Constitution of Georgia

Constitution of Georgia
Document number 786
Document issuer Parliament of the Republic of Georgia
Date of issuing 24/08/1995
Document type Constitutional Court of the Republic of Georgia
Source and date of publishing Departments of the Parliament of Georgia, 31-33, 24/08/1995
Registration code 010.010.000.01.001.000.116
Consolidated publications

Consolidated version (final)

CONSTITUTION OF GEORGIA

 

We, the citizens of Georgia, whose firm will is to establish a democratic social order, economic freedom, a rule-of-law and a social state, to secure universally recognised human rights and freedoms, to enhance state independence and peaceful relations with other peoples, drawing inspiration from centuries-old traditions of statehood of the Georgian nation and the historical-legal legacy of the Constitution of Georgia of 1921, proclaim the present Constitution before God and the nation.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

CHAPTER ONE - General Provisions

 

Article 1

1. Georgia is an independent, unified, and indivisible state, as confirmed by the Referendum of 31 March 1991 held throughout the territory of the country, including the Autonomous Soviet Socialist Republic of Abkhazia and the Former Autonomous Region of South Ossetia, and by the Act of Restoration of State Independence of Georgia of 9 April 1991.

2. The political structure of the State of Georgia is a democratic republic.

3. ‘Georgia’ is the name of the State of Georgia.

 

Article 2

1. The territory of the State of Georgia is determined as of 21 December 1991. The territorial integrity of Georgia and the inviolability of state borders is acknowledged by the Constitution and laws of Georgia, and recognised by the world community of nations and international organisations.

2. Alienation/transfer of the territory of Georgia shall be prohibited. The state borders may be changed only by a bilateral agreement with a neighbouring state.

3. Constitutional law shall determine the territorial state structure of Georgia on the basis of the principle of delimitation of powers after the complete restoration of jurisdiction of Georgia over the whole territory of the country.

4. The citizens of Georgia registered in a self-governing unit shall regulate the affairs of local importance through local self-government, without prejudice to the state sovereignty, according to the legislation of Georgia. State authorities shall promote the development of local self-governance.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 3

1. The following shall fall within the exclusive competence of supreme state authorities of Georgia:

a) legislation on Georgian citizenship, human rights and freedoms, emigration and immigration, entering and leaving the country, temporary or permanent stay of aliens and stateless persons in Georgia

b) status, regime, and protection of the state borders, status and protection of territorial waters, airspace, continental shelf and Exclusive Economic Zone

c) state defence and security, military forces, military industry, and trade in arms

d) issues of war and peace, determination and introduction of legal regime of state of emergency and martial law

e) foreign policy and international relations

f) foreign trade, customs and tariff treatment

g) state finances and state loans, money issuing, as well as banking, credit, insurance, and tax legislation

h) standards and models, geodesy and cartography, determination of exact time, state statistics

i) integrated power system and setting, communications, merchant fleet, ensigns, harbors of state significance, airports and aerodromes, control of airspace, transit and air transport, registration of air transport, meteorological service, environmental observation systems

j) railways and motor roads of state significance

k) fishing in oceans and high seas

l) sanitary cordon on borders

m) pharmaceutical legislation

n) legislation on accreditation of educational institutions and academic degrees

o) intellectual property legislation

p) trade, criminal, civil, administrative and labour, penitentiary and procedural legislation

q) criminal police and investigation

r) land, minerals, and natural resources legislation.

2. Issues falling within the joint competence shall be determined separately.

3. The status of the Autonomous Republic of Ajara shall be determined by the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara.

4. The status of the Autonomous Republic of Abkhazia shall be determined by the Constitutional Law of Georgia on the Status of the Autonomous Republic of Abkhazia.

5. The status and powers of Lazika city shall be defined in an organic law of Georgia.

Constitutional Law of Georgia No 260 of 20 April 2000 - LHG I, No 15, 25.4.2000, Art. 36

Constitutional Law of Georgia No 1689 of 10 October 2002 - LHG I, No 28, 28.10.2002, Art. 128

Constitutional Law of Georgia No 4135 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 46

Constitutional Law of Georgia No 6602 of 29 June 2012 - website, 10.7.2012

 

Article 4

1. After appropriate conditions have been created and local self-government bodies have been formed throughout the territory of Georgia, 2 chambers shall be set up within the Parliament of Georgia: the Council of Republic and the Senate.

2. The Council of Republic shall consist of members elected under the principle of proportionality.

3. The Senate shall consist of members elected from the Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara, and other territorial units of Georgia, as well as 5 members appointed by the President of Georgia.

4. The composition, powers, and election procedure of the chambers shall be defined by an organic law.

Constitutional Law of Georgia No 260 of 20 April 2000 - LHG I, No 15, 25.4.2000, Art. 36

Constitutional Law of Georgia No 1689 of 10 October 2002 - LHG I, No 28, 28.10.2002, Art. 128

 

Article 5

1. People shall be the source of state authority in Georgia. State authority shall be exercised within the ambit of the Constitution.

2. People shall exercise their power through a referendum, other forms of direct democracy, and their representatives.

3. No one shall have the right to appropriate or illegally seize power.

4. State authority shall be exercised under the principle of separation of powers.

 

Article 6

1. The Constitution of Georgia shall be the supreme law of the State. All other legal acts shall comply with the Constitution.

2. The legislation of Georgia shall comply with the universally recognised principles and rules of international law. A treaty or international agreement of Georgia, unless it comes into conflict with the Constitution or the Constitutional Agreement of Georgia, shall take precedence over domestic normative acts.

Constitutional Law of Georgia No 826 of 30 March 2001 - LHG I, No 9, 10.4.2001, Art. 33

 

Article 7

The State shall recognise and protect universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law.

 

Article 8

The official language of Georgia shall be Georgian. The official language of the Autonomous Republic of Abkhazia shall be Georgian and Abkhazian.

Constitutional Law of Georgia No 1689 of 10 October 2002 - LHG I, No 28, 28.10.2002, Art. 128

 

Article 9

1. The State shall declare absolute freedom of belief and religion. At the same time, the State shall recognise the outstanding role of the Apostolic Autocephalous Orthodox Church of Georgia in the history of Georgia and its independence from the State.

2. Relations between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia shall be governed by Constitutional Agreement. Constitutional Agreement shall be in full compliance with the universally recognised principles and norms of international law, specifically in terms of human rights and fundamental freedoms.

Constitutional Law of Georgia No 826 of 30 March 2001 - LHG I, No 9, 10.4.2001, Art. 33

 

Article 10

Tbilisi is the capital of Georgia.

 

Article 11

The state symbols of Georgia shall be defined by an organic law.

 

CHAPTER TWO - Citizenship of Georgia; Fundamental Human Rights and Freedoms

 

Article 12

1. Georgian citizenship shall be acquired by birth and naturalisation.

2. A citizen of Georgia may not have dual citizenship as a citizen of another state except as provided for by this paragraph. The President of Georgia may grant Georgian citizenship to an alien who has made a contribution of exceptional merit to Georgia. The President of Georgia may also grant Georgian citizenship to an alien based on state interests. 

3. The procedure for acquisition and loss of Georgian citizenship shall be defined by an organic law.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

Article 13

1. Georgia shall protect its citizens regardless of their whereabouts.

2. No one shall be deprived of his/her citizenship.

3. Expulsion of a Georgian citizen from Georgia shall be inadmissible.

4. Transfer of a Georgian citizen to a foreign state shall be inadmissible, except as provided for by an international agreement. A decision on transfer may be appealed in court.

 

Article 14

Everyone is born free and is equal before the law regardless of race, colour of skin, language, sex, religion, political or other opinions, national, ethnic and social affiliation, origin, property or social status, place of residence.

 

Article 15

1. Life is an inviolable human right and shall be safeguarded by law.

2. No one shall be condemned to the death penalty.

Constitutional Law of Georgia No 4137 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 48

 

Article 16

Everyone shall have the freedom to develop their own personality.

 

Article 17

1. Human honor and dignity shall be inviolable.

2. No one shall be subjected to torture, cruel, inhuman, or degrading treatment or punishment.

3. Physical or mental coercion of a detainee or a person whose liberty has been otherwise restricted shall be inadmissible.

Constitutional Law of Georgia No 4137 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 48

 

Article 18

1. Human liberty shall be inviolable.

2. Imprisonment or other restrictions of personal liberty shall be inadmissible without a court decision.

3. A specially authorised official may arrest a person in the cases provided for by law. A detainee or a person whose liberty has been otherwise restricted shall be brought before a court of competent jurisdiction not later than 48 hours. If the court does not adjudicate upon detention or any other kind of liberty restriction within the following 24 hours, the person shall be released forthwith.

4. (Deleted – 27.12.2006, No 4137).

5. An arrestee or a detainee shall be made aware of his/her rights and the grounds for liberty restriction upon his/her arrest or detention. An arrestee or a detainee may request the assistance of an advocate upon his/her arrest or detention and the request shall be satisfied.

6. Pre-trial detention period shall not exceed nine months.

7. Violation of the provisions of this article shall be punishable by law. A person arrested or detained unlawfully shall have the right to compensation.

Constitutional Law of Georgia No 4137 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 48

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 19

1. Everyone has the right to freedom of speech, thought, conscience, religion, and belief.

2. No one shall be persecuted because of his/her speech, thought, religion or belief, or be compelled to express his/her opinion about them.

3. Freedoms listed in this article may not be restricted unless expression thereof infringes on the rights of others.

 

Article 20

1. Every individual's private life, home, personal papers, correspondence, communication by telephone, and by other technical means, including messages received through other technical means, shall be inviolable. The above rights may be restricted only by a court decision, or in absence of a court decision, if urgently necessary, as provided for by law.

2. No one shall have the right to enter a place of residence or other possessions against the will of possessors, nor conduct a search unless there is a court decision or urgent necessity provided for by law.

 

Article 21

1. The right to own and inherit property shall be recognised and inviolable. Abrogation of the universal right to ownership, acquisition, alienation, or inheritance of property shall be inadmissible.

2. The rights listed in paragraph 1 of this article may be restricted for pressing social needs in the case and under the procedure provided for by law so that the essence of property right is not violated.

3. Property may be deprived for pressing social needs as provided for by law, by court decision, or if urgently necessary under an organic law, provided that preliminary, full, and fair compensation is made. Compensation shall be exempted from any taxes and fees.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 22

1. Everyone lawfully within the territory of Georgia shall have the right to liberty of movement and freedom to choose his/her residence within that territory.

2. Everyone lawfully within the territory of Georgia shall be free to leave the country.

3. The above rights shall not be subject to any restrictions, except the restrictions provided for by law are necessary to protect national security, public safety, public health, or to prevent crime or to administer justice insofar as is necessary to maintain a democratic society.

4. A citizen of Georgia shall be free to enter Georgia.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 23

1. Freedom of intellectual creativity shall be guaranteed. The right to intellectual property shall be inviolable.

2. Interference in creative work or censorship in the field of creative activity shall be inadmissible.

3. Creative work shall not be seized and its dissemination shall not be prohibited unless it infringes on the legal rights of other individuals.

 

Article 24

1. Everyone shall be free to receive and disseminate information, to express and disseminate his/her opinion orally, in writing, or otherwise.

2. Mass media shall be free. Censorship shall be inadmissible.

3. Neither the State nor particular individuals shall have the right to monopolise mass media or the means of dissemination of information.

4. Exercise of rights listed in 1 and 2 of this article may be restricted by law, to the extent and insofar as is necessary in a democratic society, in order to guarantee state security, territorial integrity or public safety, to prevent crime, to safeguard rights and dignity of others, to prevent the disclosure of information acknowledged as confidential, or to ensure the independence and impartiality of justice.

 

Article 25

1. Everyone, except those within the composition of military forces and the Ministry for Internal Affairs, shall have the right to public assembly without arms, either indoors or outdoors, without prior permission.

2. A law may determine the need for prior notification to the state authority if a public assembly or a manifestation is to be held on a public thoroughfare.

3. State authority may terminate a public assembly or a manifestation only if it assumes unlawful character.

Constitutional Law of Georgia No 2494 of 23 December 2005 - LHG I, No 1, 4.1.2006, Art. 1

 

Article 26

1. Everyone shall have the right to establish and join public associations, including trade unions.

2. Citizens of Georgia shall have the right to form a political party or other political associations and participate in their activities according to organic law.

3. Formation and activity of public and political associations that aim to overthrow or forcibly change the constitutional order of Georgia, to infringe on the independence and territorial integrity of the country, or to propagandise war or violence, to stir up national, ethnic, religious, or social strife, shall be inadmissible.

4. Creation of paramilitary forces by public and political associations shall be inadmissible.

5. A person enrolled in the military forces or the bodies of internal affairs, or a person having been appointed as a judge or as a prosecutor shall cease his/her membership in any political association.

6. Activity of public or political associations may be suspended or prohibited only by a court decision in the cases and under the procedure provided for by organic law.

Constitutional Law of Georgia No 2494 of 23 December 2005 - LHG I, No 1, 4.1.2006, Art. 1

 

Article 27

The State may impose restrictions on the political activity of aliens and stateless persons.

 

Article 28

1. Every citizen of Georgia, who has attained the age of 18, shall have the right to participate in referenda and elections of state and self-government bodies. Free expression of the will of voters shall be guaranteed.

2. Citizens who have been found legally incapable by court or who have been deprived of their liberty by a court decision shall have no right to participate in elections and referenda, except persons having committed crimes of little gravity.

Constitutional Law of Georgia No 5630 of 27 December 2011– website, 9.1.2012

 

Article 29

1. Every citizen of Georgia shall have the right to hold any public office if they meet the requirements established by law.

11. A citizen of Georgia who is at the same time a citizen of any foreign country may not hold the office of President, Prime Minister, or Chairperson of the Parliament of Georgia.

2. The requirements for state service shall be defined by Law.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 30

1. No one shall be required to perform forced labour.

2. The State shall be bound to promote free enterprise and competition. Monopolistic activity shall be prohibited, except as permitted by law. Consumer rights shall be protected by law.

3. The State shall protect the labour rights of the citizens of Georgia abroad on the basis of international agreements governing labour relations.

4. Organic law shall define protection of labour rights, fair compensation for work and safe, healthy working conditions, as well as working conditions for minors and women.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 31

The State shall guarantee equal socio-economic development for all regions of the country. Special privileges to ensure the socio-economic progress of high mountain regions shall be established by law.

 

Article 32

The State shall promote helping the unemployed find work. Conditions for ensuring some minimum standard of living and status for the unemployed shall be determined by law.

 

Article 33

The right to strike shall be recognised. The procedure for exercising this right shall be determined by law. The guarantees for the activity of offices of vital importance shall also be established by law.

 

Article 34

1. The State shall support the development of culture, unrestricted participation of citizens in cultural life, expression and enrichment of cultural origins, recognition of national and universal values, and deepening of international cultural relations.

2. Every citizen of Georgia shall be obliged to protect and preserve their cultural heritage. The State shall protect cultural heritage by law.

 

Article 341

The State shall facilitate the physical development of adults and youth as well as their engagement in sports through cooperation with educational institutions and sports associations.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 35

1. Everyone shall have the right to education. Freedom of choice in education shall be guaranteed.

2. The State shall ensure harmony of the national educational system within international educational environment.

3. The State shall guarantee pre-school education as determined by law. Elementary and basic education shall be compulsory. General education shall be fully funded by the State according to law. Citizens shall have the right to state-funded vocational and higher education under the procedure and to the extent as provided for by law.

4. The State shall support educational institutions as determined by law.

Constitutional Law of Georgia No 2597 of 23 July 2003 - LHG I, No 23, 12.8.2003, Art. 168

Constitutional Law of Georgia No 4135 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 46

 

Article 36

1. Marriage shall be based on the equality of rights and free will of spouses.

2. The State shall promote family welfare.

3. The rights of mothers and children shall be safeguarded by law.

 

Article 37

1. Everyone shall have the right to health insurance as a means of affordable medical aid. Free medical aid shall be guaranteed under the procedure and to the extent as provided for by law.

2. The State shall exercise control over all healthcare institutions, as well as over the production and trade of medicines.

3. Everyone shall have the right to live in a healthy environment and to use the natural and cultural environment. Everyone shall be obliged to protect the natural and cultural environment.

4. Taking into account the interests of current and future generations, the State shall guarantee environmental protection and rational use of nature in order to ensure a safe environment for human health and maintain sustainable development of the country in line with the ecological and economic interests of society.

5. Everyone shall have the right to complete, objective, and timely information about environmental conditions.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 38

1. Citizens of Georgia shall be equal in their social, economic, cultural, and political lives irrespective of national, ethnic, religious, or language origin. According to universally recognised principles and rules of international law, citizens of Georgia shall have the right to develop their culture freely, use their mother tongue in private and in public, without any discrimination and interference.

2. According to universally recognised principles and rules of international law, minority rights shall be exercised so as not to contradict the sovereignty, state system, territorial integrity, and political independence of Georgia.

 

Article 39

The Constitution of Georgia shall not deny other universally recognised rights, freedoms, and guarantees of an individual and a citizen that are not expressly referred to herein but stem inherently from the principles of the Constitution.

 

Article 40

1. An individual shall be presumed innocent until found guilty as provided for by law and by a final court judgement of conviction.

2. No one shall be obliged to prove his/her innocence. Burden of proof shall rest with the prosecutor.

3. A decision to commit an accused for trial, bill of indictment, and judgement of conviction shall be based only on incontrovertible evidence. Any suspicion that cannot be proved as provided for by law shall be solved in favour of the accused.

 

Article 41

1. Every citizen of Georgia shall have the right of access to information as determined by law, as well as to official documents about him/her stored in state institutions, unless they contain state, professional, or commercial secrets.

2. Information contained in official records pertaining to health, finances, or other private matters of an individual shall not be made available to anyone without the prior consent of the individual in question, except as determined by law, when doing so is necessary to safeguard national security or public safety, or the health, rights, and freedoms of others.

 

Article 42

1. Everyone shall have the right to apply to the court for protection of his/her rights and freedoms.

2. Everyone shall be tried only by the court that has jurisdiction over the particular case.

3. The right to a defence shall be guaranteed.

4. No one shall be tried twice for the same offence.

5. No one shall be held responsible for an action that did not constitute an offence at the time it was committed. No law shall have retroactive force unless it reduces or abrogates responsibility.

6. An accused shall have the right to request attendance and examination of witnesses on his/her behalf under the same conditions as the prosecution witnesses.

7. Evidence obtained unlawfully shall have no legal force.

8. No one shall be obliged to testify against themselves or against their familiars that are determined by law.

9. Any person, who has illegally sustained damage inflicted by the State, Autonomous Republics, or self-government bodies and officials, shall be guaranteed by the court to receive full compensation accordingly from the funds of the State, Autonomous Republic, and local self-government.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 43

1. Supervision over protection of human rights and freedoms within the territory of Georgia shall be exercised by the Public Defender of Georgia who shall be elected for a five-year term by a majority of the total number of members of the Parliament (‘the MPs’) of Georgia.

2. The Public Defender shall have the right to reveal facts of violation of human rights and freedoms and inform corresponding bodies and officials thereof. Impediments to the activities of the Public Defender shall be punishable by law.

3. The powers of the Public Defender shall be determined by an organic law.

 

Article 44

1. Everyone who lives in Georgia shall be obliged to observe the Constitution and legislation of Georgia.

2. The exercise of human rights and freedoms shall not infringe on the rights and freedoms of others.

 

Article 45

The fundamental human rights and freedoms referred to in the Constitution, in terms of the context thereof, shall apply to legal persons as well.

 

Article 46

1. The President of Georgia shall have the right to restrict the rights and freedoms listed in Articles 18, 20, 21, 22, 24, 25, 30, 33, and 41 of the Constitution either throughout the territory of Georgia or in any part thereof during a state of emergency or martial law. The President of Georgia shall be obliged to submit the decision to Parliament for approval not later than 48 hours.

2. If a state of emergency or martial law has been introduced throughout the country, any presidential, parliamentary, or other elections of representative bodies shall be held once the state of emergency or martial law is rescinded. If the state of emergency has been introduced in any part of the country, a decision for holding elections in the rest of the country shall be made by the Parliament of Georgia.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

Article 47

1. Aliens and stateless persons living in Georgia shall have the rights and obligations equal to those of the citizens of Georgia except as provided for by the Constitution and law.

2. Georgia shall grant asylum to aliens and stateless persons according to universally recognised rules of international law, as determined by law.

3. No asylum seeker shall be transferred to another state if he/she is persecuted for his/her political creed or an action not considered a crime under the legislation of Georgia.

 

CHAPTER THREE - Parliament of Georgia

 

Article 48

The Parliament of Georgia shall be the supreme representative body of the country. It shall exercise legislative power, determine the main directions of domestic and foreign policy, exercise control over Government activity within the realm of the Constitution, and perform other duties.

 

Article 481

1. The Parliament of Georgia shall reside in the city of Kutaisi.

2. Only during a state of emergency or martial law may the residency of the Parliament of Georgia be temporarily changed to convene meetings or sessions.

Law of Georgia No 1674 of 24 September 2009 - LHG I, No 29, 12.10.2009, Art. 157

Constitutional Law of Georgia No 4985 of 1 July 2011– website, 14.7.2011

 

Article 49

1. Before the conditions under Article 4 of the Constitution of Georgia have been created, the Parliament of Georgia shall consist of 77 members elected by a proportional voting system and 73 members elected by a majoritarian voting system. The MPs shall serve for a term of four years based on universal, equal, and direct suffrage through secret ballot.

2. Any citizen who is twenty-one years old and has the right to vote may be elected as an MP.

3. The internal structure and work procedure of Parliament shall be determined by Parliamentary Rules.

4. Compared to the amount of budgetary funds allocated from the previous year, the current costs earmarked in the State Budget for the Parliament of Georgia may be reduced only by prior consent of Parliament. Parliament shall, at its sole discretion, make a decision on the distribution of budgetary funds earmarked for Parliament in the State Budget. 

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 1010 of 23 February 2005 - LHG I, No 8, 10.3.2005, Art. 57

Constitutional Law of Georgia No 5853 of 12 March 2008 - LHG I, No 3, 13.3.2008, Art. 8

Constitutional Law of Georgia No 5630 of 27 December 2011– website, 9.1.2012

Constitutional Law of Georgia No 6238 of 22 May 2012– website, 29.5.2012

 

Article 50

1. A political union of citizens, registered as determined by law, shall have the right to stand for elections if the initiative is supported by the signatures of voters under an organic law or if it has a representative in Parliament at the time when elections are scheduled. The number of signatures of voters determined by organic law shall not exceed 1% of the number of voters. The procedure and conditions for participating in an election under the majoritarian system shall be determined by electoral legislation.

2. MP seats, as a result of an election held under the majoritarian system, shall be distributed only among political associations and electoral blocks that have obtained at least 5% of votes from those participating in the elections. The electoral subjects who have obtained fewer seats than needed for the creation of a parliamentary faction shall be given seats, after the distribution of MP seats, to fill seats based on the minimum amount necessary to set up a faction under the legislation of Georgia. The procedure for distribution of MP seats, as a result of the election held under the majoritarian system, shall be determined by electoral legislation.

21. Regular parliamentary elections shall be held during the month of October in the calendar year when Parliament’s term of office expires. The President of Georgia shall fix the date of elections not later than 60 days before the elections.

3. If the date for holding elections coincides with a state of emergency or martial law, the elections shall be held on the 60th day after the state of emergency has been lifted. The President of Georgia shall fix the date for elections upon lifting the state of emergency or martial law. In the case of the early dissolution of Parliament, extraordinary elections shall be held on the 60th day after the edict of dissolution of Parliament comes into force. The President of Georgia shall fix the date for extraordinary elections once the edict of dissolution for Parliament comes into force.

31. Parliament shall terminate its activity after a presidential edict of dissolution of Parliament comes into force. During the period from the coming into force the presidential edict of dissolution to the first meeting of the newly elected Parliament, the dissolved Parliament shall convene only to make a decision on approval and/or extension of a state of emergency or martial law, but only if President has declared a state of emergency or martial law. Unless Parliament convenes within five days or approves (extends) the presidential edict for declaration (extension) of a state of emergency, the declared state of emergency shall be canceled. Martial law shall be canceled if Parliament does not approve the presidential edict for declaration (extension) of martial law within 48 hours after it has convened. Convening Parliament shall not lead to the restoration of parliamentary posts and salaries of MPs. Parliament shall cease its activity upon making decisions on the above issues.

4. The powers of Parliament shall cease immediately at the first meeting of the newly elected Parliament.

5. The procedure for an MP election and his/her eligibility to stand for an election shall be defined by the Constitution and organic law.

Constitutional Law of Georgia No 2221 of 20 July 1999 - LHG I, No 35(42), 28.7.1999, Art. 169

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 4133 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 44

Constitutional Law of Georgia No 5853 of 12 March 2008 - LHG I, No 3, 13.3.2008, Art. 8

Constitutional Law of Georgia No 5630 of 27 December 2011 - website, 9.1.2012

 

Article 51

The first meeting of the newly elected Parliament of Georgia shall be held within 20 days after the elections. The President of Georgia shall fix the day for the first meeting. Parliament shall begin its work when the powers of at least two thirds of the MPs have been confirmed.

 

Article 511

The President of Georgia may dissolve Parliament only in the cases determined by the Constitution, except as follows:

a) within six months after holding parliamentary elections unless Parliament is dissolved on the basis of Article 80 of the Constitution;

b) while Parliament exercises the powers defined in Article 63 of the Constitution;

c) during a state of emergency or martial law;

d) within the last six months of the tenure of the President of Georgia unless Parliament is dissolved on the basis of Article 80 of the Constitution.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

Constitutional Law of Georgia No 496 of 25 March 2013 – website, 27.3.2013

 

Article 52

1. An MP is the representative of all Georgia. He/she shall enjoy free seat and cannot be recalled.

2. Arrest or detention of an MP, search of his/her place of residence, vehicle, workplace, or any personal search shall be permissible only by consent of Parliament, except when the MP is caught at the scene of crime, in which case Parliament shall be notified immediately. Unless Parliament gives its consent, the arrested or detained MP shall be released immediately.

3. MPs shall have the right not to testify about facts disclosed to them as an MP. Written materials associated with any parliamentary matter shall not be seized. MPs shall reserve these rights even after their term of office expires.

4. MPs shall not be prosecuted for their ideas and opinions expressed inside or outside Parliament while performing their duties.

5. MPs shall be guaranteed unhindered exercise of their powers. State bodies shall ensure personal safety of MPs based on their application.

6. Impeding deputies to exercise their powers shall be punishable by law.

Constitutional Law of Georgia No 6 of 23 April 2004 - LHG I, No 9, 3.5.2004, Art. 39

 

Article 53

1. An MP shall not hold state service or engage in entrepreneurial activity. Conflict of interests shall be determined by law.

2. An MP shall cease to hold office if he/she violates any requirement under the preceding paragraphs.

3. MPs shall receive a salary as determined by law.

 

Article 54

1. The recognition or early termination of office of an MP shall be settled by Parliament. The decision of Parliament may be appealed to the Constitutional Court.

2. The office of an MP shall be terminated early if:

a) the MP resigns by personal application;

b) a judgement of conviction comes into force against the MP;

c) the court recognises the MP as incapable, missing, or dead;

d) the MP holds a position or engages in an activity incompatible with the status of an MP;

e) the MP loses citizenship of Georgia;

f) the MP fails to participate in the work of Parliament for a period of four months without good reason;

g) the MP dies.

 

Article 55

1. The Parliament of Georgia, under the procedure provided for by Parliamentary Rules, for the term of its authority and by secret ballot, shall elect a Chairperson and Deputy Chairpersons. This shall include one Deputy Chairperson, among and upon the nomination of the MPs from the Autonomous Republic of Abkhazia, and one from the Autonomous Republic of Ajara.

2. The Chairperson of Parliament shall preside over parliamentary meetings, guarantee free expression of opinions, sign acts passed by Parliament, and perform other duties envisaged by Parliamentary Rules.

3. The Deputy Chairpersons of Parliament shall perform the duties of the Chairperson on his/her behalf in the case of the Chairperson’s disability or removal from office.

4. The Chairperson of Parliament shall perform all administrative duties in the House of Parliament as provided for by Parliamentary Rules.

Constitutional Law of Georgia No 260 of 20 April 2000 - LHG I, No 15, 25.4.2000, Art. 36

Constitutional Law of Georgia No 1689 of 10 October 2002 - LHG I, No 28, 28.10.2002, Art. 128

 

Article 56

1. Committees shall be set up in Parliament for the term of its authority. The committees shall prepare legislative issues in advance, facilitate implementing decisions, and exercise control over activities of the entities accountable to Parliament and of the Government.

2. Investigative or other interim commissions shall be established in Parliament in the cases envisaged by the Constitution and Parliamentary Rules, as well as if requested by at least one fifth of MPs. Parliament shall decide to establish an interim commission as determined by Parliamentary Rules. The parliamentary majority in an interim commission shall not represent more than half of the total number of commission members. 

3. At the request of an investigative commission, everyone shall be required to come to the meetings and submit all documents required for examination of issues.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 57

1. Parliament shall establish a Parliamentary Bureau to organise the work of Parliament. Members of the Parliamentary Bureau shall consist of the Chairperson and Deputy Chairpersons of the Parliament of Georgia, and the Chairpersons of parliamentary committees and parliamentary factions.

2. (Deleted – 15.10.2010, No 3710).

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 58

1. MPs may join a parliamentary faction. The number of the members in a parliamentary faction shall not be less than 6.

2. The powers of and the procedure for the establishment and operation of a parliamentary faction shall be determined by Parliamentary Rules and law.

Constitutional Law of Georgia No 1010 of 23 February 2005 - LHG I, No 8, 10.3.2005, Art. 57

Constitutional Law of Georgia No 343 of 10 October 2008 - LHG I, No 25, 23.10.2008, Art. 164

 

Article 59

1. An MP shall have the right to pose questions to and get answers from the bodies accountable to Parliament, as well as pose questions to and get answers from the Government, Government members, heads of executive bodies of territorial units at any level, state institutions.

2. A parliamentary faction consisting of at least 10 MPs shall have the right to pose questions to the bodies accountable to Parliament, the Government, and particular members of the Government whose obligation is to answer questions at the meeting of Parliament. The answer may become the subject of discussion by Parliament.

3. Parliament shall have the right to bring the Prime Minister’s attention, by an absolute majority of MPs, to the official responsibilities of specific members of the Government.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 60

1. Meetings of Parliament shall be public. By decision of a majority of MPs present, Parliament may declare a hearing or part thereof closed while discussing particular issues.

2. Any Government member, an official elected, appointed, or approved by Parliament, shall have the right and may be required to attend the Parliament, committee, or commission meetings, answer the questions raised at the meetings and present a report of activities performed. Parliament, committee, or commission shall hear the officials immediately upon request.

3. Voting at a plenary sitting of Parliament shall be open or secret. Voting shall be open except as provided for by the Constitution and law.

4. Records of open plenary sitting of Parliament shall be public.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 61

1. The Parliament of Georgia shall assemble in its official capacity for a regular session twice a year. The autumn session shall open on the first Tuesday of September and close on the third Friday of December, and spring session shall open on the first Tuesday of February and close on the last Friday of June.

2. The President of Georgia shall convene a special session of Parliament at the request of the Chairperson of Parliament, or that of not less than one fourth of MPs, or on the recommendation of the Government during the period between regular sessions. In the course of a regular session, the President shall convene a special meeting under the same procedure. Unless an act of summoning Parliament is issued within 48 hours after a written request, Parliament shall assemble within the following 48 hours according to Parliamentary Rules.

3. A special meeting of Parliament shall be held only with a defined agenda and shall close once the agenda has been completed.

4. Parliament shall assemble within 48 hours after President declares a state of emergency or martial law. Parliament shall work until the end of the state of emergency or martial law.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 62

Parliament’s decision on issues of war and peace, state of emergency, or martial law, as well as on issues defined in Article 46 of the Constitution, shall be adopted by a majority of the total number of MPs.

 

Article 63

1. In the cases provided for by Article 75(2) of the Constitution, Parliament acting with at least one third of the total number of MPs shall have the right to raise a question to remove the President of Georgia from office via impeachment. The issue shall be referred to the Constitutional Court of Georgia for decision.

2. If the Constitutional Court by its conclusion confirms components of crime in the actions of the President or confirms that the President has violated the Constitution by his/her actions, Parliament shall consider and vote for the removal of President from office via impeachment within not later than 15 days after the Court conclusion has been submitted.

3. The President shall be deemed removed from office via impeachment if at least two thirds of the total number of MPs supports the decision.

4. Unless Parliament decides to remove the President from office via impeachment within the term defined in paragraph 2 of this article, the impeachment procedure for the same issue shall not be initiated.

5. No impeachment procedure shall be implemented during war, state of emergency, or martial law. Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 64

1. At least one third of the total number of MPs shall have the right to raise the question of removing the Chairperson of the Supreme Court, members of the Government, auditor general of the State Audit Service and members of the Council of the National Bank from office via impeachment if they have violated the Constitution and/or committed an offence.

2. After having received the conclusion as provided for by Article 63(2), Parliament shall have the right to remove the officials listed in paragraph 1 of this article by a majority of the total number of MPs. Article 63(4) shall also apply to such cases.

Constitutional Law of Georgia No 344 of 10 October 2008 - LHG I, No 27, 27.10.2008, Art. 168

Constitutional Law of Georgia No 6239 of 22 May 2012 – website, 29.5.2012

 

Article 65

1. The Parliament of Georgia, acting by a majority of its members, shall ratify, denounce, and annul treaties and international agreements.

11. The Government of Georgia shall apply to the Parliament of Georgia for ratification, denunciation, and annulment of treaties and international agreements. In the cases provided for by paragraph 2(a-c) of this article, and also if the treaty (agreement) is signed by the President of Georgia, the President of Georgia shall apply to the Parliament of Georgia for ratification, denunciation, and annulment of treaties and international agreements that requires a countersignature by the Prime Minister.

2. Besides treaties and international agreements requiring ratification, it shall also be obligatory to ratify a treaty or international agreement which:

a) envisages Georgia joining an international organisation or interstate alliance;

b) is of a military nature;

c) concerns the territorial integrity or change of the state borders;

d) concerns the borrowing or lending of money by the State;

e) requires change of domestic legislation or adoption of laws and statutory acts necessary for the fulfilment of international obligations undertaken.

3. Parliament shall be notified of the conclusion of other treaties and international agreements.

4. If a constitutional claim or a submission has been lodged with the Constitutional Court, the respective treaty or international agreement shall not be ratified until the Constitutional Court passes its judgement.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 66

1. A draft law or a resolution shall be deemed adopted in Parliament if supported by a majority of the MPs present but at least by one third of the total number of MPs unless the Constitution determines another procedure for passing draft laws and resolutions.

11. A constitutional agreement shall be deemed approved if supported by not less than three fifths of the total number of MPs.

2. A draft organic law shall be deemed adopted if supported by more than half of the full list of MPs.

3. Parliament’s approval shall be given in the form of a resolution unless otherwise determined by the Constitution.

4. The procedure for adopting other decisions shall be defined by Parliamentary Rules.

Constitutional Law of Georgia No 826 of 30 March 2001 - LHG I, No 9, 10.4.2001, Art. 33

 

Article 67

1. The right of legislative initiative shall be granted to the Government, MPs, parliamentary factions, parliamentary committees, supreme representative bodies of the Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara, and not less than 30,000 voters.

2. Parliament shall give priority to consider the draft law submitted by the Government of Georgia upon request.

Constitutional Law of Georgia No 260 of 20 April 2000 - LHG I, No 15, 25.4.2000, Art. 36

Constitutional Law of Georgia No 1689 of 10 October 2002 - LHG I, No 28, 28.10.2002, Art. 128

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 68

1. A draft law passed by Parliament shall be submitted to the President of Georgia within seven days.

2. The President shall sign and promulgate the law within 10 days or return it to Parliament with justified comments.

3. If the President returns the draft law to Parliament, Parliament shall put the President’s comments to a vote. For the acceptance of the comments, the same number of votes shall suffice as determined by Article 66 of the Constitution for similar draft laws. If the comments are accepted, the final version of the draft law shall be submitted to the President to sign and promulgate within seven days.

4. If Parliament rejects the President’s comments, the initial version of the draft law shall be put to a vote. A draft law shall be deemed adopted if it is supported by a majority of the full list of MPs. A draft organic law shall be deemed adopted if it is supported by a majority of the total number of MPs. A constitutional draft law shall be deemed adopted if it is supported by at least three fourths of the total number of MPs.

5. If President fails to promulgate a law within the specified timeframe, the Chairperson of Parliament shall sign and promulgate it.

6. A law shall enter into force on the 15th day from its official promulgation unless another date is defined.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

Constitutional Law of Georgia No 5630 of 27 December 2011– website, 9.1.2012

 

CHAPTER FOUR - The President of Georgia

 

Article 69

1. The President of Georgia is the Head of the State of Georgia, the guarantor of national independence and unity of the country. The President of Georgia shall ensure the functioning of state bodies within the scope of his/her powers granted by the Constitution.

2. The President of Georgia is the Supreme Commander-in-Chief of the Armed Forces of Georgia.

3. The President of Georgia shall represent Georgia in foreign relations.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 70

1. The President of Georgia shall be elected through universal, equal, and direct suffrage by secret ballot for a term of five years. The same person may serve as a president only for two consecutive terms.

2. Any citizen of Georgia who is eligible to vote may be elected as the President of Georgia if he/she is thirty-five years old, has lived in Georgia for at least five years, and has been living in Georgia for the last three years before the election.

3. The right to nominate a candidate for the Presidency shall be vested with a political association of citizens or an initiative group. The nomination shall be supported by the signatures of voters as determined by organic law of Georgia. The number of signatures of voters referred to in organic law shall not exceed 1% of the total number of voters.

4. A candidate having received more than half of the votes of those taking part in elections shall be deemed elected.

5. If no candidate has received the required number of votes in the first round, a second round of elections shall be held within two weeks after the first round results are officially announced.

6. The second round of elections shall be held between 2 candidates with the best results in the first round. Candidate having received a majority of votes shall be deemed elected.

7. If only one candidate takes part in the first round and does not receive the necessary number of votes, new elections shall be held within two months from the date of elections.

8. No election shall be held during a state of emergency or martial law.

9. Regular presidential elections shall be held in the month of October of a calendar year when the President’s powers expire. The President of Georgia shall fix the date of elections not later than 60 days before the elections.

10. (Deleted – 15.10.2010, No 3710).

Constitutional Law of Georgia No 2224 of 20 July 1999 - LHG I, No 35(42), 28.7.1999, Art. 170

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 4133 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 44

Constitutional Law of Georgia No 5853 of 12 March 2008 - LHG I, No 3, 13.3.2008, Art. 8

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 71

1. Before assuming office, the newly elected President shall make a speech and take the following oath of office: ‘I, the President of Georgia, do solemnly affirm before God and the nation that I will support and defend the Constitution of Georgia, the independence, unity, and indivisibility of the country; that I will faithfully perform the duties of the President, will care for the security and welfare of the citizens of my country, and for the revival and might of my nation and homeland’.

2. The ceremony under paragraph 1 of this article shall take place on the third Sunday after the day of holding presidential elections. The office of President shall terminate upon the inauguration of the newly elected President.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 72

The President of Georgia may neither hold any other position, including in a political party, nor conduct entrepreneurial activities and get a salary or other permanent remuneration for any other activity.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 73

1. The President of Georgia shall:

a) conduct negotiations with other countries and international organisations in agreement with the Government, conclude international agreements and treaties, appoint and dismiss ambassadors and other diplomatic representatives of Georgia on the recommendation of the Government, accredit ambassadors and other diplomatic representatives of foreign states and international organisations in agreement with the Government;

b) conclude a constitutional agreement with the Apostolic Autocephalous Orthodox Church of Georgia on behalf of the State of Georgia;

c) nominate a candidate for the office of Prime Minister and appoint a Prime Minister in accordance with the Constitution;

d) assign the acting Government to perform their official duties until the appointment of the new Government in accordance with the Constitution;

e) nominate before Parliament, appoint, release, and dismiss officials in accordance with the Constitution, appoint a member of the High Council of Justice as determined by law, participate in the appointment of the Chairperson and members of the Central Election Commission under the procedure and in the cases defined by organic law, nominate candidates for the members of the National Regulatory Authorities to Parliament in agreement with the Government;

f) nominate a candidate for Chairperson of the Government of the Autonomous Republic of Ajara for approval by the Supreme Council within 10 days after powers of the newly elected Supreme Council of the Autonomous Republic of Ajara are recognised, after having consulted with the political entities represented in the Supreme Council, by prior consent of the Government of Georgia;

g) declare martial law in the case of armed attack on Georgia, conclude a truce in the case of appropriate conditions, and submit such decisions to Parliament for approval within not later than 48 hours;

h) declare a state of emergency throughout the country or certain part thereof in the cases of war or mass disorder, infringement upon the territorial integrity of the country, coup d'etat and armed insurrection, ecological disasters and outbreak of epidemics, or in other cases, when state bodies are unable to normally exercise their constitutional powers, and submit the decision to Parliament for approval within 48 hours; emergency powers shall apply only to the territory where the state of emergency is declared for the reasons mentioned in this paragraph;

i) issue decrees having the force of law during a state of emergency or martial law that shall be valid until the end of the state of emergency or martial law, take emergency measures; the decrees shall be submitted to Parliament when it is assembled;

j) have the right to suspend, on the recommendation of the Government and with the consent of Parliament, the activity of self-government bodies or other representative institutions of territorial units or dismiss them if their activities jeopardize the sovereignty, territorial integrity of the country, or the exercise of constitutional powers by state bodies;

k) issue decrees, edicts, and ordinances, also orders as the Supreme Commander-in-Chief of the Armed Forces of Georgia, to exercise constitutional powers;

l) sign and promulgate laws as determined by the Constitution;

m) make decisions on granting citizenship, asylum;

n) give state awards, high military, special and honorary titles, and high diplomatic ranks;

o) grant pardons to convicts;

p) dissolve Parliament in the cases and as determined by the Constitution;

2. The President of Georgia shall schedule the date of elections for the President of Georgia, Parliament, and representative bodies as determined by the Constitution and law.

3. The President of Georgia shall appoint members of the National Security Council, also appoint and dismiss, in agreement with the Government, the Chief of the General Staff of the Armed Forces of Georgia and other commanders.

4. The President of Georgia shall have the right to address the people and Parliament. The President shall annually submit a report of crucial state-related issues to Parliament.

5. The President of Georgia shall exercise other powers defined in the Constitution.

Constitutional Law of Georgia No 826 of 30 March 2001 - LHG I, No 9, 10.4.2001, Art. 33

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 2494 of 23 December 2005 - LHG I, No 1, 4.1.2006, Art. 1

Constitutional Law of Georgia No 4133 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 44

Constitutional Law of Georgia No 4136 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 47

Constitutional Law of Georgia No 344 of 10 October 2008 - LHG I, No 27, 27.10.2008, Art. 168

Constitutional Law of Georgia No 496 of 25 March 2013 – website, 27.3.2013

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 731

1. The Prime Minister shall countersign legal acts of the President of Georgia, other than the acts issued during martial law and except as provided for by paragraphs 2-4 of this article.

2. Order of the President shall not require countersignature, except as directly provided for by the Constitution.

3. Countersignature shall not be required for the legal acts of the President of Georgia that, under the Constitution, have been issued on the recommendation of the Government or that have been preliminarily approved by the Government.

4. Countersignature shall not be required for the legal acts of the President of Georgia that relate to:

a) scheduling of elections and dissolution of Parliament on the basis of Article 80 of the Constitution, convocation of first meeting of the newly elected Parliament, also of a special meeting or session of Parliament;

b) signing and promulgation of laws, also return of draft laws with comments to Parliament;

c) nomination, appointment, and dismissal of officials defined by the Constitution unless otherwise provided for by the Constitution;

d) appealing to the court or the Constitutional Court;

e) nomination of a candidate for Prime Minister and appointment of the Prime Minister;

f) imposition of temporary obligations on the Government under Article 80(1) of the Constitution;

g) granting of state awards and special ranks;

h) granting and termination of citizenship;

i) requesting to consideran issue at the meeting of the Government as determined by Article 78(6);

j) activities of the Administration of President and the National Security Council;

k) declaration or revocation of martial law;

l) granting pardons to convicts.

5. Any legal act of the President that requires countersigning shall be promulgated and shall give rise to legal consequences only in the case of countersignature.

6. In the case of countersignature, the responsibility for legal acts shall rest with the Government.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 74

1. The President of Georgia shall have the right to appoint a referendum for issues defined in the Constitution and law, at the request of the Parliament of Georgia, the Government of Georgia, not less than 200 000 voters, within 30 days after such a request is received.

2. A referendum shall not be held in order to adopt or repeal a law, to grant amnesty or pardon, to ratify or denounce treaties and international agreements, and for issues restricting the basic constitutional rights and freedoms of individuals.

3. Issues related to scheduling and holding a referendum shall be defined in organic law.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 75

1. The President of Georgia shall enjoy personal immunity. No one shall have the right to arrest or bring criminal proceeding against the President of Georgia while holding the post.

2. Parliament may dismiss the President according to Article 63 of the Constitution and law if he/she violates the Constitution or if his/her actions are criminal.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 76

1. If the President of Georgia is unable to discharge his/her powers or his/her powers are terminated early, the Chairperson of the Parliament of Georgia shall perform the duties of the President of Georgia. If the Chairperson of the Parliament of Georgia is unable to discharge the duties of the President of Georgia or if Parliament has been dissolved, the Prime Minister shall perform the duties of the President of Georgia. While the Chairperson of the Parliament of Georgia is discharging the duties of the President of Georgia, one of the Deputy Chairpersons of the Parliament of Georgia shall perform the duties of the Chairperson of the Parliament of Georgia by order of the Chairperson of the Parliament of Georgia. While the Prime Minister is discharging the duties of the President of Georgia, a member of the Government equipped with powers of First Vice-Prime Minister shall discharge the duties of the Prime Minister.

2. The Acting President shall not be authorised to exercise the rights under Article 73(1)(j)(p) and the rights under Article 74(1).

3. Presidential elections shall be held within 45 days the President's term of office terminates. Parliament shall ensure that the elections are held.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 5833 of 11 March 2008 - LHG I, No 3, 13.3.2008, Art. 7

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 761 (Deleted)

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 344 of 10 October 2008 - LHG I, No 27, 27.10.2008, Art. 168

 

Article 77

Administration of the President of Georgia shall be established in order to promote the exercise of powers of the President of Georgia. The President of Georgia shall appoint and dismiss the Head of the Administration. The President of Georgia shall determine the structure and rules of operation of the Administration.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

CHAPTER FOUR1 - Government of Georgia

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

Article 78

1. The Government of Georgia shall be the supreme body of executive power to implement the internal and foreign policy of the country. The Government shall be accountable to the Parliament of Georgia.

2. The Government shall consist of a Prime Minister and ministers. One or several State Ministers may also be represented in the composition of the Government.

3. The Prime Minister shall have the right to assign one of the members of the Government to exercise the duties of the first Vice Prime Minister and to assign one or more members to exercise the duties of the Vice Prime Minister. The procedure for assigning responsibilities of the first Vice Prime Minister and the Vice Prime Minister and their powers shall be laid down in law.

4. The Prime Minister and ministers shall represent Georgia in foreign relations within their competence.

5. The Government shall adopt ordinances and decrees on the basis of and for the fulfillment of the Constitution and other legislative acts. The ordinances and decrees shall be signed by the Prime Minister.

6. The President of Georgia shall have the right to request the particular matters to be discussed at the Government meeting and participate in the discussion. The Secretary and other members of the National Security Council shall also attend the discussion.

7. The structure, powers, and rules of operation of the Government shall be provided for by law. The Government shall submit a draft of the law to the Parliament of Georgia.

8. The Government’s term of office shall commence in the cases defined by the Constitution and upon the appointment of the members of the Government under the determined procedure.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 5833 of 11 March 2008 - LHG I, No 3, 13.3.2008, Art. 7

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 79

1. The Prime Minister is the head of the Government.

2. The Prime Minister shall determine the directions of Government activity, organise Government activity, provide the coordination of and the control over the activity of Government members.

3. The Prime Minister shall present a report to Parliament, upon request, about the progress of the Government Programme.

4. The Prime Minister shall issue individual legal acts - orders, and exercise full administrative duties in the Government building within the scope of his/her powers.

5. The Prime Minister shall appoint and remove from office other members of the Government.  

6. The Prime Minister shall appoint and remove from office other officials under the procedure and to the extent as provided for by law.7. If the Prime Minister resigns or his/her term of office otherwise ceases, the term of office of other Government members shall also cease. If any other Government member resigns or is removed from office, the Prime Minister shall appoint a new member of the Government within two weeks.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 80

1. Once the authority of the newly elected Parliament is recognised, the Government shall be deemed dismissed, and the President of Georgia shall impose duties on the Government until a new composition of the Government is formed.

2. The President of Georgia shall, within seven days after the Government’s authority is revoked, nominate a candidate for Prime Minister proposed by the electoral subject having the best results in parliamentary elections.

3. Any candidate for Prime Minister shall, within seven days, nominate candidates for ministers and propose a composition of the Government to the Parliament of Georgia to gain a vote of confidence. A Government Programme shall be proposed together with a composition of the Government.

4. The Parliament of Georgia shall, within seven days after a composition of the Government has been proposed, consider and put to a vote the confidence in the Government. . The confidence of Parliament shall be gained by a majority of the full list of MPs.

5. If a composition of the Government has not gained a vote of confidence, the issue of passing a vote of confidence in the composition proposed initially or in a new composition of the Government shall be put to a vote within 30 days after a composition of the Government has been proposed to Parliament. 

6. If a candidate for Prime Minister is not proposed or Parliament does not pass a vote of confidence in the composition of the Government in accordance with and within the timeframe provided for by paragraph 5 of this article, the President shall, within seven days, nominate a candidate for Prime Minister proposed by at least two fifths of the full list of MPs. If different compositions of MPs nominate 2 candidates, the President shall nominate the candidate proposed by a majority of MPs. If candidates are nominated by equal number of MPs, the President shall nominate one of the candidates proposed.

7. In the case provided for by paragraph 6 of this article, Government members shall be selected and a vote of confidence shall be given in a composition of the Government according to paragraphs 3 and 4 of this article. If Parliament fails to give a vote of confidence in a composition of the Government, the President of Georgia shall, within three days, dissolve Parliament and schedule extraordinary elections.

8. The President of Georgia shall appoint the Prime Minister within two days after giving a vote of confidence in a composition of the Government. The Prime Minister shall also appoint the other members of the Government within two days. Unless the President issues a legal act on the appointment of Prime Minister within the defined timeframe, the Prime Minister shall be deemed appointed.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 496 of 25 March 2013 – website, 27.3.2013

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 801 

1. If the Government ceases to exercise its authority, the President of Georgia shall, within seven days, nominate a candidate for Prime Minister proposed by the parliamentary majority, and unless such a majority is formed, shall nominate a candidate proposed by the parliamentary faction where the most members of the Parliament are represented.

2. Government members shall be selected and a vote of confidence shall be given in a composition of the Government in accordance with paragraphs 3-8 of Article 80 of the Constitution of Georgia.

3. In the circumstances defined in paragraph 1 of this article, the President of Georgia shall impose duties on the same composition of the Government until a new Government is formed.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 81

1. Parliament shall have the right to give a vote of no confidence in the Government. Not less than two fifths of the full list of MPs shall have the right to call for a vote of no confidence. A vote of no confidence shall be called for within not earlier than 20 and not later than 25 days. A vote of no confidence shall be deemed called for if the decision is supported by a majority of the full list of MPs. Unless Parliament adopts a decision on calling for a vote of no confidence, the same MPs shall not apply to Parliament for calling for a vote of no confidence within six months upon holding a vote.      

2. Parliament shall, not earlier than 20 days and not later than 25 days after calling for a vote of no confidence, vote for the nomination of the candidate for Prime Minister proposed by at least two fifths of the full list of MPs to the President. If 2 candidates are nominated under this paragraph, both of them shall be put to a vote. A candidate for Prime Minister shall be presented to the President if a majority of the full list of MPs has voted for him/her. Failure to put up a candidate for Prime Minister as determined by this paragraph shall mean the termination of the procedure for giving a vote of no confidence.

3. The President shall have the right to put up a nominated candidate for Prime Minister or refuse to put up the same candidate within five days after the nomination. If the President puts up the candidate nominated by Parliament, a vote of confidence shall be given in a new composition of the Government under the procedure determined by Article 80(3) and (4) of the Constitution.

4. If the President refuses to put up a candidate for Prime Minister proposed by Parliament under the paragraph 3 of this article, Parliament shall vote for the nomination of the same candidate for Prime Minister to the President within not earlier than 15 and not later than 20 days after the nomination. If nomination is supported by three fifths of the total number of MPs, the President shall be obliged to put up, within three days, the candidate for Prime Minister proposed to him. A vote of confidence shall be given to a new composition of the Government as determined by Article 80(3) and (4).

5. Giving Parliament’s vote of confidence in a new composition of the Government as determined by paragraphs 3 and 4 of this article shall be deemed as giving a vote of no confidence in the Government. This shall lead to the termination of term of office of the Government. A new Prime Minister and members of the Government shall be appointed as determined by Article 80(8).

6. If Parliament gives a vote of no confidence in a new composition of the Government as determined by paragraphs 3 and 4 of this article, the President shall have the right to dissolve Parliament and schedule extraordinary elections within three days.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 811

1. After Parliament gives a vote of confidence in the Government and the Government Programme, if the initial composition of the Government is renewed by one third but not less than 5 members of the Government, the President of Georgia shall present a composition of the Government to Parliament for giving a vote of confidence within one week.

2. Parliament shall give a vote of confidence in a composition of the Government as determined by Article 80 of the Constitution.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

Constitutional Law of Georgia No 1456 of 4 October 2013 – website, 16.10.2013

 

Article 812

1. Ministries shall be established in order to ensure the implementation of state governance and state policy in specific areas of state and public life.

2. A ministry shall be headed by a minister who adopts decisions independently on the matters falling within his/her competence. A minister shall issue orders on the basis and for the fulfillment of law, a normative act of the President, or an ordinance of the Government.

3. The State Minister shall be appointed as determined by the Constitution in order to fulfil state objectives of particular importance.

4. A member of the Government shall have no right to hold any other office except in a party, establish a company, engage in entrepreneurial activity, or receive a salary from any other activity except from scientific, pedagogical, and creative work.

5. A member of the Government shall be authorised to resign.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

Article 813

1. Executive authority in the administrative-territorial units of Georgia shall be represented by State Trustees – Governors.

2. The powers of a State Trustee - Governor shall be defined by law.

3. The Government shall appoint and dismiss a State Trustee - Governor.

Constitutional Law of Georgia No 5833 of 11 March 2008 - LHG I, No 3, 13.3.2008, Art. 7

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 814 

Bodies of the Prosecutor’s Office are under the system of the Ministry for Justice and the Minister for Justice shall provide general management of their operations. The powers and activities of the Prosecutor’s Office shall be defined by law.

Constitutional Law of Georgia No 344 of 10 October 2008 - LHG I, No 27, 27.10.2008, Art. 168

 

CHAPTER FIVE - Judicial Authority

 

Article 82

1. Judicial authority shall be exercised through constitutional control, justice, and other forms determined by law.

2. Judicial acts shall be binding upon all state bodies and persons throughout the territory of the country.

3. Judicial authority shall be independent and be exercised exclusively by the courts.

4. A court shall award a judgement on behalf of Georgia.

5. Cases in the courts of general jurisdiction shall be heard by juries in the cases and as provided for by law.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

Article 83

1. The Constitutional Court of Georgia shall be a judicial body of constitutional control. Its powers, the procedure for its creation and activity shall be laid down in the Constitution and organic law.

2. Justice shall be administered by the courts of general jurisdiction. Their system shall be determined in organic law.

3. Military courts may be established under martial law and exclusively within the courts of general jurisdiction.

4. Establishment of either extraordinary or special courts shall be inadmissible.

Constitutional Law of Georgia No 4133 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 44

 

Article 84

1. A judge shall be independent in his/her activity and shall comply with the Constitution and law only. Any pressure upon a judge or any interference in his/her activity in order to influence his/her decision making shall be prohibited and punishable by law.

2. A judge may be removed from consideration of a case or dismissed from office early or moved to another position only in the cases defined by law.

3. No one shall have the right to claim a report of any particular case from a judge.

4. All acts restricting the independence of any judge shall be null and void.

5. Only a court may quash, change, or suspend a court decision as determined by law.

 

Article 85

1. A court shall consider a case at an open hearing. Consideration of cases at a closed hearing shall be permitted only in the cases provided for by law. A court decision shall be published.

2. Legal proceedings shall be conducted in the official language. An individual not having a command of the official language shall be provided with an interpreter service. Teaching of the official language and solution of the issues related to legal proceedings shall be guaranteed in the regions where the population does not have a command of the official language.

3. Legal proceedings shall be conducted on the basis of equality and competition of parties.

 

Article 86

1. A judge shall be a citizen of Georgia who is thirty years old and over, and who has relevant higher legal education with at least a five-year experience in the practice of law.

2. Judges shall be appointed for life unless they reach the age determined by law. Before the lifetime appointment of a judge, the appointment of a judge for a definite period but not more than three years may be envisaged by law. The selection, appointment, or dismissal procedure for judges shall be laid down in the Constitution and organic law.

3. The position of a judge shall be incompatible with any other occupation and remunerative activity, except for pedagogical and scientific activities. A judge may not be a member of a political party or participate in a political activity.

Constitutional Law of Georgia No 2496 of 27 December 2005 - LHG I, No 1, 4.1.2006, Art. 2

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 861

1. The High Council of Justice of Georgia shall be established in order to appoint and dismiss judges to/from office and to perform other tasks.

2. More than half of the High Council of Justice of Georgia shall be composed of the members elected by a self-government body of judges of the courts of Georgia of general jurisdiction. Chairperson of the Supreme Court of Georgia shall chair the High Council of Justice of Georgia.

3. The powers and the procedures for establishment of the High Council of Justice of Georgia shall be defined by organic law.

Constitutional Law of Georgia No 4133 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 44

 

Article 87

1. A judge shall enjoy personal immunity. No one has the right to arrest, detain, or bring criminal proceedings against a judge, search his/her apartment, car, workplace, or conduct a personal search without the consent of the Chairperson of the Supreme Court of Georgia, except when he/she is caught at the scene of crime, in which case the Chairperson of the Supreme Court of Georgia shall immediately be notified. Unless the Chairperson of the Supreme Court of Georgia gives his/her consent, the arrested or detained judge shall immediately be released.

2. The State shall ensure the security of any judge and their family.

 

Article 88

1. The Constitutional Court of Georgia shall exercise judicial power by virtue of constitutional litigation.

2. The Constitutional Court of Georgia consists of 9 judges who are members of the Constitutional Court. Three members of the Court shall be appointed by the President of Georgia, three members shall be elected by more than half of the full list of MPs, and three members shall be appointed by the Supreme Court. Members of the Constitutional Court shall be appointed for 10 years. The Constitutional Court shall elect its chairperson among its composition for a period of five years.

3. No person shall be a member of the Constitutional Court if they have held this office before.

4. Any citizen of Georgia having a higher legal education who is thirty years old may be a member of the Constitutional Court. The recruitment, appointment, and election procedure, and the issue of termination of office for members of the Constitutional Court, as well as other issues of the constitutional litigation and activity of the Constitutional Court shall be laid down in law.

5. A member of the Constitutional Court shall enjoy personal immunity. No one has the right to arrest, detain, or bring criminal proceeding against a member of the Constitutional Court, search his/her apartment, car, workplace, or conduct a personal search without the consent of the Constitutional Court, except when he/she is caught at the scene of crime, in which case the Constitutional Court of Georgia shall immediately be notified. Unless the Constitutional Court gives its consent, the arrested or detained member of the Constitutional Court shall immediately be released.

Constitutional Law of Georgia No 2496 of 27 December 2005 - LHG I, No 1, 4.1.2006, Art. 2

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 89

1. Based on an action brought or a nomination made by the President of Georgia, the Government of Georgia, not less than one fifth of MPs, the court, supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara, self-government representative bodies - Sakrebulos, the High Council of Justice, the Public Defender or a citizen, under the procedure determined by an organic law, the Constitutional Court of Georgia shall:

a) adjudicate the constitutionality of a Constitutional Agreement, law, normative acts of the President and the Government, normative acts of supreme state bodies of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara;

b) consider disputes on competence between the state bodies;

c) consider the constitutionality of formation and activity of political unions of citizens;

d) consider disputes on the constitutionality of regulations governing referenda and elections, as well as disputes on the constitutionality of elections (referenda) held or to be held on the basis of the regulations;

e) consider the constitutionality of treaties and international agreements;

f) consider the constitutionality of normative acts in terms of fundamental human rights and freedoms enshrined in Chapter Two of the Constitution on the basis of an individual’s lawsuit;

f1) consider disputes on violations of the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara;

f2) consider disputes on the constitutionality of normative acts in terms of the provisions defined by Chapter Seven¹ of the Constitution on the basis of a lawsuit brought by a self-government representative body - Sakrebulo;

f3) consider the compatibility of normative acts with Articles 82, 84, 86, 86¹, 87 and 90 of the Constitution based on the submission by the High Council of Justice;

g) exercise other powers defined by the Constitution and organic law of Georgia.

2. A judgement of the Constitutional Court shall be final. A normative act or part of it recognised as unconstitutional shall cease to have legal effect as soon as the respective judgement of the Constitutional Court is published.

Constitutional Law of Georgia No 260 of 20 April 2000 - LHG I, No 15, 25.4.2000, Art. 36

Constitutional Law of Georgia No 826 of 30 March 2001 - LHG I, No 9, 10.4.2001, Art. 33

Constitutional Law of Georgia No 1689 of 10 October 2002 - LHG I, No 28, 28.10.2002, Art. 128

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 306 of 1 July 2004 - LHG I, No 16, 4.7.2004, Art. 54

Constitutional Law of Georgia No 2496 of 27 December 2005 - LHG I, No 1, 4.1.2006, Art. 2

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 90

1. The Court of Cassation shall be the Supreme Court of Georgia.

2. The Chairperson and judges of the Supreme Court of Georgia shall be elected for a period of not less than 10 years by Parliament, by a majority of the full list of MPs, on the recommendation of the President of Georgia.

3. The powers, structure, rules of operation and procedure for early termination of the office of the Supreme Court judges shall be defined by organic law.

4. The Chairperson and members of the Supreme Court of Georgia shall enjoy personal immunity. No one has the right to arrest, detain, or bring criminal proceeding against the Chairperson and members of the Supreme Court, search his/her apartment, car, workplace, or conduct a personal search without the consent of Parliament, except when he/she is caught at the scene of crime, in which case the Parliament of Georgia shall immediately be notified. Unless the Parliament of Georgia gives its consent, the arrested or detained person shall immediately be released.

Constitutional Law of Georgia No 2496 of 27 December 2005 - LHG I, No 1, 4.1.2006, Art. 2

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 91. (Deleted)

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

CHAPTER SIX - State Finances and Control

 

Article 92

1. The Parliament of Georgia shall annually adopt the Law on State Budget by a majority of the full list of MPs and the President of Georgia shall sign it.

2. The procedure for drafting and adopting the State Budget of Georgia shall be determined by law.

 

Article 93

1. Only the Government of Georgia shall have the right to present a draft State Budget to Parliament after it has examined the Basic Data and Directions with the committees of Parliament.

2. The Government shall submit a draft State Budget for the next year to Parliament not later than three months before the end of a budget year. Along with a draft State Budget, the Government shall submit a report of the progress of the execution of the State Budget for the current year. The Government shall submit a report of execution of the State Budget to Parliament for approval not later than five months from the end of a budget year.

3. Amendments may be made to a draft State Budget only by the consent of the Government. The Government may demand that Parliament incur additional state expenditure only if it indicates the source for covering the expenditure.

4. If Parliament fails to adopt the presented State Budget within three months, the expenditure shall be covered according to the State Budget for the previous year. 

41. If Parliament fails to adopt State Budget within two months after the beginning of a new budget year, this shall be regarded as raising a question of giving a vote of no confidence and the procedures under Article 81(2-5) of the Constitution shall continue. If Parliament fails to give the Government a vote of no confidence within the timeframe prescribed by paragraphs 2-4 of the same article, the President shall dismiss Parliament within three days after the above term expires and shall call extraordinary elections.  

5. Parliament may adopt a draft law that increases expenditure of the State Budget for the current year, reduces income, or places the State under new financial obligations only by the consent of the Government, whereas, a draft law associated with the following financial year may be adopted by the consent of the Government or within the scope of a document of Basic Data and Directions of the country presented by the Government to Parliament.  

6. Parliament shall control public expenditure through the State Audit Office.

7. The fundamental principles of economic policy with a view to ensure long-term, sustainable economic growth shall be defined by organic law. Cases of violation of thresholds set by macroeconomic parameters and deviation from prescribed thresholds in case of urgent necessity, also measures to be taken for returning to the parameter thresholds shall be determined by organic law.  

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

Constitutional Law of Georgia No 4033 of 15 December 2010 - website, 3.1.2011

Constitutional Law of Georgia No 6240 of 22 May 2012 - website, 29.5.2012

Constitutional Law of Georgia No 1456 of 4 October 2013 - website, 16.10.2013

 

Article 94

1. Taxes and fees shall be paid in the amount and under the procedure determined by law.

2. Only law shall determine the structure of taxes and fees and the procedure for introduction thereof.

3. Exemption from taxes shall be permitted only by law.

4. A new type of common-state tax, except for excise tax, may be adopted or the upper limit of the current rate may be increased by a type of common-state tax only through a referendum, except for the cases provided for by organic law. Only the Government of Georgia shall have the right to initiate a referendum.

5. Introduction or change of a tax shall not be deemed an introduction of a new type of common-state tax or an increase in the marginal rate if the introduced or changed tax represents an alternative to the current tax or replaces the current tax and at the same time does not increase the tax burden. Furthermore, tax rate changes by the type of taxes within the current marginal rate shall not be deemed an introduction of a new type of common-state tax or an increase in the marginal rate.  

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

Constitutional Law of Georgia No 4033 of 15 December 2010 - website, 3.1.2011

 

Article 95

1. The National Bank of Georgia shall conduct monetary policy to ensure price stability, as well as shall maintain the stable operation of the financial sector.

2. (Deleted – 15.10.2010, No 3710).

3. The National Bank shall be the principal bank of Georgia, the banker and fiscal agent of the Government of Georgia.

4. The National Bank shall be independent in its activity. The rights and duties, the procedure of activity shall be determined and the independence of the National Bank shall be guaranteed by organic law.

5. The name and unit of money shall be determined by law. Only the National Bank shall have the right to money emission.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 96

1. The Council of the National Bank shall be the supreme body of the National Bank of Georgia. On the recommendation of the President of Georgia a majority of MPs shall elect the members of the Council of the National Bank for a term of seven years.  Members of the Council of the National Bank may be dismissed only by a Parliament decision in accordance with Article 64.

2. The President of Georgia shall appoint the President of the National Bank from among the members of the Council of the National Bank and dismiss him/her from office.

3. The National Bank shall be accountable to Parliament and shall present to it a report of its activity annually.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 97

1. The State Audit Office shall supervise the use and expenditure of public funds and other material values. It shall also have the right to examine the activities of other state bodies of fiscal and economic control and to submit proposals for improving tax legislation to Parliament.

2. The State Audit Office shall be independent in its activity. It shall be accountable to the Parliament of Georgia. The Parliament of Georgia shall elect the General Auditor of State Audit Office for a term of five years by a majority of the full list of MPs on the recommendation of the Chairperson of Parliament. The grounds and procedure for dismissal of General Auditor from office shall be determined by the Constitution and law.

3. The State Audit Office shall submit a report regarding the Government report to Parliament biannually while submitting the preliminary and final reports of budget execution, and it shall submit a report of its activity annually.

4. The powers, structure, and rules of operation of the State Audit Office shall be defined and its independence shall be guaranteed by law.

5. Other bodies of state control shall be set up in accordance with law.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

Constitutional Law of Georgia No 6239 of 22 May 2012 - website, 29.5.2012

 

CHAPTER SEVEN - State Defense

 

Article 98

1. Defensive war shall be a sovereign right of Georgia.

2. Georgia shall have the Armed Forces to protect the independence, sovereignty, and territorial integrity of the country, also to fulfill its international obligations.

3. The types and composition of the Armed Forces shall be determined by law. The President of Georgia shall approve the structure of the Armed Forces, while the Parliament of Georgia shall approve the number of the Armed Forces by a majority of the full list of MPs on the recommendation of the National Security Council.

 

Article 99

1. The National Security Council shall be set up to organise the military development and defence of the country. The President of Georgia shall head the National Security Council.

2. The composition, powers, and rules of operation of the National Security Council shall be determined by organic law.

 

Article 100

1. The President of Georgia shall make a decision on activation of the Armed Forces and present the decision to Parliament for approval within 48 hours after it is made. In addition, the Armed Forces shall not be used for the fulfillment of international obligations without the consent of the Parliament of Georgia.

2. The President of Georgia shall make a decision on the entry, use, and dislocation of the military forces of another state in the territory of Georgia in special cases and in the cases provided for by law for the purposes of state defence. The decision shall immediately be submitted to Parliament for approval and shall enter into force by consent of Parliament.

Constitutional Law of Georgia No 3272 of 6 February 2004 - LHG I, No 2, 7.2.2004, Art. 5

 

Article 101

1. The defence of Georgia shall be an obligation of every citizen of Georgia.

2. It is the duty of every citizen to defend the country and serve time in the army. The form of serving in the army shall be determined by law.

 

CHAPTER SEVEN1 - Local Self-Government

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 1011

1. The establishment procedure and activity of representative and executive bodies of local self-government shall be defined by organic law. Executive bodies of local self-government shall be accountable to representative bodies of local self-government.

2. Citizens of Georgia registered within the self-governing unit area shall elect a local self-government representative body Sakrebulo by direct, universal, equal suffrage through secret ballot.

3. The procedure for establishment and revocation of a local self-governing unit, also the procedure for revising its administrative frontiers shall be determined by organic law. Consultations with a local self-governing unit shall precede the revocation of a self-governing unit or revision of its administrative frontiers.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 101²

1. Powers of local self-government shall be delimited from those of state bodies. A self-governing unit shall have its own and delegated powers. The powers and the basic principles of how to define powers of local self-government shall be determined by organic law.

2. A self-governing unit shall exercise its powers independently and by its own responsibility as determined by the legislation of Georgia. The powers defined by organic law shall be exclusive.

3. A self-governing unit shall have the right to take any decision on its own initiative, provided that the decision does not fall within the competence of any other government agency or is not prohibited by law.

4. State bodies may delegate rights and powers to a self-governing unit on the basis of legislative acts and agreements only by transfer of relevant material and financial resources. The Procedure for calculation of the amount of such resources shall be defined by law.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

Article 101³

1. Local self-government shall have its property and finances.

2. Decisions made by self-government bodies within the scope of their competence shall be binding in the territory of self-governing units.

3. State supervision over the activities of local self-government bodies shall be carried out as determined by law. State supervision provides compliance of normative acts of local self-government with the legislation of Georgia and proper implementation of delegated powers. State supervision shall be exercised in proportion to its goals.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

 

CHAPTER EIGHT - Revision of the Constitution

 

Article 102

1. A draft law on general or partial revision of the Constitution may be submitted by:

a) (deleted – 15.10.2010, No 3710)

b) more than half of the total number of MPs

c) not less than 200 000 voters.

2. A draft law revising the Constitution shall be submitted to the Parliament of Georgia. Parliament shall promulgate the draft law for open discussion. Parliament shall start to consider the draft law in a month from its promulgation.

3. A draft law revising the Constitution shall be deemed adopted if it is supported by not less than three fourths of the total number of MPs of Georgia at two successive sessions of the Parliament of Georgia after an interval of at least three months.

4. The President of Georgia shall sign and promulgate the law on revision of the Constitution as provided for by Article 68 of the Constitution.

Constitutional Law of Georgia No 3710 of 15 October 2010 - LHG I, No 62, 5.11.2010, Art. 379

Constitutional Law of Georgia No 5630 of 27 December 2011 - website, 9.1.2012

Constitutional Law of Georgia No 1456 of 4 October 2013 - website, 16.10.2013

 

Article 103

Announcement of a state of emergency or martial law shall lead to the suspension of the revision of the Constitution until the state of emergency or martial law has been cancelled.

 

CHAPTER NINE - Transitional Provisions

 

Article 104

1. The Constitution of Georgia shall enter into force upon the date of recognising the powers of the newly elected President and the Parliament of Georgia.

2. Articles 49, 50 and 70 of the Constitution shall enter into force after the Constitution is promulgated.

 

Article 1041 

1. Article 49(1) and Article 58(1) of the Constitution shall enter into force as soon as appropriate amendments and additions are made to the organic law Election Code of Georgia.

2. The composition of the Parliament of Georgia elected in 2004, before termination of its office, and the number of the MPs required for the establishment of a faction shall be determined by the legislation applicable at the time of parliamentary elections.

3. Regular elections of the Parliament of Georgia for 2008 shall take place in May. The President of Georgia shall schedule the date of elections not later than 60 days before elections.

Constitutional Law of Georgia No 1010 of 23 February 2005 - LHG I, No 8, 10.3.2005, Art. 57

Constitutional Law of Georgia No 4133 of 27 December 2006 - LHG I, No 3, 11.1.2007, Art. 44

Constitutional Law of Georgia No 5833 of 11 March 2008 - LHG I, No 3, 13.3.2008, Art. 7

 

Article 1042 

Powers of an MP of Georgia shall be restored for the MPs who were elected on 21 May 2008 under proportional electoral system but their term of office was terminated early by Resolution of Parliament in accordance with Article 54(2)(a) of the Constitution of Georgia, provided that the powers of their substitutes have not been acknowledged and if they give their consent to such restoration before 1 January 2010.

Constitutional Law of Georgia No 1675 of 24 September 2009 - LHG I, No 29, 12.10.2009, Art. 158

 

Article 1043 

1. Extraordinary elections of local self-government bodies shall be held not later than 1 June 2010.

2. Elections for Tbilisi Mayor shall be held by fair, universal, equal, and direct suffrage through secret ballot within the timeframe defined in paragraph 1 of this article.

3. The President of Georgia shall schedule the date for the elections set forth in paragraphs 1 and 2 of this article not later than 60 days before the election.

4. The Parliament of Georgia shall ensure the compliance of other legislative acts of Georgia with this article within one month after it is enacted.

Constitutional Law of Georgia No 2565 of 12 February 2010 - LHG I, No 6, 22.2.2010, Art. 20

 

Article 1044 

1. Individuals of appropriate age, also citizens of Georgia shall have the right to participate and cast votes in parliamentary and presidential elections held before 1 January 2014 if they were born in Georgia and have been living in Georgia for the last five years, and if they are the citizens of a member state of the European Union at the time of enactment of this article.

2. Limitations set forth in Article 29(11) of the Constitution shall not apply to the case in paragraph 1 of this article.

Constitutional Law of Georgia No 6238 of 22 May 2012 - website, 29.5.2012

 

Article 105

1. A political union of citizens registered as determined by law, the initiative of which is supported by at least 50 000 signatures or which had a representative in Parliament on the day when this Constitution was adopted, shall have the right to stand for elections in 1995.

2. Elections shall be held under the proportional electoral system with a unified party list.

3. A political union or an electoral block shall have the right to nominate a candidate for MP in a majoritarian electoral district who is at the same time on its party list.

4. A candidate having obtained the most number of votes but not less than one third of votes shall be deemed elected in a majoritarian electoral district.

5. If none of the candidates received the required number of votes in the first round, the second round shall be held. Two candidates with the best results shall take part in the second round. The candidate having received the most number of votes shall be deemed elected.

6. This article shall enter into force upon the promulgation of the Constitution and shall be valid until the tenure of a newly elected Parliament is recognised.  

 

Article 106

1. After the Constitution comes into force, only the legal act or part thereof that does not contradict the Constitution shall have legal force.

2. During two years after the Constitution enters into force, the President of Georgia and the Parliament of Georgia shall ensure the public registration of normative acts adopted before the entry into force of the Constitution, and shall guarantee the compliance thereof with the Constitution and laws.

3. The Parliament of Georgia shall, within two years after the Constitution enters into force, adopt organic laws envisaged by the Constitution or confirm the lawfulness of normative acts applicable in the field.

 

Article 107

1. Current legislation on the judiciary shall remain in force before the adoption of organic laws on the judiciary according to the Constitution.

2. Article 18(2) and (3) of the Constitution shall enter into force after the respective criminal procedural legislative acts are adopted.

3. The Organic Law on Constitutional Court shall be adopted before 1 February 1996.

 

Article 108

If Georgian jurisdiction in the whole territory of Georgia is restored, appropriate amendments and additions to Article 102(2) of the Constitution may be made as an exception, without promulgation of a draft law revising the Constitution for open discussion.

 

Article 109

1. The duly adopted Constitution shall be signed and promulgated by the Head of State of Georgia.

2. Members of the Parliament of Georgia and members of the Constitutional Commission shall sign the text of the Constitution. The text of the Constitution shall be kept publicly in the premises of all local authorities of Georgia within at least one year after the Constitution enters into force so as to let the population get familiar with the Constitution.

 

[CONSTITUTION OF GEORGIA

Constitutional Law of Georgia No 1324 of 13 October 2017 – website, 19.10.2017

Constitutional Law of Georgia No 2071 of 23 March 2018 – website, 2.4.2018

We, the citizens of Georgia – whose firm will it is to establish a democratic social order, economic freedom, and a legal and a social state; to secure universally recognised human rights and freedoms; and to enhance state independence and peaceful relations with other peoples – drawing on the centuries-old traditions of the statehood of the Georgian nation and the historical and legal legacy of the Constitution of Georgia of 1921, proclaim this Constitution before God and the nation.

Chapter One. General Provisions

Article 1 . State sovereignty

1. Georgia is an independent, unified and indivisible state as confirmed by the Referendum of 31 March 1991 held in the entire territory of the country, including the Autonomous Soviet Socialist Republic of Abkhazia and the former Autonomous Region of South Ossetia, and by the Act of Restoration of State Independence of Georgia of 9 April 1991.

2. The territory of the state of Georgia was determined on 21 December 1991. The territorial integrity of Georgia and the inviolability of the state border is confirmed by the Constitution and laws of Georgia, and recognised by the world community of nations and by international organisations. The alienation of the territory of the state of Georgia shall be prohibited. The state border may be changed only by a bilateral agreement with a neighbouring state.

Article 2 . State symbols

1. ‘Georgia’ is the name of the state of Georgia.

2. Tbilisi is the capital of Georgia.

3. The official language of Georgia shall be Georgian, and, in the Autonomous Republic of Abkhazia, also Abkhazian. The official language is protected by the organic law.

4. The state flag, the coat of arms, and the anthem of Georgia are established by the organic law, which shall be revised in accordance with the procedure established for revising the Constitution.

Article 3 . Democracy

1. Georgia is a democratic republic.

2. People are the source of state authority. People exercise power through their representatives, as well as through referendums and other forms of direct democracy.

3. No one shall have the right to seize power. The current term of a body elected in general elections shall not be extended or reduced by the Constitution or law.

4. Political parties shall participate in the formation and exercise of the political will of the people. The activities of political parties shall be based on the principles of freedom, equality, transparency, and intra-party democracy.

Article 4 . Legal state

1. Georgia is a legal state.

2. The State acknowledges and protects universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law. The Constitution shall not deny other universally recognised human rights and freedoms that are not explicitly referred to herein, but that inherently derive from the principles of the Constitution.

3. State authority shall be exercised based on the principle of the separation of powers.

4. State authority shall be exercised within the ambit of the Constitution and law. The Constitution of Georgia shall be the supreme law of the State. General rules for the adoption and issuance of legislative and other normative acts, and their hierarchy, shall be determined by the organic law.

5. The legislation of Georgia shall comply with the universally recognised principles and norms of international law. An international treaty of Georgia shall take precedence over domestic normative acts unless it comes into conflict with the Constitution or the Constitutional Agreement of Georgia.

Article 5. Social state

1. Georgia is a social state.

2. The State shall take care of strengthening the principles of social justice, social equality and social solidarity within the society.

3. The State shall take care of the equitable socio-economic and demographic development on the entire territory of the country. Special conditions for the development of high mountain regions shall be determined by law.

4. The State shall take care of human health care and social protection, ensuring the subsistence minimum and decent housing, and protecting the welfare of the family. The State shall promote the employment of citizens. Conditions for providing the subsistence minimum shall be determined by law.

5. The State shall take care of environmental protection and the rational use of natural resources.

6. The State shall take care of the protection of national values, identity and cultural heritage, and of the development of education, science and culture.

7. The State shall take care of the development of sports, establishing a healthy lifestyle, and engaging children and youth in physical education and sports.

8. The State shall take care of maintaining and developing connections with the homeland for Georgian compatriots residing abroad.

Article 6. Economic freedom

1. Economic freedom is recognised and guaranteed.

2. The State shall take care of developing a free and open economy, and free enterprise and competition.

3. Abolishing the universal right to private property shall be prohibited.

Article 7. Basis of territorial arrangement

1. The following shall fall within the exclusive competence of the supreme state authorities of Georgia:

a) legislation on human rights, Georgian citizenship, migration, entry into and exit from the country, and the temporary or permanent stay of aliens and stateless persons in Georgia;

b) criminal, penitentiary, civil, intellectual property, administrative, labour and procedural legislation; legislation pertaining to land, minerals, and other natural resources; pharmaceutical legislation; legislation on obtaining the status of educational institution, and on accreditation, and academic degrees; and legislation on the National Academy of Sciences;

c) foreign policy and international relations; foreign trade, customs and tariff regimes;

d) state defence, military industry and arms trade; issues relating to war and truce; determining and introducing the legal regime of a state of emergency and martial law; the armed forces; courts and prosecution; state security; criminal police and investigation; the status, regime and protection of the state border; and a cordon sanitaire on the border;

e) state finances and state loans; the printing and emission of money; and legislation on banking, credit, insurance, tax and trade of national significance;

f) railways and motor roads of national significance; the integrated energy system and regime; communications; the status and protection of territorial waters, airspace, the continental shelf and the exclusive economic zone; aviation; the merchant fleet; ensigns; harbours of national significance; fishing in oceans and high seas; meteorology; environmental monitoring systems; standards and models; geodesy and cartography; determining the precise time; and state statistics.

2. The powers of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara, and procedures for exercising such powers shall be determined by the constitutional laws of Georgia that are an integral part of the Constitution of Georgia.

3. The state territorial arrangement of Georgia shall be revised by a constitutional law of Georgia on the basis of the principle of the separation of powers after the complete restoration of the jurisdiction of Georgia over the entire territory of the country.

4. The citizens of Georgia shall regulate affairs of local importance through local self-government in accordance with the legislation of Georgia. The separation of the powers of state authority and self-governing units is based on the principle of subsidiarity. The State ensures that the financial resources of self-governing units correspond with their powers as determined by the organic law.

5. An exclusive economic zone shall be established in Anaklia on the basis of the organic law, where a special legal regime shall apply. Other exclusive economic zones with special legal regimes may also be established on the basis of the organic law.

Article 8. Relationship between the State and the Apostolic Autocephalous   Orthodox Church of Georgia

Along with freedom of belief and religion, the State shall recognise the outstanding role of the Apostolic Autocephalous Orthodox Church of Georgia in the history of Georgia, and its independence from the State. The relationship between the state of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia shall be determined by a constitutional agreement, which shall be in full compliance with the universally recognised principles and norms of international law in the area of human rights and freedoms.

Chapter Two. Fundamental Human Rights

Article 9 . Inviolability of human dignity

1. Human dignity shall be inviolable and shall be protected by the State.

2. Torture, inhuman or degrading treatment, and the use of inhuman or degrading punishment shall be prohibited.

Article 10. Rights to life and physical integrity

1. Human life shall be protected. The death penalty shall be prohibited.

2. The physical integrity of a person shall be protected.

Article 11. Right to equality

1. All persons are equal before the law. Any discrimination on the grounds of race, colour, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or on any other grounds shall be prohibited.

2. In accordance with universally recognised principles and norms of international law and the legislation of Georgia, citizens of Georgia, regardless of their ethnic and religious affiliation or language, shall have the right to maintain and develop their culture, and use their mother tongue in private and in public, without any discrimination.

3. The State shall provide equal rights and opportunities for men and women. The State shall take special measures to ensure the essential equality of men and women and to eliminate inequality.

4. The State shall create special conditions for persons with disabilities to exercise their rights and interests.

Article 12. Right to free personal development

Everyone has the right to the free development of their personality.

Article 13. Human liberty

1. Human liberty shall be protected.

2. The deprivation or other restrictions of liberty shall only be permitted on the basis of a court decision.

3. An official authorised by law may arrest a person in cases defined by law. An arrestee shall be brought before a court of competent jurisdiction no later than 48 hours after being arrested. If the court does not adjudicate upon detention or any other restriction of liberty within the next 24 hours, the person shall be released immediately.

4. A person shall be informed of his/her rights and grounds for arrest immediately upon being arrested. A person may request the assistance of a lawyer immediately upon being arrested. This request must be satisfied.

5. The detention period for an accused person shall not exceed 9 months.

6. A violation of the requirements of this article shall be punished by law. A person whose liberty has been restricted unlawfully shall have the right to compensation.

Article 14. Freedom of movement

1. Everyone lawfully staying in Georgia shall have the right to move freely within the territory of the country, to choose a place of residence freely and to leave Georgia freely.

2. These rights may only be restricted in accordance with law, for ensuring national security or public safety, protecting health or administering justice, insofar as is necessary in a democratic society.

3. A citizen of Georgia shall be able to enter Georgia freely.

Article 15. Rights to personal and family privacy, personal space and privacy of communication

1. Personal and family life shall be inviolable. This right may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society.

2. Personal space and communication shall be inviolable. No one shall have the right to enter a place of residence or other possessions, or to conduct a search, against the will of the possessor. These rights may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society, based on a court decision or without a court decision in cases of urgent necessity provided for by law. In cases of urgent necessity, a court shall be notified of the restriction of the right no later than 24 hours after the restriction, and the court shall approve the lawfulness of the restriction no later than 24 hours after the submission of the notification.

Article 16. Freedom of belief, religion and conscience

1. Everyone has freedom of belief, religion and conscience.

2. These rights may be restricted only in accordance with law for ensuring public safety, or for protecting health or the rights of others, insofar as is necessary in a democratic society.

3. No one shall be persecuted because of his/her belief, religion or conscience, or be coerced into expressing his/her opinion thereon.

Article 17. Rights to freedom of opinion, information, mass media and the internet

1. Freedom of opinion and the expression of opinion shall be protected. No one shall be persecuted because of his/her opinion or for expressing his/her opinion.

2. Every person has the right to receive and impart information freely.

3. Mass media shall be free. Censorship shall be inadmissible. Neither the State nor individuals shall have the right to monopolise mass media or the means of dissemination of information.

4. Everyone has the right to access and freely use the internet.

5. The restriction of these rights may be allowed only in accordance with law, insofar as is necessary in a democratic society for ensuring national security, public safety or territorial integrity, for the protection of the rights of others, for the prevention of the disclosure of information recognised as confidential, or for ensuring independence and impartiality of the judiciary.

6. The independence of the public broadcaster from state agencies and its freedom from political and substantial commercial influence shall be ensured by law.

7. The institutional and financial independence of the national regulatory body – established to protect media pluralism and the exercise of freedom of expression in mass media, prevent the monopolisation of mass media or means of dissemination of information, and protect the rights of consumers and entrepreneurs in the field of broadcasting and electronic communications – shall be guaranteed by law.

Article 18. Rights to fair administrative proceedings, access to public information, informational self-determination, and compensation for damage inflicted by public authority

1. Everyone has the right to a fair hearing of his/her case by an administrative body within a reasonable time.

2. Everyone has the right to be familiarised with information about him/her, or other information, or an official document that exists in public institutions in accordance with the procedures established by law, unless this information or document contains commercial or professional secrets, or is acknowledged as a state secret by law or in accordance with the procedures established by law as necessary in a democratic society to ensure national security or public safety or to protect the interests of legal proceedings.

3. The information contained in official records pertaining to an individual’s health, finances or other personal matters shall not be made available to anyone without the consent of the individual, except as provided for by law and as is necessary to ensure national security or public safety, or to protect public interests and health or the rights of others.

4. Everyone shall be entitled to full compensation, through a court, for damage unlawfully inflicted by the bodies of the state, the autonomous republics and local self-governments, or their employees, from state funds, the funds of the autonomous republics or the funds of local self-governments, respectively.

Article 19. Right to property

1. The right to own and inherit property shall be recognised and guaranteed.

2. This right may be restricted in cases defined by law and in accordance with the established procedure for the public interest.

3. The expropriation of property shall be admissible in cases of pressing social need as directly provided for by law, based on a court decision or in the case of urgent necessity established by the organic law, provided that preliminary, full and fair compensation is paid. Compensation shall be exempt from any taxes and fees.

4. As a resource of special importance, agricultural land may be owned only by the State, a self-governing unit, a citizen of Georgia or an association of citizens of Georgia. Exceptional cases may be determined by the organic law, which shall be adopted by a majority of at least two thirds of the total number of the Members of Parliament.

Article 20. Freedom of creativity, cultural heritage

1. Freedom of creativity shall be guaranteed. The right to intellectual property shall be protected.

2. Interference in the creative process and censorship in the field of creative activities shall be inadmissible.

3. The dissemination of a creative work may be prohibited only based on a court decision where such dissemination violates the rights of others.

4. Everyone has the right to take care of protecting cultural heritage. Cultural heritage shall be protected by law.

Article 21. Freedom of assembly

1. Everyone, except those enlisted in the Defence Forces or bodies responsible for state and public security, shall have the right to assemble publicly and unarmed, without prior permission.

2. The law may establish the necessity of prior notification of authorities if an assembly is held on a public thoroughfare.

3. Authorities may terminate an assembly only if it assumes an unlawful character.

Article 22. Freedom of association

1. Freedom of association shall be guaranteed.

2. An association may only be dissolved by its own or a court decision in cases defined by law and in accordance with the established procedure.

Article 23. Freedom of political parties

1. Citizens of Georgia shall have the right to form a political party and participate in its activities in accordance with the organic law.

2. The political party membership of persons enlisted in the Defence Forces or bodies responsible for state and public security, and those appointed as judges, shall be ceased.

3. The establishment and activity of a political party that aims to overthrow or forcibly change the constitutional order of Georgia, infringe on the independence or violate the territorial integrity of the country, or that propagates war or violence or incites national, ethnic, provincial, religious or social strife, shall be inadmissible. The establishment of a political party on a territorial principle shall be inadmissible.

4. The prohibition of a political party shall be admissible only by decision of the constitutional court, in cases defined by the organic law and in accordance with the established procedure.

Article 24. Electoral right

1. Every citizen of Georgia who has attained the age of 18 shall have the right to participate in referendums and elections of the bodies of the state, autonomous republics and local self-governments. The free expression of the will of a voter shall be guaranteed.

2. A citizen who, following a court judgment, is serving a sentence for a particularly serious crime in a penitentiary institution, or who has been recognised by a court decision as a beneficiary of support and admitted to an inpatient care facility, shall not have the right to participate in elections and referendums.

Article 25. Right to hold public office

1. Every citizen of Georgia shall have the right to hold any public office if the individual meets the requirements established by legislation. Conditions for civil service shall be determined by law.

2. The office of the President, the Prime Minister and the Chairperson of the Parliament of Georgia may not be held by a citizen of Georgia who is simultaneously the citizen of a foreign country.

Article 26. Freedom of labour, freedom of trade unions, right to strike and freedom of enterprise

1. Freedom of labour shall be guaranteed. Everyone has the right to freely choose their employment. The right to safe working conditions and other labour rights shall be protected by the organic law.

2. Everyone has the right to establish and join trade unions in accordance with the organic law.

3. The right to strike shall be recognised. The conditions and procedures for exercising this right shall be determined by the organic law.

4. Freedom of enterprise shall be guaranteed. Monopolistic activities shall be prohibited, except in cases permitted by law. Consumer rights shall be protected by law.

Article 27. Right to education and academic freedom

1. Everyone has the right to receive education and the right to choose the form of education they receive.

2. Pre-school education shall be guaranteed in accordance with the procedures established by law. Elementary and basic education shall be compulsory. General education shall be fully funded by the State, in accordance with the procedures established by law. Citizens shall have the right to state-funded vocational and higher education, in accordance with the procedures established by law.

3. Academic freedom and the autonomy of higher educational institutions shall be guaranteed.

Article 28. Right to the protection of health

1. The right of a citizen to affordable and quality health care services shall be guaranteed by law.

2. The State shall exercise control over all health care institutions and the quality of medical services, and shall regulate the production and circulation of pharmaceuticals.

Article 29. Right to environmental protection

1. Everyone has the right to live in a healthy environment and enjoy the natural environment and public space. Everyone has the right to receive full information about the state of the environment in a timely manner. Everyone has the right to care for the protection of the environment. The right to participate in the adoption of decisions related to the environment shall be ensured by law.

2. Environmental protection and the rational use of natural resources shall be ensured by law, taking into account the interests of current and future generations.

Article 30. Right to marry , rights of mothers and children

1. Marriage, as a union of a woman and a man for the purpose of founding a family shall be based on the equality of rights and the free will of spouses.

2. The rights of mothers and children shall be protected by law.

Article 31. Procedural rights

1. Every person has the right to apply to a court to defend his/her rights. The right to a fair and timely trial shall be ensured.

2. Every person shall be tried only by a court that has jurisdiction over the case.

3. The right to defence shall be guaranteed. Everyone has the right to defend his/her rights before a court in person or through a lawyer, or through a representative in cases defined by law. The unrestricted exercise of the rights of a lawyer, as well as the right of lawyers to self-organisation, shall be guaranteed by law.

4. The defendant shall have the right to request that his/her witnesses be called and interrogated under the same conditions as the witnesses of the prosecution.

5. A person shall be presumed innocent until proved guilty, in accordance with the procedures established by law and the court’s judgment of conviction that has entered into legal force.

6. No one shall be obliged to prove his/her innocence. The burden of proof shall rest with the prosecution.

7. A decision to commit an accused for trial shall be based on a reasonable belief, and a judgment of conviction shall be based on incontrovertible evidence. Any suspicion that cannot be proved in accordance with the procedures established by law shall be resolved in the defendant’s favour.

8. No one shall be convicted again for the same crime.

9. No one shall be held responsible for an action that did not constitute an offence at the time when it was committed. No law shall have retroactive force unless it reduces or abrogates responsibility.

10. Evidence obtained in violation of the law shall have no legal force.

11. No one shall be obliged to testify against himself/herself or against his/her relatives, as determined by law.

Article 32. Citizenship of Georgia

1. Georgia shall protect its citizen regardless of his/her location.

2. Citizenship of Georgia shall be acquired by birth or naturalisation. The procedures for acquiring and losing the citizenship of Georgia, the conditions and procedures for granting citizenship of Georgia to a foreign citizen and the conditions for holding citizenship of another state by a citizen of Georgia shall be determined by the organic law. [Conditions defined in paragraph 2 shall become effective upon promulgation. (Promulgated on 2 April 2018)]

3. The deprivation of citizenship shall be inadmissible.

4. The expulsion of a citizen of Georgia from Georgia shall be inadmissible.

5. The transfer of a citizen of Georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. The decision to transfer a citizen may be appealed to the court.

Article 33. Rights of aliens and stateless persons

1. Citizens of other states and stateless persons living in Georgia shall have rights and obligations equal to those of citizens of Georgia except in cases provided for by the Constitution and law.

2. The State shall be entitled to impose restrictions on the political activities of citizens of other states and stateless persons.

3. Georgia shall grant asylum to citizens of other states and stateless persons in compliance with universally recognised norms of international law, in accordance with the procedures established by law.

4. The expulsion or extradition of persons from Georgia in violation of universally recognised principles and norms of international law shall be inadmissible.

Article 34. General principles for ensuring fundamental human rights

1. The fundamental human rights referred to in the Constitution, in terms of their contents, shall also apply to legal persons.

2. The exercise of fundamental human rights shall not violate the rights of others.

3. The restriction of a fundamental human right shall be commensurate with the significance of the legitimate aim that it serves.

Article 35. Public Defender of Georgia

1. Supervision of the protection of human rights within the territory of Georgia shall be exercised by the Public Defender of Georgia, who shall be elected for a term of 6 years by a majority of at least three fifths of the total number of the Members of Parliament. The same person shall not be elected as a Public Defender consecutively.

2. Hindering the activities of the Public Defender shall be punishable by law.

3. The arrest or detention of the Public Defender, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the consent of Parliament, except if the Public Defender is caught at the crime scene, in which case Parliament shall be notified immediately. In such cases, the Public Defender shall be released immediately unless Parliament consents to the detention.

4. The powers of the Public Defender shall be defined by the organic law.

Chapter Three. Parliament of Georgia

Article 36. Status and authority of Parliament

1. The Parliament of Georgia is the supreme representative body of the country that exercises legislative power, defines the main directions of the country’s domestic and foreign policies, controls the activities of the Government within the scope established by the Constitution, and exercises other powers.

2. The procedures for the functioning of Parliament shall be determined by the Rules of Procedure of Parliament, which is adopted by a majority of the total number of the Members of Parliament based on the initiative of a member, a committee or a faction of Parliament. The Rules of Procedure shall have the force of law and shall be signed and promulgated by the Chairperson of Parliament.

Article 37. Parliamentary elections

1. Following the full restoration of Georgia’s jurisdiction throughout the entire territory of Georgia, two chambers shall be established within Parliament: the Council of the Republic and the Senate. The Council of the Republic shall be composed of members elected by a proportional system. The Senate shall be composed of members elected from the Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara and other territorial units of Georgia, and five members appointed by the President of Georgia. The composition, powers, and procedures for the election of chambers shall be determined by the organic law.

2. Before the condition provided for by paragraph 1 of this article is created, Parliament shall be composed of 150 Members of Parliament elected in a single multi-mandate electoral district for a term of 4 years by a proportional system on the basis of universal, free, equal and direct suffrage, by secret ballot.

3. Regular parliamentary elections shall be held on the last Saturday of October of the calendar year in which the term of Parliament expires. In case of the dissolution of Parliament, elections shall be held no earlier than the 45 th day and no later than the 60 th day after the dissolution of Parliament. If the election date coincides with a state of emergency or martial law, elections shall be held no earlier than the 45 th day and no later than the 60 th day after the state of emergency or martial law has been revoked.

4. Any citizen of Georgia having the electoral right, who has attained the age of 25 and who has lived in Georgia for at least 10 years, may be elected as a Member of Parliament. A person who has been sentenced to imprisonment by a court judgment shall not be elected as a Member of Parliament.

5. A political party that is registered in accordance with the procedures established by law shall have the right to participate in the parliamentary elections if it has a Member of Parliament who has been elected through the party’s nomination by the date when the elections are scheduled, or if it is supported by the signatures of at least 25 000 voters, in accordance with the procedures established by the organic law.

6. The mandates of Members of Parliament shall be distributed only to those political parties that receive at least 5 % of valid votes cast in the elections. To determine the amount of mandates received by a political party, the amount of votes received by this party shall be multiplied by 150 and divided by the total number of votes received by all political parties that received at least 5 % of valid votes cast in the elections. The integer part of the number thus derived is the amount of mandates received by the political party. If the total amount of mandates received by political parties is fewer than 150, the political parties with the best results shall receive the undistributed mandates in a successive manner.

7. The procedure for the election of Parliament shall be determined by the organic law.

Article 38. First meeting of Parliament and termination of powers

The first meeting of the newly elected Parliament shall be held no later than the 10 th day after the results of the parliamentary elections have been officially announced. The first meeting of Parliament is called by the President. Parliament shall be authorised to start work at the first meeting if the majority of the total number of the Members of Parliament is present at the meeting. Parliament shall acquire full powers once this is acknowledged by two thirds of the Members of Parliament. The powers of the previous Parliament shall be terminated from this moment.

Article 39. Member of the Parliament of Georgia

1. A Member of the Parliament of Georgia is a representative of all Georgia. He/she shall enjoy a free mandate and shall not be recalled.

2. The arrest or detention of a Member of Parliament, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the prior consent of Parliament, except when a Member of Parliament is caught at the crime scene, in which case Parliament shall be notified immediately. Unless Parliament consents to the detention within 48 hours, the arrested or detained Member of Parliament shall be released immediately.

3. A Member of Parliament shall have the right not to testify about facts disclosed to him/her in his/her capacity as a Member of Parliament. The seizure or extraction of written materials related to this issue shall be inadmissible. This right shall be retained by a Member of Parliament after his/her term of office expires. A Member of Parliament shall not be held liable for the views expressed inside or outside Parliament while performing his/her duties. The conditions of unhindered exercise of powers by a Member of Parliament shall be insured. A Member of Parliament shall receive remuneration prescribed by a legislative act. Respective state bodies shall ensure the personal safety of a Member of Parliament based on his/her application. Hindering the exercise of powers of a Member of Parliament shall be punishable by law.

4. A Member of Parliament shall not have the right to hold any office in civil service or to be engaged in entrepreneurial activities. A Member of Parliament may be engaged in public activities. A Member of Parliament may be engaged in academic, pedagogical and artistic activities if these activities do not envisage performing administrative functions. Cases of conflict of interests shall be defined by the Rules of Procedure of Parliament.

5. Issues of the recognition or early termination of the powers of a Member of Parliament shall be decided on by Parliament. The decision of Parliament may be appealed to the Constitutional Court. The powers of a Member of Parliament shall be terminated early if he/she:

a) submits a personal application for terminating his/her powers to Parliament;

b) holds a position incompatible with his/her status or is engaged in incompatible activity;

c) fails to attend without good reason more than half of the regular sittings during regular sessions;

d) has been convicted by a court judgment that has entered into legal force;

e) has been recognised as a beneficiary of support by a court decision and admitted to a respective inpatient care facility, or has been recognised as missing or declared dead by a court;

f) dies;

g) loses citizenship of Georgia;

h) is subject to the termination of his/her powers by a decision of the Constitutional Court.

Article 40. Chairperson and deputy chairpersons of the Parliament of Georgia

1. The Parliament of Georgia shall elect the Chairperson for its term by a majority of the total number of its members by secret ballot, in accordance with the procedures established by the Rules of Procedure. The Chairperson of Parliament shall chair the work of Parliament, ensure the free expression of opinion, sign the acts adopted by Parliament, and exercise other powers determined by the Rules of Procedure. The Chairperson of Parliament shall fulfil full administrative functions in the House of Parliament in accordance with the procedures established by the Rules of Procedure.

2. The Parliament of Georgia shall elect a first deputy chairperson and deputy chairpersons for its term by a majority of the total number of its members in accordance with the procedures established by the Rules of Procedure.

Article 41. Parliamentary Bureau, committees and factions

1. To organise the work of Parliament, a Parliamentary Bureau shall be established and shall be composed of the chairperson and deputy chairpersons of Parliament and the chairpersons of the parliamentary committees and parliamentary factions.

2. Committees shall be created in Parliament to prepare legislative issues beforehand, facilitate the implementation of decisions and exercise control over the activities of the bodies accountable to the Government and Parliament.

3. Members of Parliament may join a parliamentary faction in accordance with the procedures established by the Rules of Procedure. The number of faction members shall not be fewer than seven. Members of Parliament elected following their nomination by one political party may form only one faction. The procedures for the forming and activity of factions and their rights shall be determined by the Rules of Procedure of Parliament.

Article 42. Investigative and other temporary commissions of Parliament

1. Investigative or other temporary commissions shall be created in Parliament in cases provided for by the Rules of Procedure, as well as on the initiative of at least one fifth of the Members of Parliament.

2. Decisions on creating a temporary commission shall be adopted by Parliament in accordance with the procedures established by the Rules of Procedure. Decisions on creating a temporary investigative commission shall be adopted with the support of one third of the total number of the Members of Parliament. Parliamentary factions shall be represented in a temporary commission by at least one member. The representation of opposition factions in temporary commissions shall not be less than half of the total number of commission members.

3. At the request of the investigative commission, members’ attendance and the submission of all documents and information necessary to examine the issue shall be mandatory.

Article 43. Questions and interpellations by a Member of Parliament

1. A Member of Parliament shall be entitled to appeal with a question to the Government, another body accountable to Parliament, a member of the Government, state bodies of the territorial units at all levels, and state institutions. Providing a timely and full response to a question posed by a Member of Parliament is mandatory.

2. A parliamentary faction – a group of at least seven Members of Parliament – shall have the right to pose a question through interpellation to the Government, another body accountable to Parliament, or a member of the Government obliged to answer questions at Parliament sittings. The answer may become a subject of discussion by Parliament.

Article 44. Sessions and sittings of Parliament

1. Parliament shall meet in its official capacity for a regular session twice a year. The autumn session shall open on the first Tuesday of September and close on the third Friday of December. The spring session shall open on the first Tuesday of February and close on the last Friday of June.

2. During the period between sessions, the President of Georgia shall convene an extraordinary session of Parliament at the request of the Chairperson of Parliament, at least one fourth of Members of Parliament or the Government. The President of Georgia shall also convene a special sitting in the course of a regular session. Unless an act summoning Parliament is issued within 48 hours of a written request to convene an extraordinary session, Parliament shall meet within the following 48 hours, in accordance with the Rules of Procedure of Parliament. A special sitting of Parliament shall be held only based on the agenda defined by the initiator and shall close once the agenda has been exhausted.

3. Parliament shall meet upon the declaration of a state of emergency or martial law by the President. Parliament shall work until the state of emergency or martial law has been revoked.

4. Sittings of Parliament shall be public. By the decision of a majority of attendees, but with no less than one third of the total number of Members of Parliament, Parliament may declare a sitting or part of a sitting closed when discussing certain issues. The decision to close a sitting in whole or in part shall be discussed and made behind closed doors. The minutes of open sittings of Parliament shall be public.

5. Voting at a sitting of Parliament may be open or secret. Voting shall be open except in cases provided for by the Constitution and law.

6. A member of the Government, an official accountable to Parliament or the head of a body accountable to Parliament shall be entitled and, upon request, obliged to attend sittings of Parliament, parliamentary committees or commissions, in order to provide answers to questions raised during the sitting and to submit a report of activities performed. Parliament, a committee or a commission shall hear such an official immediately upon request.

Article 45. Law making and procedures for decision-making

1. The Government, a Member of Parliament, a parliamentary faction, a parliamentary committee, the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara, and not less than 25 000 voters shall have the right of legislative initiative. Parliament shall discuss a draft law submitted by the Government at its request in an extraordinary sitting.

2. A law shall be considered adopted if it is supported by a majority of the Members of Parliament present but at least one third of the total number of the Members of Parliament, unless another procedure for the adoption of laws is determined by the Constitution. An organic law shall be considered adopted if it is supported by a majority of the total number of the Members of Parliament, unless another procedure for the adoption of organic laws is determined by the Constitution.

3. Other decisions of Parliament shall be considered adopted if they are supported by a majority of the Members of Parliament present but at least one third of the total number of the Members of Parliament, unless another procedure for the adoption of a decision is determined by the Constitution or law. A decision on approving a constitutional agreement shall be considered adopted if it is supported by at least three fifths of the total number of the Members of Parliament.

Article 46. Signature and promulgation of a law

1. A law passed by Parliament shall be submitted to the President of Georgia within 10 days.

2. The President of Georgia shall sign and promulgate the law or return it to Parliament with justified remarks within 2 weeks.

3. If the President of Georgia returns the law, Parliament shall put the President’s remarks to a vote. The adoption of the remarks requires the same number of votes as for the initial adoption of the type of law in question. If the remarks are adopted, the final version of the law shall be submitted to the President of Georgia within 5 days, and the President of Georgia shall sign and promulgate the law within 5 days.

4. If Parliament rejects the President’s remarks, the initial version of the law shall be put to a vote. An organic law or a law shall be considered adopted if it is supported by a majority of the total number of the Members of Parliament, except in the case of an organic law provided for by Article 19(4) of the Constitution, which shall be considered adopted if it is supported by at least two thirds of the total number of the Members of Parliament. A constitutional law shall be considered adopted if it is supported by at least three fourths of the total number of the Members of Parliament. Such a law shall be submitted to the President of Georgia within 3 days, and the President of Georgia shall sign and promulgate the law within 5 days.

5. A constitutional law on amending the Constitution that was adopted by a majority of at least two thirds of the total number of the Members of Parliament shall be signed and promulgated by the President of Georgia within 5 days of its submission, without the right to return it to Parliament with remarks.

6. If the President of Georgia does not promulgate the law, return it to Parliament with justified remarks within the time frame established by paragraph 2 of this article, or promulgate it within the time frame established by paragraphs 3, 4 or 5 of this article, then the Chairperson of Parliament shall sign and promulgate the law within 5 days after this time frame expires.

7. A law shall enter into force on the 15 th day after its promulgation in the official body unless another date is established by the same law.

Article 47. International treaties

1. The Parliament of Georgia shall ratify, denounce and annul international treaties by a majority of the total number of its members. Parliament shall ratify, denounce and annul international treaties provided for by paragraph 2(c) of this article by a majority of at least three fourths of the total number of its members.

2. Besides those international treaties that envisage ratification, it shall also be mandatory to ratify international treaties that:

a) provide for Georgia’s accession to an international organisation or interstate union;

b) are of a military nature;

c) concern the territorial integrity of the State or changes to the state border;

d) concern loans issued or taken by the State;

e) require changes to domestic legislation or the adoption of laws that are necessary to fulfil international obligations.

3. Other international treaties shall be submitted to Parliament.

4. If a constitutional claim or submission has been lodged with the Constitutional Court, the respective international treaty shall not be ratified until the Constitutional Court passes its judgment.

Article 48. Impeachment

1. No less than one third of the total number of the Members of Parliament shall have the right to raise the question of impeachment of the President of Georgia, a member of the Government, a judge of the Supreme Court, a General Prosecutor, a General Auditor or a member of the Board of the National Bank if the actions of the official in question violate the Constitution or contain signs of crime. Such cases shall be transferred to the Constitutional Court, which shall consider the case and submit its conclusion to Parliament within 1 month.

2. If the Constitutional Court’s conclusion confirms a violation of the Constitution or signs of crime by the official in question, Parliament shall discuss and vote on the impeachment of the official within 2 weeks from the submission of the conclusion.

3. The President of Georgia shall be considered impeached if this decision is supported by at least two thirds of the total number of the Members of Parliament. A member of the Government, a judge of the Supreme Court, a General Prosecutor, a General Auditor or a member of the Board of the National Bank shall be considered impeached if this decision is supported by a majority of the total number of the Members of Parliament.

4. If Parliament does not decide on impeachment within the time frame established by paragraph 2 of this article, initiating an impeachment procedure on the same grounds shall be inadmissible.

5. Officials listed in this article, except members of the Government, shall only be removed from office by means of impeachment.

6. The procedure of the impeachment of the President of Georgia shall be inadmissible during a state of emergency or martial law.

Chapter Four. President of Georgia

Article 49. Status of the President of Georgia

1. The President of Georgia is the Head of the state of Georgia and is the guarantor of the country’s unity and national independence.

2. The President of Georgia is the Supreme Commander-in-Chief of the Defence Forces of Georgia.

3. The President of Georgia shall represent Georgia in foreign relations.

 

Article 50. Procedures for electing the President of Georgia

1. The President of Georgia shall be elected for a term of 5 years by the Electoral College, without debates and by open ballot. The same person may be elected President of Georgia only twice.

2. Any citizen of Georgia having the electoral right, who has attained the age of 40 and who has lived in Georgia for at least 15 years, may be elected President of Georgia.

3. The Electoral College shall consist of 300 members, and shall include all members of the Parliament of Georgia and of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara. Other members of the Electoral College shall be nominated by the respective political parties from among the representative bodies of local self-governments on the basis of quotas defined by the Central Election Commission of Georgia in accordance with the organic law. The quotas are defined in compliance with the principle of proportional geographical representation and in accordance with the results of the elections of local self-governments held under the proportional system. The composition of the Electoral College shall be approved by the Central Election Commission of Georgia.

4. The election of the President of Georgia shall be held in the House of Parliament. No less than 30 members of the Electoral College shall have the right to nominate a candidate for the President of Georgia. One member of the Electoral College may support the nomination of only one candidate. One member of the Electoral College shall have the right to vote for only one candidate. In the first round of elections, a candidate who receives at least two thirds of the votes of the total number of the members of the Electoral College shall be considered elected. If the President of Georgia is not elected in the first round, the second round shall be held between the two candidates who received the most votes in the first round. The candidate who receives the most votes in the second round shall be considered elected. The first or the second round of the elections shall be considered valid if more than half of the total number of the members of the Electoral College have participated. If the elections fail, or if the Electoral College does not elect the President of Georgia, a re-run of election of the President of Georgia shall be held within 30 days.

5. Presidential elections shall be held in October of the calendar year in which the term of office of the President of Georgia expires. In the case of the early termination of the term of office of the President of Georgia, the presidential elections shall be held within 45 days from the termination of the term of office. If the election date coincides with a state of emergency or martial law, the presidential elections shall be held within 45 days after this state has been revoked. If the date of the election of the President of Georgia falls within the same month as the parliamentary elections, or the month preceding the month of the parliamentary elections, the presidential elections shall be held within 45 days from the first meeting of the newly elected Parliament.

6. The election of the President of Georgia shall be appointed by Parliament, except for a re-run of election, which shall be appointed by the Chairperson of Parliament.

7. The procedures and conditions for the election of the President of Georgia shall be determined by the organic law.

Article 51. Oath, termination of the term of office, immunity, conflicts of interest and succession of the President of Georgia

1. Prior to assuming office, on the third Sunday after the election day, the newly elected President of Georgia shall address the people and take the following oath of office:

‘I, the President of Georgia, do solemnly affirm before God and the nation that I will support and defend the Constitution of Georgia, the independence, unity and indivisibility of the country; that I will faithfully perform the duties of the President, will care for the security and welfare of the citizens of my country and for the revival and might of my nation and homeland.’

2. The term of office of the President of Georgia shall terminate and the term of office of the newly elected President of Georgia shall commence once the oath is taken by the newly elected President of Georgia.

3. The President of Georgia shall enjoy immunity. No one shall have the right to detain or bring criminal proceedings against the President of Georgia while in office.

4. The President of Georgia shall not have the right to hold any other office, to be engaged in entrepreneurial activities, or to receive a salary or other permanent remuneration for any other activity. The President of Georgia shall not be a member of a political party.

5. In the case of the inability of the President of Georgia to exercise powers, or in the case of the early termination of the President’s term of office, the Chairperson of Parliament shall perform the duties of the President of Georgia.

Article 52. Powers of the President of Georgia

1. The President of Georgia shall:

a) with the consent of the Government, exercise representative powers in foreign relations, negotiate with other states and international organisations, conclude international treaties, and accept the accreditation of ambassadors and other diplomatic representatives of other states and international organisations; upon nomination by the Government, appoint and dismiss ambassadors and other heads of diplomatic missions of Georgia;

b) conclude a constitutional agreement with the Apostolic Autocephalous Orthodox Church of Georgia on behalf of the state of Georgia;

c) call the elections of Parliament and local self-government bodies in accordance with the Constitution and the procedures established by the organic law;

d) upon nomination by the Government, appoint and dismiss the Commander of the Defence Forces of Georgia; appoint one member of the High Council of Justice; participate in the appointment of the Chairperson and members of the Central Election Commission of Georgia in cases defined by the organic law and in accordance with the established procedure; upon nomination by the Government, submit to Parliament candidates for the membership of the national regulatory bodies;

e) decide on citizenship issues in accordance with the procedures established by the organic law;

f) pardon convicts;

g) in accordance with the procedures established by law, grant state awards and rewards; highest military ranks, special ranks and honorary titles; and highest diplomatic ranks;

h) be entitled, upon recommendation by the Government and with the consent of Parliament, to suspend the activity of a representative body of a territorial unit, or to dissolve such a body, if its activities threaten the sovereignty or territorial integrity of the country, or the exercise of constitutional powers by state bodies;

i) exercise other powers determined by the Constitution.

2. The President of Georgia shall have the right to call a referendum on issues defined in the Constitution and law, at the request of the Parliament of Georgia, the Government of Georgia or no less than 200 000 voters, within 30 days after such a request is received. A referendum shall not be held in order to adopt or repeal a law, to grant amnesty or pardon, to ratify or denounce international treaties, or to decide issues that envisage the restriction of the fundamental constitutional human rights. Issues related to calling and holding referendums shall be defined by the organic law.

3. The President of Georgia shall have the right to address the people. The President shall annually submit a report on crucial state-related issues to Parliament.

Article 53. Countersignature

1. A legal act of the President of Georgia shall require the countersignature of the Prime Minister. A legal act that requires countersignature shall be promulgated and shall entail legal consequences only after it has been countersigned. Political responsibility for countersigned legal acts lies with the Government.

2. A countersignature shall not be required for legal acts of the President of Georgia related to:

a) calling parliamentary elections, dissolving Parliament, or convening sessions or sittings of Parliament;

b) concluding constitutional agreements;

c) signing and promulgating laws, or returning laws to Parliament with remarks;

d) appointing the Prime Minister; appointing a member of the High Council of Justice; appointing the Chairperson or a member of the Central Election Commission; nominating a member of the Board of the National Bank or appointing the President of the National Bank; or appointing a judge to the Constitutional Court;

e) granting state awards and rewards, and honorary titles;

f) deciding on citizenship issues;

g) pardoning convicts;

h) applications to the Constitutional Court or a court;

i) organising the exercise of powers of the President of Georgia.

Chapter Five. Government of Georgia

Article 54. Government

1. The Government of Georgia is the supreme body of executive power that implements the domestic and foreign policies of the country.

2. The Government shall be accountable and responsible to the Parliament of Georgia.

3. The Government shall consist of a Prime Minister and ministers.

4. A Ministry shall be established to ensure the administration of state policy and governance in the field of activity of the Government; a Ministry is led by a Minister.

5. One or several State Ministers may be represented in the Government. The office of a State Minister may be introduced by law in order to fulfil state objectives of particular importance.

6. A member of the Government shall not have the right to hold any other office except in a [political] party, to be engaged in entrepreneurial activities, or to receive remuneration for any other activity, except for academic and pedagogical activities.

7. In order to ensure the representation of the Government in administrative-territorial units, the Government shall be authorised to designate a state representative-governor. The powers of a state representative-governor shall be determined by law.

8. The structure and the procedure for the activity of the Government shall be determined by a law, the draft of which shall be submitted to Parliament by the Government.

Article 55. Prime Minister of Georgia

1 The Prime Minister of Georgia is the head of the Government.

2. The Prime Minister shall define the main directions of Government activities, organise Government activities, coordinate and control the activities of ministers, and sign legal acts of the Government.

3. The Prime Minister shall represent Georgia in foreign relations and conclude international treaties on behalf of Georgia.

4. The Prime Minister shall appoint and dismiss ministers. He/she shall be authorised to assign the duties of the first Vice Prime Minister to one of the ministers and to assign the duties of the Vice Prime Minister to one or more ministers.

5. The Prime Minister shall be accountable for the activities of the Government before Parliament. He/she shall submit an annual report on the implementation of the Government Programme to Parliament, and shall also report on the implementation of particular parts of the Government Programme at the request of Parliament.

Article 56. Vote of confidence

1. Upon the recognition of the full powers of the newly elected Parliament, the Government shall relinquish its authority to Parliament and continue to perform its duties until a new Prime Minister is appointed. In case of the resignation of the Prime Minister, the authority of the Prime Minister is terminated upon his/her resignation. In case of the resignation of the Prime Minister or the termination of his/her authority otherwise, the Government shall continue to act until a new Prime Minister is appointed.

2. Within 2 weeks after the Government relinquishes its authority, as well as after the resignation of the Prime Minister or the termination of his/her authority otherwise, Parliament shall hold a vote of confidence in the Government proposed by a candidate for the office of Prime Minister nominated by the political party that secured the best results in the parliamentary elections. A Government programme shall be presented to Parliament together with the composition of the Government. A majority of the total number of the Members of Parliament is required to pass a vote of confidence.

3. If Parliament’s vote of confidence in the Government is not passed within the established time frame, the President of Georgia shall dissolve Parliament no earlier than 2 weeks and no later than 3 weeks after the respective time frame has expired, and shall call extraordinary elections of Parliament.

4. The President of Georgia shall not dissolve Parliament and shall not call extraordinary elections of Parliament if, within 2 weeks from the expiry of the time frame set forth in paragraph 2 of this article, Parliament passes by a majority of the total number of its members a vote of confidence in the Government proposed by a candidate for the office of Prime Minister nominated by more than one third of the total number of the Members of Parliament.

5. Within 2 days of a vote of confidence in the Government, the President of Georgia shall appoint a Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed.

Article 57. Vote of no confidence

1. Parliament shall be entitled to hold a vote of no confidence in the Government.

2. A vote of no confidence in the Government shall be held if the motion is proposed by more than one third of the total number of the Members of Parliament. Together with a no confidence motion, the initiators shall nominate a candidate for the office of Prime Minister, and the candidate for the office of Prime Minister shall propose a new composition of the government to Parliament. A Government programme shall be presented to Parliament together with the composition of the Government.

3. If Parliament passes a vote of confidence in a new Government by a majority of the total number of its members no earlier than 7 days and no later than 14 days after proposing the motion, a vote of no confidence shall be considered passed. Within 2 days after a vote of confidence in the new Government has been passed, the President of Georgia shall appoint a Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President of Georgia does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed. The authority of the Government shall be terminated once a new Prime Minister is appointed.

4. If Parliament does not pass a vote of no confidence in the Government, it shall be inadmissible for the same Members of Parliament to propose a vote of no confidence within the next 6 months.

Article 58. Vote of confidence on the initiative of the Prime Minister

1. The Prime Minister shall have the right to present to Parliament an issue of confidence in the Government.

2. An issue of confidence shall be put to vote no earlier than the 7 th day and no later than the 14 th day after it has been presented. If the Government fails to achieve a vote of confidence from Parliament, the President of Georgia shall, no earlier than the 8 th day and no later than the 14 th day after the vote, dissolve Parliament and call extraordinary parliamentary elections.

3. The President of Georgia shall not dissolve Parliament if, within 7 days after voting against a vote of confidence in the Government, Parliament passes by a majority of the total number of its members a vote of confidence in the Government proposed by a candidate for the office of Prime Minister nominated by more than one third of the total number of the Members of Parliament. A Government programme shall be presented to Parliament together with the composition of the Government. Within 2 days of the vote of confidence in the new Government, the President of Georgia shall appoint the Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President of Georgia does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed. The authority of the Government shall be terminated once a new Prime Minister is appointed.

 

Chapter Six. Judiciary and Prosecutor's Office

Article 59. Judiciary

1. Judicial power shall be independent and exercised by the Constitutional Court of Georgia and the common courts of Georgia.

2. The Constitutional Court of Georgia is a judicial body of constitutional control. The procedure for its creation and activity shall be determined by the organic law.

3. Justice shall be administered by common courts. Specialised courts may be created only within the system of common courts. A military court may be created during martial law and only within the system of common courts. The creation of extraordinary courts shall be inadmissible. In common courts, cases shall be heard by juries in cases defined by law and in accordance with the established procedure. The system of common courts, their authority and procedure for activity shall be determined by the organic law.

Article 60. Constitutional Court of Georgia

1. The Constitutional Court of Georgia shall exercise judicial power through constitutional legal proceedings.

2. The Constitutional Court shall consist of nine judges appointed for a term of 10 years, out of which three judges shall be appointed by the President of Georgia, three judges shall be elected by Parliament by a majority of at least three fifths of the total number of its members, and three judges shall be appointed by the Supreme Court. A judge of the Constitutional Court shall be a citizen of Georgia who has attained the age of 35, has obtained a higher legal education, has at least 10 years of specialised professional experience and a distinguished professional qualification. A judge of the Constitutional Court shall not have previously held this office.

3. The Constitutional Court shall elect a chairperson from among its members for a term of 5 years. A person who has already held the position of chairperson of the Constitutional Court shall not be re-elected.

4. The Constitutional Court of Georgia shall in accordance with the procedures established by the organic law:

a) review the constitutionality of a normative act with respect to the fundamental human rights enshrined in Chapter Two of the Constitution on the basis of a claim submitted by a natural person, a legal person or the Public Defender;

b) make decisions on the constitutionality of a normative act on the basis of a claim submitted by the President of Georgia, by at least one fifth of the Members of Parliament, or by the Government;

c) on the basis of a submission by a common court, review the constitutionality of a normative act to be applied by the common court when hearing a particular case, and which may contravene the Constitution according to a reasonable assumption of the court;

d) review disputes about the competences of a respective body on the basis of a claim submitted by the President of Georgia, Parliament, the Government, the High Council of Justice, the General Prosecutor, the Board of National Bank, the General Auditor, the Public Defender or the supreme representative or executive body of an autonomous republic;

e) review the constitutionality of international treaties on the basis of a claim submitted by the President of Georgia, the Government, or by at least one fifth of the Members of Parliament;

f) review the constitutionality of activities of a political party, or of the termination of powers of a member of the representative body elected upon nomination by this political party, on the basis of a claim submitted by the President of Georgia, the Government, or by at least one fifth of the Members of Parliament;

g) review the constitutionality of Parliament's decision to acknowledge or prematurely terminate the powers of a Member of Parliament, on the basis of a claim submitted by at least one fifth of the Members of Parliament or the respective individual;

h) review disputes related to norms regulating referendums or elections, and the constitutionality of referendums and elections held or to be held based on these norms, on the basis of a claim submitted by the President of Georgia, by at least one fifth of the Members of Parliament, or by the Public Defender;

i) review the constitutionality of a normative act with respect to Chapter Nine of the Constitution on the basis of a claim submitted by the representative body of a local self-government;

j) exercise other powers determined by the Constitution.

5. A judgment of the Constitutional Court shall be final. An act or a part thereof that has been recognised as unconstitutional shall cease to have legal effect as soon as the respective judgment of the Constitutional Court is made public, unless the relevant judgment envisages a later time frame for invalidating the act or a part thereof.

6. A legal norm regulating elections shall not be recognised as unconstitutional by the Constitutional Court within the respective election year, unless this norm has been adopted within 15 months before the month of the respective elections.

7. The appointment of judges of the Constitutional Court and the termination of their terms of office, as well as the constitutional legal proceedings and other issues related to the activities of the Constitutional Court, shall be determined by the organic law.

Article 61. Supreme Court of Georgia

1. The Supreme Court of Georgia shall be the Court of Cassation.

2. The Supreme Court shall consist of at least 28 judges. Upon nomination by the High Council of Justice, the judges of the Supreme Court shall be elected for life, until they reach the age established by the organic law, by a majority of the total number of the Members of Parliament.

3. Upon nomination by the High Council of Justice, Parliament shall elect a Chairperson of the Supreme Court from among the members of the Supreme Court for a term of 10 years by a majority of the total number of the Members of Parliament. A person who has already held the position of chairperson of the Supreme Court shall not be re-elected.

Article 62. Judicial proceedings

1. A court shall award a judgment on behalf of Georgia. Judicial acts shall be binding. Failure to comply with a court judgment or interference with the execution of a court judgment shall be punishable by law.

2. Court judgments may be annulled, changed or suspended only by court, in accordance with the procedures established by law. Other procedures for releasing from a sentence and commuting the unserved part of a sentence shall be determined by law.

3. Court hearings shall be open. Closed hearings shall be permitted only in cases provided for by law. A court judgment shall be declared publicly.

4. Legal proceedings shall be conducted in the official language. An individual who does not have a command of the official language shall be provided with an interpreter.

5. Legal proceedings shall be conducted on the basis of equality of arms and the adversarial process.

Article 63. Judge

1. A judge shall be independent in his/her activity and shall only comply with the Constitution and law. Any pressure upon a judge or any interference in his/her activity in order to influence his/her decision-making shall be prohibited and punishable by law. No one shall have the right to demand an account concerning a particular case from a judge. All acts restricting the independence of a judge shall be null and void.

2. A judge shall enjoy immunity. Criminal proceedings against a judge, his/her arrest or detention, and searches of his/her place of residence, place of work, vehicle or person shall be permitted only with the consent of the High Council of Justice and, in the case of a judge of the Constitutional Court, with the consent of the Constitutional Court. An exception may be made if a judge is caught at the crime scene, in which case the High Council of Justice or the Constitutional Court, respectively, shall be notified immediately. Unless the High Council of Justice or the Constitutional Court, respectively, consents to the detention, the detained judge shall be released immediately.

3. The State shall ensure the security of a judge and his/her family.

4. The office of a judge shall be incompatible with any other office and remunerative activities, except for academic and pedagogical activities. A judge shall not be a member of a political party or participate in a political activity.

5. A judge of the common courts may be removed from consideration of a case, dismissed or moved to another position only in cases defined by the organic law. The irremovability of a judge shall be guaranteed by the organic law. The reorganisation or liquidation of the court shall not be the basis for dismissing a judge appointed for life.

6. A judge of the common courts shall be a citizen of Georgia who has attained the age of 30, has a relevant higher legal education and at least 5 years of specialised professional experience. Additional qualification requirements for judges of the common courts shall be defined by the organic law. Judges of the common courts shall be appointed for life until they reach the age established by the organic law. Judges of the common courts shall be selected based on their conscientiousness and competence. The decision to appoint a judge shall be made by a majority of at least two thirds of the total number of the members of the High Council of Justice. The procedures for appointing and dismissing judges shall be determined by the organic law.

Article 64. High Council of Justice

1. The High Council of Justice of Georgia – a body of the common courts system – shall be established to ensure the independence and efficiency of the common courts, to appoint and dismiss judges and to perform other tasks.

2. The High Council of Justice shall consist of 14 members appointed for a term of 4 years, and the Chairperson of the Supreme Court. More than half of the members of the High Council of Justice shall be members elected from among the judges by the self-governing body of judges of the common courts. In addition to the members elected by the self-governing body of judges of the common courts, and the Chairperson of the Supreme Court, the High Council of Justice shall have one member appointed by the President of Georgia and members elected by a majority of at least three fifths of the total number of the Members of Parliament. The Chairperson of the High Council of Justice shall be elected for 4 years, but not more than the term defined by his/her term of office as a member of the High Council of Justice. The Chairperson of the High Council of Justice shall be elected by the High Council of Justice from among its judge members in accordance with the procedures established by the organic law. The Secretary of the High Council of Justice shall be elected for 4 years by the self-governing body of judges of the common courts from among the members of the High Council of Justice that have been elected by the self-governing body of judges of the common courts.

3. The High Council of Justice shall be accountable to the self-governing body of judges of the common courts. The procedure for accountability shall be determined by the organic law.

4. The competences of the High Council of Justice and the procedures for its establishment and activity shall be determined by the organic law.

Article 65. Prosecutor's Office

1. The Prosecutor’s Office of Georgia shall be independent in its activity and shall only comply with the Constitution and law.

2. The Prosecutor’s Office shall be led by the General Prosecutor, who is elected for a term of 6 years upon nomination by the Prosecutors’ Council by a majority of the total number of the Members of Parliament, in accordance with the procedures established by the organic law.

3. The Prosecutors’ Council shall be established to ensure the independence, transparency and efficiency of the Prosecutor’s Office. The Council shall consist of 15 members elected in accordance with the procedures established by the organic law. The Chairperson of the Prosecutors’ Council shall be elected by Council members for a term of 2 years.

4. The Prosecutor’s Office shall submit a report on its activities to Parliament on an annual basis.

5. The competences, structure and procedure for the activity of the Prosecutor’s Office shall be determined by the organic law.

Chapter Seven. Public Finances and Control

Article 66. State Budget

1. The Parliament of Georgia shall annually adopt the Law on the State Budget by a majority of the total number of its members.

2. Only the Government of Georgia shall have the right to present a draft State Budget to Parliament after the Basic Data and Directions have been examined with the committees of Parliament. The Government shall submit to Parliament a draft State Budget for the following year no later than 3 months before the end of a budget year. Together with a draft State Budget, the Government shall submit a progress report on the execution of the State Budget for the current year. The Government shall submit a report on the execution of the previous year’s State Budget to Parliament for approval no later than 5 months after the end of the budget year.

3. Amending a draft law on the State Budget shall be inadmissible without the consent of the Government. The Government may request that Parliament meets additional state expenses if it indicates the sources used to cover those expenses.

4. Parliament may adopt a law on increasing the expenditures or on reducing the revenues of a State Budget, or on introducing new financial obligations for the State for the current budget year, only with the consent of the Government. Laws related to the following budget year may be adopted with the consent of the Government or within the scope of the document on Basic Data and Directions of the country submitted by the Government to Parliament.

5. If Parliament does not adopt a State Budget by the beginning of a new budget year, expenses shall be covered in accordance with the procedures established by law, based on the State Budget of the previous year.

6. A reduction of the funds allocated for Parliament in the State Budget, as compared to the amount budgeted for the previous year, shall be possible only with the prior consent of Parliament. Parliament shall decide independently how to distribute the funds allocated for Parliament in the State Budget.

7. The Law on the State Budget shall be signed and promulgated by the President of Georgia in accordance with Article 46 of the Constitution. The remarks of the President on the Law on the State Budget may be accepted by Parliament only with the consent of the Government.

8. The procedures for drafting and adopting a State Budget shall be determined by law.

Article 67. Taxes and fees, economic policy

1. The payment of taxes and fees shall be mandatory in the amount and in accordance with the procedures established by law. Only the law shall determine the structure and the procedures for introducing taxes and fees, as well as their rates and the scope of those rates. Tax exemptions shall only be permitted by law. Tax controls shall be exercised only by the tax authorities defined by law.

2. The fundamental principles of economic policy for ensuring long-term and stable economic growth shall be defined by the organic law. In cases of special necessity, the breaching of and deviation from the limits set by macroeconomic parameters, as well as measures to be taken to return to those parameters, shall be determined by the organic law.

Article 68. National Bank

1. The National Bank of Georgia shall conduct monetary policy to ensure price stability and maintain the stable operation of the financial sector. The National Bank shall be the bank of banks, the banker and the fiscal agent of the Government.

2. The Board of the National Bank is the supreme body of the National Bank of Georgia. Members of the Board of the National Bank shall be elected by a majority of the total number of the Members of Parliament for a term of 7 years upon nomination by the President of Georgia. The President of Georgia shall appoint the President of the National Bank from among the members of the Board of the National Bank and dismiss him/her upon nomination by the Board of the National Bank.

3. The National Bank shall be independent in its activity. Only the administrative and capital expenditure of the National Bank shall be subject to supervision and control provided for by Article 69 of the Constitution. The National Bank shall be accountable to Parliament and shall annually submit an activity report to it.

4. Only the National Bank shall have the right to money emission. The name and unit of currency shall be determined by the organic law.

5. The competences, procedure for the activity and guarantees for the independence of the National Bank, shall be determined by the organic law.

Article 69. State Audit Office

1. The use and expenditure of budgetary funds and other public resources shall be supervised by the State Audit Office, with the purpose of facilitating the efficiency and accountability of public governance. It shall also be entitled to scrutinise the activities of other state bodies of fiscal and economic control and to submit proposals on improving tax legislation to Parliament.

2. The State Audit Office is led by the General Auditor, who shall be elected by a majority of the total number of the Members of Parliament for a term of 5 years upon nomination by the Chairperson of Parliament.

3. The State Audit Office shall be independent in its activity.

4. The State Audit Office shall be accountable to Parliament. Twice a year, together with the submission of preliminary and full reports on the execution of the State Budget, the State Audit Office shall submit to Parliament its conclusions on the Government report. Once a year, it shall submit to Parliament its own activity report.

5. The State Audit Office shall ensure the control of public funds by Parliament.

6. The competences, structure, procedure for the activity and guarantees for the independence of the State Audit Office shall be determined by the organic law.

Chapter Eight. State Defence and Security

Article 70. Defence Forces

1. Defensive war shall be a sovereign right of Georgia.

2. The defence of Georgia shall be every citizen’s duty. The procedure for performing military service shall be determined by law.

3. For the defence of state independence, sovereignty and territorial integrity, as well as for the fulfilment of other tasks related to defence and security as provided for by the Constitution and international obligations, Georgia shall have Defence Forces.

4. The types and composition of the Defence Forces shall be defined by law. The quantity of the Defence Forces shall be approved by a majority of the total number of the Members of Parliament upon recommendation by the Government.

5. During martial law, the merging of bodies responsible for state and public security with the Defence Forces shall be permitted by a decree.

6. The Defence Forces shall act by the orders of the Minister of Defence in accordance with the procedures established by law and, during a state of emergency or martial law, by the orders of the Prime Minister.

Article 71. State of emergency and martial law

1. In cases of armed attack, or a direct threat of armed attack on Georgia, the President of Georgia shall, upon recommendation by the Prime Minister, declare martial law, sign a truce (provided that the appropriate conditions are in place), and shall immediately present these decisions to Parliament for approval. The decision to declare martial law shall enter into force upon its announcement. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void.

2. In cases of mass unrest, the violation of the country’s territorial integrity, a military coup d’état, armed insurrection, a terrorist act, natural or technogenic disasters or epidemics, or any other situation in which state bodies lack the capacity to fulfil their constitutional duties normally, the President of Georgia shall, upon recommendation by the Prime Minister, declare a state of emergency across the entire territory of the country or in any part of it, and shall immediately present this decision to Parliament for approval. The decision shall enter into force upon the announcement of the state of emergency. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void. Emergency powers shall only apply to the territory for which the state of emergency is declared.

3. During martial law or a state of emergency, the President of Georgia shall, upon recommendation by the Prime Minister, issue decrees that have the force of the organic law, and which shall be in force until the martial law or the state of emergency has been revoked. A decree related to the authority of the National Bank shall be issued with the consent of the President of the National Bank. A decree shall enter into force upon its issuance. A decree shall be submitted to Parliament immediately. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void.

4. During a state of emergency or martial law, the President of Georgia shall have the right to restrict by decree the rights listed in Articles 13, 14, 15, 17, 18, 19, 21 and 26 of the Constitution across the entire territory of Georgia or in any part of it. During a state of emergency or martial law, the President of Georgia shall have the right to suspend by decree Articles 13(2)-(6), 14(2), 15(2), 17(3), (5) and (6), 18(2), 19(3) of the Constitution across the entire territory of Georgia or in any part of it. The President of Georgia shall immediately submit the decree provided for by this paragraph to Parliament for approval. A decree on the restriction of a right shall enter into force upon its issuance, whereas a decree on the suspension of a norm shall enter into force upon approval by Parliament. A decree on the restriction of a right shall be approved in accordance with the procedure established by paragraph 3 of this article.

5. General elections shall not be held during a state of emergency or martial law. If a state of emergency is declared in a certain part of the country, a decision on whether to conduct elections in the rest of the territory of the country shall be made by Parliament.

6. A decision on revoking a state of emergency or martial law shall be adopted in accordance with the procedures established for declaring and approving a state of emergency or martial law.

7. Decisions by Parliament on issues provided for by this article shall be adopted by a majority of the total number of its members.

Article 72. Use of the Defence Forces

1. Decisions on the use of the Defence Forces during martial law shall be made by the Prime Minister and shall not require Parliament’s approval.

2. During a state of emergency, the President of Georgia shall take decisions on the use of the Defence Forces upon recommendation by the Prime Minister, and shall immediately submit the decisions to Parliament for approval. Decisions shall enter into force upon their approval by Parliament. During natural or technogenic disasters or epidemics, the Prime Minister shall take decisions on the use of the Defence Forces, and these decisions shall not require Parliament’s approval. During natural or technogenic disasters or epidemics, Parliament shall be authorised to take decisions on the termination of the use of the Defence Forces.

3. Upon recommendation by the Government, the President shall take decisions on the use of the Defence Forces in order to meet the country’s international obligations, and shall immediately submit such decisions to Parliament for approval. Decisions shall enter into force upon approval by Parliament.

4. For the purposes of state defence, in special cases, as well as in cases provided for by law, the President of Georgia shall, upon recommendation by the Government, take decisions about the entry, use and movement of military forces of another state in the country. Decisions shall be immediately submitted to Parliament for approval and shall enter into force upon approval by Parliament.

5. Decisions by Parliament on issues provided for by this article shall be made by a majority of the total number of its members.

Article 73. National Defence Council

1. During martial law, a consultative body – the National Defence Council – shall be created and shall be chaired by the President of Georgia. The National Defence Council shall be composed of the President of Georgia, the Prime Minister, the Chairperson of Parliament, the Minister of Defence and the Commander of the Defence Forces. By the decision of the President of Georgia, individual members of Parliament and of the Government may be invited to become members of the Council. The National Defence Council shall act until the martial law has been revoked.

2. The competences and procedure for the activity of the National Defence Council shall be determined by law.

Chapter Nine. Local Self-Government

Article 74. Bodies, boundaries, legal basis of local self-government

1. Citizens of Georgia shall regulate issues of local importance through representative and executive bodies of local self-government. Representative bodies shall be elected on the basis of universal, equal and direct suffrage by secret ballot. Executive bodies shall execute the decisions of the representative bodies and shall be accountable to them.

2. A self-governing unit is a legal entity under public law. Decisions on the creation, abolishment or changing the boundaries of a self-governing unit shall be taken by Parliament upon recommendation by the Government and in consultation with relevant self-governing units.

3. Local self-governance shall be carried out in accordance with the procedures established by the organic law.

Article 75. Powers of self-governing units

1. The powers of the state authorities and the self-governing units shall be separated.

2. Self-governing units shall be authorised to take decisions, on their own initiative and in compliance with legislation, on all matters that do not fall within the exclusive powers of the State or of the autonomous republics, and which are not excluded from the powers of self-governing units by law.

3. A self-governing unit shall exercise its powers independently and be responsible for doing so within the ambit of the legislation of Georgia. A self-governing unit’s powers, as defined by the organic law, shall be full and exclusive.

4. The State shall delegate powers to a self-governing unit on the basis of a legislative act or agreement by transferring the appropriate material and financial resources.

5. The state authorities shall exercise legal supervision over the activities of a self-governing unit. To ensure that relevant decisions are made, the supervision of the activities of a self-governing unit shall be permissible only with respect to decisions made on the basis of delegated powers. State supervision shall be exercised in accordance with the procedures established by the organic law and in accordance with the principle of proportionality.

Article 76. Guarantees of local self-government

1. A self-governing unit shall have its own property and finances.

2. A self-governing unit shall define its organisational arrangement independently and in accordance with the organic law, and shall take decisions on staff-related issues independently, in accordance with the organic law and legislation regulating civil service.

3. A self-governing unit shall be entitled to co-operate with other self-governing units to exercise its powers, in accordance with the procedures established by the organic law. A self-governing unit shall be entitled to join unions of self-governing units, in accordance with the procedures established by the organic law.

4. The state authorities shall take decisions on issues related to local self-government in consultation with self-governing units. The procedure for consultations shall be determined by the organic law.

5. Decisions made by the bodies of local self-government within the scope of their competence shall be binding in the territory of respective self-governing units.

Chapter Ten. Revision of the Constitution

Article 77. Procedure for the revision of the Constitution

1. The Constitution shall be revised by a constitutional law. More than half of the total number of the Members of Parliament, or no less than 200 000 voters, shall be entitled to submit a draft constitutional law.

2. A draft constitutional law shall be submitted to Parliament, which shall make the draft public for nation-wide public discussions. Parliament shall begin deliberations on the draft law 1 month after its publication.

3. A constitutional law shall be considered adopted if it is supported by at least two thirds of the total number of the Members of Parliament. The constitutional law shall be submitted to the President of Georgia for signature within 10 days following its approval, in one hearing, without amendments by at least two thirds of the total number of the members of the next Parliament.

4. If supported by at least three fourths of the total number of the Members of Parliament, the constitutional law shall be submitted to the President of Georgia for signature within the time frame established by Article 46 of the Constitution.

5. A constitutional law related to the restoration of territorial integrity shall be adopted by a majority of at least two thirds of the total number of the Members of Parliament and shall be submitted to the President of Georgia for signature within the time frame established by Article 46 of the Constitution.

6. The President of Georgia shall sign and promulgate a constitutional law in accordance with the procedures established by Article 46 of the Constitution.

7. In case of the declaration of a state of emergency or martial law, deliberations on a draft constitutional law shall be suspended until the state of emergency or martial law has been revoked.

Chapter Eleven. Transitional Provisions

Article 78. Integration into European and Euro-Atlantic structures

The constitutional bodies shall take all measures within the scope of their competences to ensure the full integration of Georgia into the European Union and the North Atlantic Treaty Organization.

(Shall become effective upon taking of the oath of office by the President of Georgia to be elected in the next Presidential Elections)]

 

 

Head of State of Georgia                                                                                                                               Eduard Shevardnadze

Tbilisi

24 August 1995

No 786- რს

35. 23/03/2018 - Constitution of Georgia, Constitutional Law of Georgia - 2071-IIს - Website, 02/04/2018 - Amendment contains transitional provision 34. 13/10/2017 - Constitution of Georgia, Constitutional Law of Georgia - 1324-რს - Website, 19/10/2017 - Amendment contains transitional provision 33. 04/10/2013 - Constitution of Georgia, Constitutional Law of Georgia - 1456-Iს - Website, 16/10/2013 32. 25/03/2013 - Constitution of Georgia, Constitutional Law of Georgia - 496-რს - Website, 27/03/2013 31. 29/06/2012 - Constitution of Georgia, Constitutional Law of Georgia - 6602-რს - Website, 10/07/2012 30. 22/05/2012 - Constitution of Georgia, Constitutional Law of Georgia - 6240-Iს - Website, 29/05/2012 29. 22/05/2012 - Constitution of Georgia, Constitutional Law of Georgia - 6239-Iს - Website, 29/05/2012 - Amendment contains transitional provision 28. 22/05/2012 - Constitution of Georgia, Constitutional Law of Georgia - 6238-Iს - Website, 29/05/2012 27. 27/12/2011 - Constitution of Georgia, Constitutional Law of Georgia - 5630-რს - Website, 09/01/2012 - Amendment contains transitional provision 26. 01/07/2011 - Constitution of Georgia, Constitutional Law of Georgia - 4985-რს - Website, 110714025, 14/07/2011 25. 15/12/2010 - Constitution of Georgia, Constitutional Law of Georgia - 4033-რს - Website, 030111, 03/01/2011 - Amendment contains transitional provision 24. 15/10/2010 - Constitution of Georgia, Constitutional Law of Georgia - 3710-IIს - LHG, 62, 05/11/2010 - Amendment contains transitional provision 23. 12/02/2010 - Constitution of Georgia, Constitutional Law of Georgia - 2565 - LHG, 6, 22/02/2010 22. 24/09/2009 - Constitution of Georgia, Constitutional Law of Georgia - 1675 - LHG, 29, 12/10/2009 - Amendment contains transitional provision 21. 24/09/2009 - Constitution of Georgia, Constitutional Law of Georgia - 1674 - LHG, 29, 12/10/2009 - Amendment contains transitional provision 20. 10/10/2008 - Law of Georgia - 344 - LHG, 27, 27/10/2008 - Amendment contains transitional provision 19. 10/10/2008 - Law of Georgia - 343 - LHG, 25, 23/10/2008 18. 12/03/2008 - Law of Georgia - 5853 - LHG, 3, 13/03/2008 17. 11/03/2008 - Law of Georgia - 5833 - LHG, 3, 13/03/2008 16. 27/12/2006 - Law of Georgia - 4137 - LHG, 3, 11/01/2007 15. 27/12/2006 - Law of Georgia - 4136 - LHG, 3, 11/01/2007 14. 27/12/2006 - Law of Georgia - 4135 - LHG, 3, 11/01/2007 13. 27/12/2006 - Law of Georgia - 4133 - LHG, 3, 11/01/2007 - Amendment contains transitional provision 12. 27/12/2005 - Law of Georgia - 2496 - LHG, 1, 04/01/2006 11. 23/12/2005 - Law of Georgia - 2494 - LHG, 1, 04/01/2006 10. 23/02/2005 - Law of Georgia - 1010 - LHG, 8, 10/03/2005 9. 01/07/2004 - Law of Georgia - 306 - LHG, 16, 04/07/2004 8. 23/04/2004 - Law of Georgia - 6 - LHG, 9, 03/05/2004 7. 06/02/2004 - Law of Georgia - 3272 - LHG, 2, 07/02/2004 - Amendment contains transitional provision 6. 23/07/2003 - Law of Georgia - 2597 - LHG, 23, 12/08/2003 5. 10/10/2002 - Law of Georgia - 1689 - LHG, 28, 28/10/2002 4. 30/03/2001 - Law of Georgia - 826 - LHG, 9, 10/04/2001 3. 20/04/2000 - Law of Georgia - 260 - LHG, 15, 25/04/2000 2. 20/07/1999 - Law of Georgia - 2224 - LHG, 35(42), 28/07/1999 1. 20/07/1999 - Law of Georgia - 2221 - LHG, 35(42), 28/07/1999
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