Law of Georgia on the Defence of Georgia

LAW OF GEORGIA

ON THE DEFENCE OF GEORGIA

Chapter I – General Provisions

Article 1 - Scope of the Law

This Law determines the basis and organisation of the defence of Georgia, rights and obligations of state authorities, enterprises, institutions, organisations, officials and citizens in the field of defence.

Article 2 - Basis of defence

1. The defence of Georgia is a complex of political, economic, military, social, legal and other activities that provideprotection of the State, the citizens, the territory and the sovereignty of Georgia from armed attacks.   

2. The defence of Georgia is a constituent part of and one of the most significant functions of the national security of Georgia.

3. The defence is organised according to the Constitution of Georgia, other legislative and subordinate normative acts of Georgia, the National Security Concept of Georgia, the Threat Assessment Document of Georgia and the National Military Strategy of Georgia.

Law of Georgia No 803 of 10 July 2013 - website, 29.7.2013

Article 3 - Organisation of defence

The defence includes:

a) legal regulation of defence;

b) prediction and assessment of the threat of war;

c) development, training and operational readiness of the military forces;

d) production and improvement of weapons and military equipment;

e) readiness for mobilisation of the economy, state government and local self-government bodies, enterprises, organisations and citizens of the country;  

f) creation of mobilisation reserves of material assets;

g) planning and implementation of defence activities;

h) preparation of territories and communications for defence purposes;

i) protection of state secrets;

j) development of military science;

k) international cooperation for state defence.

Law of Georgia No 3651 of 10 November 2006 - LHG I, No 44, 27.11.2006, Art. 299

Chapter II

Powers and Obligations of Higher State Authorities, Enterprises, Institutions, Organisations and Citizens of Georgia in the Field of Defence

Article 4 - Powers of the Parliament of Georgia in the field of defence

1. The Parliament of Georgia shall:

a) approve the National Security Concept of Georgia and define the state policy of defence;

b) approve the Military Doctrine and the Military Development Concept of Georgia;

c) adopt laws in the field of defence;

d) approve the text of the military oath;

e) review and approve the defence budget together with the State Budget;

f) approve the number of military forces;

g) ratify, denounce and annul international military agreements and treaties;

h) control development of the military forces of Georgia and compliance with the legislation of Georgia in the field of defence.

2. The Defence and Security Committee of the Parliament of Georgia shall perform functions in the field of defence under the Law of Georgia on Committees of the Parliament of Georgia.

Law of Georgia No 803 of 10 July 2013 - website, 29.7.2013

Article 5 - Powers of the President of Georgia in the field of defence

1. The President of Georgia is the Commander-in-Chief of Georgian Military Forces under the Constitution of Georgia.

2. The President of Georgia shall:

a) approve the structure of the military forces of Georgia and Army Regulations or determine a person who is authorised to approve Army Regulations;

b) approve flags and banners of the military forces of Georgia;

c) grant state awards and higher military ranks;

d) declare martial law during armed attacks against Georgia,  make peace under appropriate conditions and submit these decisions to the Parliament of Georgia not later than 48 hours for approval;

e) declare states of emergency in the whole territory of the country or in certain parts of it and submit the decision to the Parliament of Georgia not later than 48 hours for approval during hostilities or mass disorders, violation of the territorial integrity of the country, military coups and armed uprisings, ecological disasters and epidemics or in any other case when state authorities cannot normally exercise their constitutional powers;

f) make a decision on entry, use and deployment of military forces of another state in the country for state defence in special cases and in cases determined by law and immediately submit such decision to the Parliament of Georgia for approval; 

g) conclude international agreements and treaties in the field of defence;

h) submit drafts of the Military Doctrine and the Military Development Concept of Georgia to the Parliament of Georgia for approval;

h¹) submit a draft National Security Concept of Georgia to the Parliament of Georgia for approval;

i) approve the plans for the development, use and mobilisation of the military forces of Georgia, as well as the plans for mobilisation of the state economy;

j) approve military-operational plans of the territory of Georgia;

k) approve plans for deployment of military forces and the location of military facilities in Georgia;

l) issue orders on conducting  military combat operations by military forces;

m) approve state programmes for development of weapons and military equipment;

n) make decisions on declaring mobilisation in the territory of Georgia;

o) approve the Civil Defence Plan of Georgia.

Law of Georgia No 4119 of 17 December 2010 - LHG I, No 75, 27.12.2010, Art. 475   

Law of Georgia No 803 of 10 July 2013 - website, 29.7.2013

Article 5¹ - Powers of the Government of Georgia in defence organisation

1. The Government of Georgia shall:

a) take necessary measures to ensure the defence and national security of  the country;

b) provide the military forces of Georgia with financial resources, military equipment and other material-technical means;

c) provide military personnel with social security measures;

d) take measures to protect the state borders;

e) exercise its powers in the field of defence under the Constitution of Georgia, other legislative acts and normative acts of the President of Georgia.

2. Appropriate governmental institutions shall allow members of North Atlantic Treaty Organisation (NATO) and representatives of the armed forces of the countries participating in the Partnership for Peace program to enter the territory of Georgia while performing their official duties according to the legislation of Georgia.

Law of Georgia No 643 of 9 December 2004 - LHG I, No 38, 24.12.2004, Art. 179

Law of Georgia No 3431 of 30 June 2006 - LHG I, No 27, 17.7.2006, Art. 227

Article 6 - Rights and obligations of enterprises, institutions, organisations and citizens of Georgia in the defence

Rights and obligations of enterprises, organisations and institutions in the field of defence (irrespective of their subordination and form of ownership), as well as of the citizens of Georgia shall be determined by the legislation of Georgia.

Chapter III

Designation, Composition and Management of the Military Forces of Georgia

Article 7 - Purpose of the military forces of Georgia

1. The purpose of the military forces of Georgia is to protect the independence, the sovereignty and the territorial integrity of Georgia, as well as to fulfil international obligations undertaken by Georgia.

2. Military forces shall not be used during a state of emergency or for fulfilling international obligations without consent of the Parliament of Georgia.

Article 8 - Composition of the military forces of Georgia

1. The military forces of Georgia consist of the Armed Forces of Georgia, and during the martial law – of the State Sub-Agency Institution of the Ministry of Internal Affairs of Georgia) –  the Border Police of Georgia.

2.  Georgian Armed Forces include the Land Forces of Georgia.

Law of Georgia No 1127 of 26 October 2001 - LHG I, No 33, 10.11.2001, Art. 133

Law of Georgia No 643 of 9 December 2004 - LHG I, No 38, 24.12.2004, Art. 179

Law of Georgia No 3149 of 25 May 2006 - LHG I, No 19, 1.6.2006, Art. 137

Law of Georgia No 781 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 249

Law of Georgia No 3018 of 27 April 2010 - LHG I, No 23, 4.5.2010, Art. 137

Article 9 - Administration and management of the military forces of Georgia

1. The Ministry for Defence of Georgia is a state management body of the Georgian Armed Forces and shall be responsible for training and developing Armed Forces and for implementing defence missions assigned to the Armed Forces.   

2. The Minister for Defence of Georgia shall be responsible for administration and management of the Ministry for Defence of Georgia. The Minister is a state-political official who shall ensure performance of duties assigned to the Ministry under the third paragraph of this article through the Civil Office of the Ministry in a manner provided by the legislation of Georgia.

3. The duties of the Civil Office of the Ministry for Defence of Georgia shall be:

a) generally managing the Georgian Armed Forces in order to implement policies adopted by the Parliament of Georgia for protecting the sovereignty and territorial integrity of the country;  

b) administering the defence policy of Georgia and participating in the development of the National Security Concept of Georgia;

c) participating in the development of legislation regulating the field of defence and monitoring strict adherence to it;

d) implementing political governance of the Georgian Armed Forces;

e) working out programmes and plans necessary for the readiness, development and improvement of the Georgian Armed Forces to ensure the defence capability of the country;

f) determining short-term and long-term foreign threats to the country and developing appropriate response plans by the Georgian Armed Forces;

g) developing material-financial projects necessary for ensuring readiness of the Georgian Armed Forces;

h) monitoring targeted spending and use of the defence budget and its material assets;  

i) developing defence policy plans and controlling their implementation;

j) taking appropriate measures to provide the military equipment necessary for improvement of the fighting capabilities of the Armed Forces and to provide their trainings;

k) drawing up plans for developing defence infrastructure and communications of the country;

l) developing and implementing Military-Political Educational and Human Resources Policy programmes for accomplishing the defence policy of the country;  

m) drawing up plans for international military-political cooperation and preparing draft international military agreements and treaties;

n) determining the intelligence policy of the Ministry and implementing its civil control;

o) developing types of service in the military forces by military personnel and controlling their service as determined by the legislation of Georgia;  

p) defining the policy of establishing the Armed Reserve Forces;

q) facilitating cooperation between the Armed Forces and the public in order to consolidate civil-military relations;

r) developing a system of medical care and social security measures for military personnel and their families;

s) facilitating establishment and development of preventive health centres for military personnel;

t) ensuring defence resource management.

3¹. The Ministry for Defence of Georgia shall submit to the Defence and Security Committee of the Parliament of Georgia information on unclassified state procurement to be performed, if the possible cost of goods or services to be procured exceeds GEL 2 000 000 (two million), and the possible cost of construction works to be procured exceeds GEL 4 000 000 (four million); also at least once a year the Ministry shall submit to the Committee a report on completed and ongoing operations related to state  procurement.    

4. The General Staff of Georgian Armed Forces ('the General Staff') is a structural subunit of the Ministry for Defence of Georgia which performs operational management of Georgian Armed Forces.

5. Regulations of the General Staff shall be approved by the President of Georgia.

6. The General Staff shall be managed by the Head of the General Staff who is a senior military advisor to the President of Georgia – the Commander-in-Chief of the Georgian Armed Forces, and shall be responsible for implementation of the functions assigned to the General Staff under the seventh paragraph of this article.  

7. The General Staff shall:

a) ensure military training and development of the Georgian Armed Forces and performance of their tasks;

b) ensure operational and mobilisation readiness of the Georgian Armed Forces;

c) manage military forces during periods of martial law;

d) develop a management system of the Georgian Armed Forces;

e) develop and implement programmes for training the Reserves of the Georgian Armed Forces;

f) submit proposals to the Ministry for Defence of Georgia on updating legislation within its authority;

g) carry out military cooperation in conformity with international agreements and treaties of Georgia;

h) develop plans of national security of Georgia;

i) submit to the Ministry for Defence of Georgia the budgetary requirements of the Georgian Armed Forces and recommendations on allocation of funds;   

j) submit to the Ministry for Defence of Georgia requirements for providing the Georgian Armed Forces with ammunition, military equipment and other material resources;   

k) ensure targeted spending of the funds allocated for the Georgian Armed Forces;

l) determine plans for staffing, training and instructing the Georgian Armed Forces;

m) perform intelligence activities within its  authority;

n) distribute ammunition, military equipment and other material resources according to the types of units in the Georgian Armed Forces;

o) develop mobilisation plans;

p) implement programmes and plans necessary to accomplish the readiness and development of the Georgian Armed Forces;

q) take measures to prevent short-term and long-term threats defined by the Ministry for Defence of Georgia;

r) create and develop the infrastructure necessary for the Georgian Armed Forces to function;

s) ensure service of military personnel in the military service as  determined by legislation;

t) ensure placement of military personnel to serve in appropriate military  subunits;

u)  introduce military personnel to military-educational institutions to obtain appropriate education and to upgrade qualifications;

v) draw up  a list of military positions according to the registered military  specialties;

w) determine qualification requirements for each military position;

x) determine place and time of military-reserve service;

y) perform other functions  as determined by the legislation and General Staff regulations;

8.  When martial law is declared, the state sub-agency institution of the Ministry for Internal Affairs of Georgia – the Border Police of Georgia – shall fall under the Georgian Armed Forces.

9. Types, structures and rules of management of the military forces shall be determined by law.

Law of Georgia No 1127 of 26 October 2001- LHG I, No 33, 10.11.2001, Art. 133

Law of Georgia No 643 of 9 December 2004 - LHG I, No 38, 24.12.2004, Art. 179

Law of Georgia No 3149 of 25 May 2006 - LHG I, No 19, 1.6.2006, Art. 137

Law of Georgia No 4193 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 366

Law of Georgia No 4747 of 11 May 2007 - LHG I, No 18, 22.5.2007, Art. 161

Law of Georgia No 721 of 12 June 2013 - website, 3.7.2013

Law of Georgia No 803 of 10 July 2013 - website, 29.7.2013

Chapter III¹

Transitional Provisions

Law of Georgia No 781 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 249

Article 9¹ – Transitional provisions

1. Before 1 February 2009 the subunits of marine forces of the Georgian Armed Forces, their ammunition as well as material and technical resources on their balance sheets as determined by the Ministry for Defence of Georgia shall be transferred to the State Sub-Agency Institution of the Ministry for Internal Affairs of Georgia – the Border Police of Georgia.

2. Financial liabilities of marine forces of Georgian Armed Forces shall not be transferred to the State Sub-Agency Institution of the Ministry for Internal Affairs of Georgia – the Border Police of Georgia.

Law of Georgia No 781 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 249

Chapter IV

Final Provisions

Article 10 - Entry of this Law into force

This Law shall enter into force upon promulgation.

Article 11 - A normative act that shall become invalid upon entry of this Law into force

The Law of the Republic of Georgia of 22 December 1992 on the Defence of the Republic of Georgia (the Gazette of the Parliament of Georgia, 1992, No 2, Art. 94) shall be invalid upon entry of this Law into force. 

President of Georgia                                                                                               Eduard Shevardnadze

Tbilisi,

31 October 1997

No 1030 – IS