Law shall enter into force from 1 January 1999.

Article 26 - Entry into force of the Law

This Law shall enter into force upon promulgation.

The President of Georgia                                                                                                                                 Eduard Shevardnadze

Tbilisi,

25 June 1998

No 1462–IIS