On Public Safety

On Public Safety
Document number 2608-IIს
Document issuer Parliament of Georgia
Date of issuing 27/06/2018
Document type Law of Georgia
Source and date of publishing Website, 06/07/2018
Registration code 140070000.05.001.018915
Consolidated publications
2608-IIს
27/06/2018
Website, 06/07/2018
140070000.05.001.018915
On Public Safety
Parliament of Georgia
Attention! You are not reading the final edition. In order to read the final edition, please, choose the respective consolidated version.

Consolidated versions (02/04/2019 - 19/12/2019)

 

LAW OF GEORGIA

ON PUBLIC SAFETY

 

Chapter I - General Provisions

 

Article 1 - Scope and legal grounds of the Law

1. This Law defines the organisation of the National Public Safety System in Georgia, the measures of public safety, the powers of executive authorities, bodies of the Autonomous Republics and municipalities of Georgia, and the state representative, the rights and duties of legal entities under public law and legal entities under private law in the field of public safety, as well as citizens of Georgia and other persons staying in the territory of Georgia.

2. This Law shall apply in the case of an emergency situation or an incident occurring/expected during a state of emergency and martial law, unless otherwise provided for by the Law of Georgia on State of Emergency and the Law of Georgia on Martial Law.

3. The legal grounds for ensuring public safety in Georgia shall be: The Constitution of Georgia, international agreements of Georgia applicable in the field of public safety, this Law and other legal acts of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 2 - General principles of the Law

Activities of state bodies in the field of public safety shall be based on the following principles:

a) preference to the actions directed towards saving life or preserving health of people;

b) voluntary participation of natural and legal persons in emergency response measures;

c) ensuring publicity, transparency, free accessibility to and dissemination of information available in the field of public safety taking into account the restrictions established by the legislation of Georgia;

d) comprehensive approach to solving public safety tasks.

 

Article 3 - Definition of terms

For the purposes of this Law, the terms used herein shall have the following meanings:

a) public safety - ensuring the protection of human life/health, environment, and property from an emergency situation and the proper functioning of state institutes as a result of complex measures carried out in the territory of a country by state bodies, bodies of the Autonomous Republics and municipalities, as well as by the organisations provided for by this Law;

a1) the Emergency Management Service – a state sub-agency called the Emergency Management Service under the auspices of the Ministry of Internal Affairs of Georgia (‘the Ministry’);

b) emergency situation - a situation/combination of situations created on a certain territory/territories or a facility/facilities, during which the normal living conditions of people are disrupted and which poses, or may pose clear threat to human life and/or health, and/or which may cause significant damage to the environment, the property of natural/legal persons, the State and/or a municipality;

c) incident - happening that does not pose a clear threat to human life and/or health, and which may cause damage to the environment, the property of natural/legal persons, the State and/or a municipality;

d) emergency zone - a defined facility, territory, water area or airspace, where an emergency situation was originated and/or developed;

e) emergency risk - an expected consequence of a possible or developed emergency situation within a certain period, which is reflected in the adverse effects on human life and/or health, environment or the property of natural/legal persons, the State and/or a municipality;

f) preparedness - ability of the subjects of the National Public Safety System and the citizens of Georgia to respond effectively to emergency situations, reduce vulnerability and the constituencies of emergency situations;

g) emergency response - measures implemented for the purpose of protecting human life and health, environment and property, including fire fighting, containment and suppression, salvage work, emergency rescue operations and other urgent operations;

h) fire - an uncontrolled combustion, which poses a threat to human life and/or health, damages environment, the property of natural/legal persons, the State and/or a municipality;

i) salvage work - an action, the purpose of which is to search for and save people injured and/or lost as a result of an emergency situation, as well as to evacuate people from hazardous places;

j) emergency rescue operations - an action, the purpose of which is to save human life and property from an incident/emergency situation, as well as to minimise the consequences of hazardous factors characteristic to an accident, disaster, incident/emergency situation;

k) other urgent operations - providing emergency medical services, taking sanitary and epidemiological measures, sanitary cleaning and decontamination of the territory, ensuring public order in an emergency zone and carrying out other urgent operations;

l) rehabilitation works - immediate emergency measures/complex of immediate emergency measures, which are taken by emergency response forces in order to ensure the recovery of life processes and social presence in an emergency zone;

m) facility - property of a natural or a legal person, the State or a municipality (including territories, premises, vehicles, technological equipment, aggregates, appliances, wares and other material and technical means), for which the fire safety requirements, or the emergency prevention and emergency response requirements are established;

n) potentially hazardous facility - a facility subject to supervision, the production and technological process of which involves utilisation, production, treatment, storage or transportation of radioactive, fire hazardous, fire and explosion hazardous, hazardous chemical and biological substances and where an accident or improper running of a production and technological process may cause an emergency situation (including a threat of fire, destruction, explosion, emission or intoxication);

o) facility of vital importance - a hydro-technical structure, water supply, heat supply, energy or other facilities, which have special importance for the interests of public safety;

p) fire and explosion hazardous facility - industrial and storage premises and repositories, irrespective of their functional purpose, the production and technological process of which is characterised by a possibility of the occurrence of explosion and fire, or of fire followed by explosion;

q) fire hazardous facility - fire hazardous industrial and storage premises and repositories, irrespective of their functional purpose, the production and technological process of which is characterised by a possibility of the occurrence of fire and fire propagation, as well as by the impact of fire hazards on humans and material valuables;

r) organisation - an educational, fostering or medical institution, an industrial plant, as well as a legal entity under private law, from the activities of which a threat of emergency situation may arise;

s) accident - explosion, fire or leak of hazardous substance(s), which is caused by the uncontrolled development of the production and technological process of a potentially hazardous facility, and which poses a sudden and serious threat to human life, health, and/or the environment;

t) response forces - response units under the management of the National Public Safety System for the purpose of responding to an incident/emergency situation and carrying out rehabilitation works;

u) emergency population warning - transmitting warning signals and providing urgent information by emergency response management bodies to the subjects of the National Public Safety System and the public on a threat of an emergency situation and/or an emergency situation;

v) fire safety measures - actions to be taken in order to prevent the occurrence of fire, contain and suppress fire in the case of its occurrence, and to reduce the effects of fire;

w) fire safety requirements - special conditions of social and/or technical nature that are determined by the legislation of Georgia to ensure the fire safety measures;

x) special fire prevention regime - a temporary regime established on a certain territory/territories by the Emergency Management Service on the basis of information received on an increased threat of occurrence of an emergency situation and its analysis, which envisages the special rules of conduct of the subjects of the National Public Safety System and natural/legal persons in order to ensure fire safety measures;

y) mandatory operations - imposing an obligation, if necessary, on natural and legal persons by an emergency response management body, during the threat of the occurrence of an emergency situation or during the occurrence of an emergency situation, in response to the emergency situation, in order to carry out a relevant action or abstain from carrying out the action;

z) emergency prevention and response requirements - special rules of social and/or technical nature, established by the legislation of Georgia, for the purpose of preventing and responding to an emergency situation;

z1) fire and rescue division - a division established for the purpose of fire prevention, fire fighting, for carrying out emergency rescue operations, emergency prevention and response measures, as well as for carrying out searching of people and other salvage work in the relevant territory or organisation;

z2) supervision - monitoring the fulfilment of the fire safety requirements and the emergency prevention and response requirements in facilities and implementing appropriate response measures;

z3) shelter - a building or a structure that may be used to protect people from different damaging factors for a certain period during emergency situations or military operations. The shelter may have a dual purpose, a civil or an industrial building and/or a special hermetic protective structure that is designed by taking into consideration the damaging factors;

z4) guesthouse - a building(s) intended or used for rent for the purposes of providing supervision in the state fire supervision facility, and consisting of at least 3 isolated residences arranged for living and sleeping, where food may be provided;

z5) municipality safety passport - a preliminarily developed document for assessing, in a municipality, the risk levels or possible effects of an emergency situation, or the activities carried out for emergency prevention by a body of the municipality, and for planning the development and implementation of measures intended for the reduction of the emergency risk;

z6) safety passport of a potentially hazardous facility - a preliminarily developed document that is intended to determine the emergency risk level, the possibility of an emergency situation, and the effects of an emergency situation on the personnel serving in potentially hazardous facilities and on the population of adjacent territories, to assess the impact of an emergency situation on neighbouring facilities or the readiness for emergency prevention and emergency response, and to plan the development and implementation of measures intended for the emergency risk reduction in potentially hazardous facilities;

z7) National Situation Room – a station equipped with relevant technical and technological means, which is activated during an emergency situation of national importance, where the data from the place of incident and from other possible information sources (including video and audio signals) are promptly received/processed and where the management of the emergency situation is carried out at the strategic (political) level, for the purpose of coordinated activities of the agencies involved in liquidation of the consequences of the emergency situation;

z8) employee of the Emergency Management Service (‘the employee’) - an employee recruited on the position provided by the staff list of the Emergency Management Service and of a legal entity under public law operating under the Emergency Management Service, as well as a person employed in the system of the Emergency Management Service on the basis of an employment agreement;

z9) fire rescuer - a person who is directly involved in fire prevention and fire fighting measures, performs salvage work/emergency rescue operations, carries out emergency prevention and emergency response operations, manages and organises such measures, has appropriate special, physical and psychological training, theoretical knowledge and practical skills.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

Law of Georgia No 4407 of 2 April 2019 - website, 8.4.2019

 

Chapter II - National Public Safety System, Functions and Duties of Its Subjects and Natural Persons

 

Article 4 - National Public Safety System

1. The National Public Safety System (‘the National System’) shall be a unified network of institutions of the executive authorities of Georgia, legal entities under public law and state sub-agencies, authorities of the Autonomous Republics, bodies of municipalities and the state representatives (subjects of the National System), which shall carry out appropriate complex measures, at the strategic (political), operational and tactical levels, using relevant resources and instruments, for protecting human life and health, environment and/or property from incidents/emergency situations caused by martial law, natural and/or man-made factors.

2. The National System shall ensure the taking of appropriate measures during the main phases (emergency prevention, readiness for an emergency situation, emergency response, and the conduct of rehabilitation works) of the continuous process of emergency management, the organisation of activities of the response forces, their management and the creation of the material resources.

3. The leading body of the National System during a peaceful period shall be the Emergency Management Service, the department of the fire and rescue forces of which is the main operating forces of the National System.

4. A list of the subjects of the National System, their competence in the field of public safety, the measures to be taken for the purposes of emergency prevention, readiness for an emergency situation, emergency response and those to be taken for rehabilitation works, as well as the matters related to emergency management that are not regulated by this Law, shall be determined by the Ordinance of the Government of Georgia on the Approval of the National Public Safety Plan, which shall be developed in coordination with the subjects of the National System and shall be submitted by the Ministry to the Government of Georgia for approval.

5. On the basis of the nature of an expected or an actual emergency situation, the National System shall function under the management of the relevant emergency response management body determined by Articles 16-18 of this Law and the National Public Safety Plan. If an incident transforms into an emergency situation, the relevant subjects of the National System shall transfer to the emergency mode of operations by the decision of the relevant emergency response management body.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 5 - Duties of the subjects of the National System

1. The subjects of the National System, except for the organisations and bodies of municipalities, in the fields falling under their jurisdiction, and in accordance with the procedure established by the legislation of Georgia, shall:

a) ensure the emergency risk management - the identification of hazards, analysis of emergency situation risks and their impact, and the development of emergency risk management plans on the basis of the analysis;

b) plan and carry out emergency prevention measures, as well as plan and carry out the measures intended to reduce emergency situation risks;

c) ensure the readiness for emergency situations;

d) respond to incidents/emergency situations;

e) protect humans, environment and property from incidents/emergency situations;

f) develop a warning system for incidents/emergency situations, as well as develop an early warning system;

g) timely transmit a warning regarding an incident/emergency situation and information regarding the rules of conduct during an incident/emergency situation;

h) carry out rehabilitation works;

i) promote safe and stable operation of a facility of vital importance;

j) establish shelters for humans, stock up articles of prime necessity, food products and water, mobilise personal/collective protection equipment and other material resources;

k) organise the measures for humanitarian aid;

l) collect, process and exchange information in the field of public safety;

m) develop an emergency management plan;

n) ensure the training of the citizens of Georgia in the field of public safety and raise their awareness regarding emergency situations;

o) take necessary measures to save humans and property before the arrival of the fire and rescue division at the place of an incident/emergency situation;

p) provide help in organising the evacuation of people and where necessary, place them in shelters;

q) maintain the qualitative indicators for the shelters in their use;

r) fulfil other obligations determined by the legislation of Georgia.

2. Bodies of municipalities shall exercise the powers provided for by paragraph (1) of this article on the basis of delegation. The decision on the delegation of powers provided for by paragraph (1) of this article shall be made by the Government of Georgia, and an agreement on the delegation of the said powers shall be concluded by the Ministry.

3. Organisations, within their scope of activities and in accordance with the procedure established by the legislation of Georgia, shall ensure:

a) the planning and taking of emergency prevention measures;

b) the development of an emergency management plan;

c) the readiness of the response forces and the mobilisation of material resources necessary for an incident/emergency response;

d) the sending of a warning to an emergency response management body regarding an expected or occurring incident/emergency situation;

e) the taking of necessary measures to save humans, property and/or environment before the arrival of the fire and rescue division at the place of an incident/emergency situation;

f) the training of their employees and other persons who are present in the expected emergency zones;

g) the constant readiness of the emergency warning system, as well as the early warning system, and the elements in their use/ownership;

h) the preservation of the qualitative indicators for the shelter in their use;

i) the raising of awareness on emergency situations, as well as the development and implementation of communication plans for this purpose;

j) the fulfilment of other obligations determined by the legislation of Georgia.

4. The subjects of the National System are obliged to provide information to the Emergency Management Service on incidents/expected or occurring emergency situations.

5. The procedures for developing the emergency management plan and the emergency risk management plan shall be established by the Government of Georgia.

6. The subjects of National System, within their competence, shall ensure the creation of material resources for the purpose of responding to emergency situations caused by natural or man-made factors. The procedure for creating and using material resources for the purpose of responding to emergency situations caused by natural and man-made factors, shall be established by the Government of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 6 - Duties of the citizens of Georgia and other persons staying in the territory of Georgia

A citizen of Georgia, a person staying in the territory of Georgia, shall have the following obligations in the field of public safety, namely to:

a) immediately notify a relevant state body on an incident/emergency situation in accordance with Article 19(1) of this law;

b) take necessary measures, to the extent possible, for saving human life, heath, environment and/or property before the arrival of the response forces at the place of an incident;

c) fulfil the obligations imposed within the mandatory operations and other requirements established by the legislation of Georgia;

d) not participate in such activities related to the environment that pose a threat to his/her life or the life of another person, and/or which will increase the risk of an emergency situation, or not start such activities himself/herself.

 

Article 7 - Voluntary work

1. The State shall promote voluntary work in the field of public safety.

2. A volunteer in the field of public safety may be a legally competent citizen of Georgia, who has attained the age of 18, whose health condition will not prevent him/her to carry out voluntary work, and who is ready to voluntarily perform community service using his/her knowledge and skills.

3. A person who is registered in the National Volunteer List shall be considered as a volunteer in the field of public safety. When a person registers himself/herself in the National Volunteer List, the Emergency Management Service shall conclude a contract on voluntary work with the volunteer. A person who is not registered in the National Volunteer List, may be permitted to perform only ancillary functions when carrying out the emergency response and emergency prevention measures.

4. The Emergency Management Service shall ensure the training of persons (volunteers) registered in the National Volunteer List for the purpose of developing their basic skills, facilitate the self-organisation of the volunteers according to territorial principles on the basis of their qualifications and/or special skills or other grounds, and their joining to the international volunteer organisations. The Emergency Management Service shall be authorised to give volunteers and their family members a possibility to use the infrastructure registered on the balance of the Emergency Management Service for the purpose of self-development (including for exercising or for educational purposes), to plan and make simulation exercises, field exercises, training meetings and other events and promotional projects with other state agencies, municipalities, legal persons of private law, and non-governmental organisations. The Emergency Management Service shall be authorised to provide volunteers with appropriate equipment for temporary use for the purpose of the fulfilment of the assigned functions.

5. The social protection guarantees for fire rescuers of the Emergency Management Service established by Article 62, Article 65(2) and (3) and Article 66(1)-(3) of this Law shall apply to persons (volunteers) registered in the National Volunteer List. The Emergency Management Service shall be entitled to compensate a person (volunteer) registered in the National Volunteer List, in the case of the submission of a relevant document, for the fare to the place of an emergency situation, as well as care for his/her food and accommodation according to the specificities of the emergency situation and the duration of the emergency response measures.

6. Damage caused by a volunteer during the emergency response measure shall be compensated by the State, except for the case where the volunteer committed the act intentionally or with gross negligence. The volunteer is obliged to compensate for the damage caused intentionally or with gross negligence.

7. The procedures for registering a person in or for removing a person from the National Volunteer List in field of public safety, as well as other matters related to the organisation of volunteer activities, shall be determined by the statute of volunteers in the field of public safety, which shall be approved by the Government of Georgia upon the recommendation of the Ministry of Internal Affairs of Georgia (‘the Ministry’).

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 8 - Expert advisory council

1. An expert advisory council shall be established within the Emergency Management Service and shall comprise the representatives of the scientific and research fields and/or groups of sectoral experts in order to draw up a unified policy, develop the National System, assess the relevant risks and plan preventive measures in the field of public safety.

2. The membership of the expert advisory council shall not be paid. The organisational and logistic support of the activities of the expert advisory council shall be ensured by the Emergency Management Service.

3. The procedure for the recruitment and operation of the Expert Advisory Council shall be determined by an order of the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 9 - Funding of public safety measures

1. The public safety measures defined by this Law, the national public safety plan and other legal acts in the field of public safety shall be funded from the State Budget, the budget of the Autonomous Republics, and of bodies of municipalities respectively, and from other resources permitted by the legislation of Georgia.

2. Organisations shall, within the scope of the rights granted to and the obligations imposed on by this Law, fund public safety measures using their own financial resources, while budget-financed educational, fostering and medical institutions shall fund public safety measures under appropriate targeted programmes.

 

Chapter III - Emergency Prevention and Readiness

 

Article 10 - Emergency Prevention

1. Emergency prevention is a set of legal, organisational, economic, educational, engineering and technical, sanitary and hygienic, sanitary and epidemiological, scientific and research and other measures, which are aimed to identify and assess the risks of an emergency situation, to minimise (mitigate) or prevent the emergency situation risk and/or related negative effects for the protection of humans, the environment and property, which shall include:

a) the measures for determining the probability of the occurrence of an emergency situation, for monitoring and preventing emergency situations;

b) the measures taken for the systematic minimisation of the damaging potential of dangerous natural phenomena and processes, and respective engineering and technical measures;

c) the measures taken for preventing industrial accidents, for increasing the safety of the production and technological processes and the reliability of the operation of machinery;

d) preparing a map of emergency situation risks, division of the territory and the cities of Georgia into groups and division of organisations into categories;

e) the preparation of safety passports for potentially hazardous facilities and for municipalities;

f) the delivery of educational projects for raising awareness of people;

g) other preventive measures.

2. Emergency prevention shall be carried out by the subjects of the National System in accordance with the national public safety plan, the ordinance of the Government of Georgia on the Approval of the Procedure for Developing Natural Emergency Prevention Measures, the ordinance of the Government of Georgia on the Approval of the Procedure for Preventing the Spillage of Oil and Oil Products in the Territory of Georgia and for Liquidating its Consequences”, emergency management plan and other legal acts established by the legislation of Georgia.

3. The procedure for protecting human life on waters and for ensuring its safety shall be approved by an ordinance of the Government of Georgia.

4. The procedure for preparing a municipality safety passport shall be determined by the Government of Georgia.

 

Article 11 - Classification of facilities

1. For the purposes of the assessment of damaging factors of the expected emergency situation and for responding to the emergency situation, facilities of vital importance, depending on their defensive, economic, potential hazards and/or vital importance, shall be divided into categories, which shall be determined by the Government of Georgia.

2. A potentially hazardous facility shall prepare a safety passport and a declaration of the potentially hazardous facility and submit them to the appropriate division of the Emergency Management Service. The procedure for preparing a safety passport and a declaration of a potentially hazardous facility shall be determined by an ordinance of the Government of Georgia.

 

Article 12 - Informing the citizens of Georgia and other persons staying in the territory of Georgia in the field of public safety

1. The subjects of the National System shall, within their competence, inform the citizens of Georgia and other persons staying in the territory of Georgia in the field of public safety. Persons with disabilities (persons with visual and hearing impairments) shall be informed in a manner that is understandable for them.

2. The citizens of Georgia and other persons staying in the territory of Georgia shall be informed in the field of public safety through mass media, special literature and other forms of public information.

3. During emergency situations, when human life and/or health is/may be threatened, an electronic communication company that ensures the supply and/or services by mobile communication networks and means, and the Public Broadcaster shall ensure the provision of warnings and other information regarding emergency situations for the citizens of Georgia and other persons staying in the territory of Georgia, at the request of the Emergency Management Service.

4. Warnings and other information to be provided to the citizens of Georgia and other persons staying in the territory of Georgia shall include:

a) data on the expected or occurring emergency situations and the boundaries of their propagation;

b) data on the scope of activities of organisations and on the expected impact of the emergency situation on people and the environment;

c) data on the consequences of expected or occurring emergency situations;

d) the rules of conduct during emergency situations;

e) data on the measures taken for the protection of the citizens of Georgia and other persons staying in the territory of Georgia.

5. A warning to the citizens of Georgia and other persons staying in the territory of Georgia shall be transmitted using the warning system for incidents/expected or occurring emergency situations, the statute of which shall be approved by the Government of Georgia.

 

Article 13 - Training and readiness of the response forces and the citizens of Georgia

1. The subjects of the National System shall, within their competence, ensure the training and readiness of the response forces and the citizens of Georgia in the field of public safety through the programmes agreed with the Emergency Management Service for the purpose of acquiring knowledge and skills for the emergency prevention and emergency response.

2. Readiness of the response forces and the citizens of Georgia shall be ensured by planning complex measures that ensures the acquisition of knowledge and skills for the purpose of predetermining the expected or actual emergency situations and for ensuring immediate response to such situations.

3. The teaching of fire safety rules and the rules of conduct during emergency situations, as well as fire safety requirements and emergency prevention and emergency response requirements in educational institutions shall be ensured by the said institutions through the programmes agreed with the Emergency Management Service.

4. The Emergency Management Service shall be authorised to plan and implement targeted projects, including projects in cooperation with other state agencies and/or non-governmental/international organisations for the purpose of preventing emergency situations, raising awareness and ensuring the development of practical skills in the field of public safety.

5. Public safety exercises (‘the exercises’) shall also be held for the purpose of ensuring the readiness of the response forces and the citizens of Georgia in the field of public safety.

6. The types of exercises shall be:

a) command post exercises;

b) special tactical exercises;

c) full-scale exercises.

7. The procedure for organising the training of the citizens of Georgia in the field of public safety shall be determined by an ordinance of the Government of Georgia.

 

Chapter IV - Management of Incidents and Emergency Situations

 

Article 14 - Classification of incidents and emergency situations

1. In order to manage incidents/emergency situations, an incident/emergency situation shall, depending on their origin, be classified into the following types:

a) natural;

b) man-made (technogenic).

2. The procedure for classifying incidents and emergency situations shall be approved by the Government of Georgia.

 

Article 15 - Categories of emergency situations

1. An emergency situation may be of local importance or of national importance, taking into account its effects, the size of the response forces and the material resources necessary to eliminate such situation, and depending on its nature, location and its propagation area in the territory of Georgia.

2. An emergency situation shall be of local importance, if the emergency situation is expected, created and/or developed in the territory of a municipality(ies), for the management of which, depending on its nature, the response forces and the means of a subject of the National System, or different response forces and means placed in the territory of one or several neighbouring municipalities are sufficient.

3. An emergency situation may be of national importance, if the emergency situation is expected, created and/or developed in the territory of a municipality(ies):

a) which cannot be managed, due to its nature, through the response forces and means of a subject of the National System, or through different response forces and means located in the territory of one or several neighbouring municipalities;

b) the impact of which may be spread to most territory of Georgia and may pose a threat to human life and/or health;

c) which may pose a threat to the preservation of national treasure, objects of cultural heritage, and the rare and endangered species of animals and plants entered in the Red Book and the Red List of Georgia;

d) which may cause significant damage to the economy or the environment of Georgia;

e) the containment and suppression of which last for longer period;

f) the containment and suppression of which requires international support.

4. A decision on assigning a category of an emergency situation of national importance to an emergency situation shall be made by the Government of Georgia on the basis of a recommendation of the Minister.

5. In special cases, the Government of Georgia shall be authorised, in the interests of public safety or by taking into account the emergency risk, to assign a category of an emergency situation of national importance to an emergency situation of local importance on the basis of the recommendation of the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 16 - Emergency response management

1. Emergency response management, except for the cases provided for by Article 17 and Article 18 of this Law, shall be carried out at the strategic (political), operational and tactical levels, in accordance with the procedure established by this Law.

2. The management of response to the emergency situation of national importance shall be carried out:

a) at the strategic (political) level - by the Prime Minister of Georgia, or a person duly authorised by the Prime Minister of Georgia, to whom the National Security Council shall submit corresponding recommendations and proposals for making a political decision, and shall provide organisational, informational and analytical support;

b) at the operational level - by the Ministry or an interagency operations centre established on the basis of a decision of the Prime Minister of Georgia on the recommendation of the Minister.

3. The management of response to the emergency situation of local importance shall be carried out by:

a) a relevant subject of the National System - in the case of an emergency situation, for the management of which, considering its nature, the response forces and means of a subject of the National System are sufficient;

b) local emergency headquarters - in the case of an emergency situation, for the management of which, considering its nature, different response forces and means located in the territory of one or several neighbouring municipalities are necessary.

4. In the case provided for by paragraph 3(a) of this article, a relevant subject of the National System shall, within its competence and own resources, organise the response to the expected, created and/or developed emergency situation at the operational and tactical levels, in accordance with this Law, the National Public Safety Plan and the Emergency Management Plan. The relevant subject of the National System is obliged to immediately submit to the Emergency Management Service information regarding the emergency situation.

5. In the case provided for by paragraph 3(b) of this Article, a local emergency headquarters shall be established by an individual administrative act of the Minister on the recommendation of the head of the Emergency Management Service. The local emergency headquarters shall be composed of the representatives of the territorial division of the Emergency Management Service and other relevant subjects of the National System. The local emergency headquarters shall organise and coordinate the response to the expected, created and/or developed emergency situations at the operational and tactical levels. The local emergency headquarters shall be headed by an authorised representative of the Emergency Management Service.

6. A body that carries out emergency response management at the operational level, shall be authorised to establish one or several headquarters in the emergency zone or in its adjacent territory, as the case may be, and appoint a head(s) of such headquarters. The headquarters for the field operations shall respond to an emergency situation and manage response forces at the tactical level.

7. Before the establishment of the headquarters for the field operations, a territorial division of the Department of Fire and Rescue forces of the Emergency Management Service shall provide initial response at the tactical level.

8. If the headquarters for the field operations has already been established, the response forces shall, irrespective of their subordination, become subordinate to the head of the headquarters for the field operations upon the arrival at the emergency zone.

9. If an emergency situation of national importance is declared, the Ministries of Georgia (except for the Ministry) and special-purpose agencies of the executive authorities, which are directly subordinated to the Government of Georgia, shall establish interagency emergency headquarters that have continuous contact with the Emergency Management Service, and in the case of the establishment of an interagency operations centre at the operational level, shall nominate a deputy whose authority shall be at least equal to the authority of the head of the agency, and/or the head of the structural subdivision, for their inclusion as the members of the interagency operations centre.

10. The management of response to the emergency situation of national importance at the strategic (political) level shall be carried out by the Prime Minister of Georgia, using a National Situation Room. The operation of the National Situation Room shall be ensured by the office of the National Security Council.

11. For the purpose of ensuring human safety during the emergency response, the movement in the emergency zone may be restricted or prohibited by a decision of a body carrying out the emergency response management at the operational level.

12. Emergency response on the basis of the significance of the emergency situation shall be carried out in accordance with the National Public Safety Plan.

13. Where necessary, the Emergency Management Service shall be authorised to mobilise veterans with relevant skills that are pre-registered in the database of the Emergency Management Service and to engage them in the emergency response measures in order to respond to emergency situations.

14. In order to respond to emergency situations, the relevant units of the Military Forces of Georgia may be used, or the persons enlisted in the military reserve may be mobilised in accordance with the procedure established by the legislation of Georgia.

15. The engagement of the response forces and means in the emergency response measures during an emergency situation shall be carried out in accordance with the procedure determined by an ordinance of the Government of Georgia.

16. The emergency response management body shall control the quality of the response during the emergency response, and assess the response and the shortcomings identified during the emergency response after the liquidation of the effects of the emergency situation.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

Law of Georgia No 4407 of 2 April 2019 - website, 8.4.2019

 

Article 17 - Management of the response to other emergency situations caused by terrorist activities or human errors

1. The management of the response to extreme circumstances created as a result of terrorist activities and an emergency situation caused by terrorist activities, shall be carried out in accordance with the procedure established by the Law of Georgia on Combating Terrorism.

2. The Ministry shall, within its competence, carry out response measures in accordance with the legislation of Georgia during an emergency situation caused by a human error, which endangers public safety and legal order and the response to which is related to the use of force, weapons or special means provided for by Police Law of Georgia.

3. The management of a crisis situation occurring in a penitentiary institution shall be carried out in accordance with the procedure established by the Imprisonment Code.

4. The relevant responsible agencies shall be allowed to use a National Situation Room, where necessary, on the basis of a decision of the Prime Minister of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

Law of Georgia No 4407 of 2 April 2019 - website, 8.4.2019

 

Article 18 - Incident/emergency situation management during the martial law and civil and military cooperation during peace

1. Incident/emergency situation management during the martial law shall be carried out in accordance with the National Defence Plan.

2. Matters related to interaction between the Emergency Management Service and the armed forces during peace shall be determined by the Civil and Military Cooperation Plan approved on the basis of an ordinance of the Government of Georgia.

 

Article 19 - Procedures for responding to incidents/emergency situations

1. A natural or a legal person, in the case of receiving information on the origination of an incident/emergency situation, is obliged to immediately send a message via a unified emergency telephone number '112', and where possible, to carry out initial response measures in relation to the incident/emergency situation.

2. A message sent to unified emergency telephone number '112' shall be forwarded to a relevant response body of the National System. During the forwarding of information on the messages sent to the unified emergency telephone number '112' to the relevant response body of the National System, and during the provision of measures of initial response in relation to an incident/emergency situation, the procedures for coordination between the Ministry and the relevant response body of the National System shall be determined by an order of the Minister.

3. The response forces of a relevant subject of the National System shall provide appropriate response measures upon the receipt of information on an incident/emergency situation. During the process of responding to the incident, the relevant subject of the National System shall assess the type and degree of the incident, and if the incident transforms into an emergency situation, the relevant subject of the National System shall manage it within its competence. If there is a risk that due to the nature of the emergency situation, the response forces of the relevant subject of the National System are not sufficient for managing the emergency situation, and/or the management of the emergency situation is beyond the competence of the relevant subject of the National System, the relevant subject of the National System shall apply to the Emergency Management Service for the necessity of establishing a local emergency headquarters.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 20 - Keeping records of incidents/emergency situations and of their effects

1. For the purpose of emergency prevention, readiness for an emergency situation and emergency response, the Emergency Management Service shall establish and maintain a unified information bank, where information on the expected and occurring emergency situations and on the response forces of the subjects of the National System shall be reflected, as well as the data on safety passports of potentially hazardous facilities and other data, kept by the subjects of the National System that are necessary for preparing an analysis on the current situation in the field of public safety.

2. Official statistical records, analysis and the state statistical reporting of incidents/emergency situations and their effects shall be carried out by the Emergency Management Service.

3. The procedures for registering an incident, and an expected or an occurring emergency situation and their effects, and the procedures for processing the data shall be determined by the Government of Georgia.

4. Observance of the procedures for registering an incident, and an expected or an occurring emergency situation and their effects, and for processing the data, shall be obligatory for the public authorities, bodies of the Autonomous Republics and municipalities, as well as for natural and legal persons carrying out entrepreneurial activities.

 

Article 21 - Basic measures for protecting citizens of Georgia and other persons staying in the territory of Georgia from emergency situations

1. The basic measures for protecting citizens of Georgia and other persons staying in the territory of Georgia from emergency situations shall be: their evacuation and/or accommodation in shelters, fire, engineering, chemical, radiation, medical and biological protection measures, and other public safety measures to be carried out for the purpose of providing psychological assistance.

2. Personnel of facilities of vital importance shall be protected from emergency situations in shelters.

3. Underground railway structures, caves, bunkers, tunnels, and lower ground floors and repositories of buildings (including dual-purpose buildings) suitable for shelters shall be used as shelters.

4. The maintenance and intended use of shelters shall be ensured by persons authorised to possess, manage and/or use the property.

5. Shelters and buildings suitable for shelters, and repositories shall be registered by relevant territorial divisions of the Emergency Management Service in accordance with the determined procedures.

6. The intended use of shelters and buildings suitable for shelters, and of repositories, may be changed on the basis of a prior written consent of the Ministry and the Ministry of Defence of Georgia. It shall be inadmissible to alienate a state-owned shelter without a prior written consent of the Ministry and the Ministry of Defence of Georgia.

7. A decision on the evacuation of natural persons, material assets and animals from an emergency zone and/or its adjacent territories, shall be made by the Prime Minister of Georgia, or a person duly authorised by the Prime Minister of Georgia, if an emergency situation is of national importance, and by the Minister, on the recommendation of the head of the Emergency Management Service, if an emergency situation is of local importance, in accordance with the procedures established by the Government of Georgia. The decision on evacuation shall be executed in accordance with the National Public Safety Plan.

8. The fire, engineering, chemical, radiation, medical and biological protection measures of people, and the organisation of carrying out such measures shall be determined by the legislation of Georgia.

9. The characteristics of shelters and the procedures for their registration shall be determined by an ordinance of the Government of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 22 - Mandatory operations

1. Natural and legal persons are obliged to fulfil the obligations imposed within the mandatory operations when responding to an emergency situation, in accordance with the procedures established by an ordinance of the Government of Georgia.

2. The mandatory operations shall be carried out only if the response forces and the material resources of the subjects of the National System are not sufficient for responding to an emergency situation.

3. Costs incurred and damage caused when fulfilling the obligations imposed within the mandatory operations shall be compensated to the natural and legal persons in accordance with the procedures established by the legislation of Georgia.

 

Article 23 - Host nation support

1. For the purposes of this Law, host nation support shall mean the organisation of sending or receiving a request for international support. The request for international support shall imply the request for personnel, material resources, special equipment, the use of the territory of a country for transit, and other necessary requirements for the purpose of responding to an emergency situation.

2. During the development of an emergency situation, or before the onset of an imminent emergency situation, when, based on the preliminary assessment, emergency situation cannot be responded to, or it requires long time, the Emergency Management Service shall, on the basis of the assessment of the needs, damage and internal, national capabilities, determine the necessity of requesting international support in coordination with other institutions of the executive authorities of Georgia, and shall submit a proposal on requesting international support to the Minister. A decision on requesting international support shall be made by the Prime Minister of Georgia, or a person duly authorised by the Prime Minister of Georgia, on the recommendation of the Minister, if such person is determined in accordance with Article 16(2)(a) of this Law.

3. The proposal on requesting international assistance submitted by the Emergency Management Service shall reflect the list of material resources and international personnel necessary for responding to an emergency situation. The list shall be updated systematically depending on the circumstances created during an emergency situation.

4. After a decision on requesting international assistance is made by the Prime Minister of Georgia, or a person duly authorised by the Prime Minister of Georgia, the Emergency Management Service shall send a request for international assistance to relevant countries and international organisations in coordination with the Ministry of Internal Affairs of Georgia.

5. Procedures for organising the measures of support to be taken by the host nation in the field of public safety shall be determined by the Government of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Chapter V - Fire Fighting, Salvage Work and Emergency Rescue Operations

 

Article 24 - Types of fire and rescue divisions

1. Types of fire and rescue divisions shall be:

a) on the state level - a fire and rescue division operating under the Emergency Management Service;

b) on the agency level - a fire and rescue division established by an institution of the state authorities, a legal entity under public law, an Autonomous Republic, or a body of a municipality;

c) on the private level - a fire and rescue division established by an entrepreneurial entity or a non-entrepreneurial (non-commercial) legal entity.

2. The procedures for the establishment and operation of an agency-level fire protection division shall be determined by a legal act of the head of the relevant body.

3. The procedures for operation and inspection of the private-level fire and rescue divisions shall be determined on the basis of the technical regulations approved by an ordinance of the Government of Georgia.

4. The procedure for organising the activities of the fire and rescue division of the Emergency Management Service shall be approved by the Minister.

5. Methodological assistance to agency-level and private-level fire and rescue divisions, and inspection of the private-level fire and rescue division shall be provided by the Emergency Management Service.

6. A list of the critically important, potentially hazardous facilities and objects of national treasure and cultural heritage, where the establishment of a fire and rescue division is necessary, shall be determined by an ordinance of the Government of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 25 - Legal regulation of fire safety requirements

1. A draft normative act laying down the fire safety requirements, to be adopted by the Government of Georgia and to be issued by the head of an institution of the executive authority of Georgia, shall be agreed with the Ministry. The legal supervision of the normative act to be adopted by a representative body of a municipality within the scope of delegated powers shall be carried out in accordance with the Organic Law of Georgia Local Self-Government Code.

2. Basic fire safety requirements, including matters related to arranging and exploiting fire hydrants, shall be determined by the ordinance of the Government of Georgia on the Approval of the Technical Regulations on the Terms and Conditions of Fire Safety.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 26 - Developing and taking fire safety measures

1. Fire safety measures shall be developed on the basis of fire fighting experience and the assessment of fire hazardous properties of substances, materials, production processes, manufactured articles, constructions, buildings and structures.

2. Manufacturers (suppliers) of substances, materials, manufactured articles, and devices shall specify in the technical documentation fire hazardous properties of their products in the cases determined by the legislation of Georgia, and fire safety requirements necessary for working with such substances, materials, manufactured articles, and devices.

3. When developing and adopting fire safety measures for buildings, structures, and other facilities of entrepreneurial and non-entrepreneurial (non-commercial) legal persons, or when designing the aforesaid facilities, the measures for the evacuation of people during fire shall be taken into account.

4. A fire and explosion hazardous facility shall develop a fire fighting plan by taking into account the measures for ensuring human safety.

 

Article 27 - Organising fire fighting and emergency rescue operations

1. During an emergency situation of local importance, fire fighting and emergency rescue operations shall be organised and the relevant measures shall be managed by the Emergency Management Service.

2. The fire and rescue divisions shall arrive at the incident sites, fight fire and/or conduct emergency rescue operations unconditionally for fighting fire and carrying out emergency rescue operations.

3. During an emergency situation of local importance, the Emergency Management Service, in agreement with the Minister, and during an emergency situation of national importance, the Prime Minister of Georgia, or a person duly authorised by the Prime Minister of Georgia, shall be entitled to involve the response forces of the National System, including the agency-level fire and rescue divisions, in the fire fighting measures for the purpose of fire fighting, in accordance with the procedures established by the legislation of Georgia. Fire fighting in this case shall be coordinated by the Emergency Management Service.

4. The management of fire during an emergency situation of national importance shall be carried out in accordance with the procedures established by Article 16 of this Law.

5. Unless otherwise provided for by the legislation of Georgia, the fire fighting efforts shall be directly managed by a senior official of the fire and rescue division of the Emergency Management Service having arrived at the site, who shall manage the personnel of the fire and rescue division, and other forces/persons engaged in fire fighting.

6. The fire fighting manager shall determine the boundaries of the territory where fire fighting measures are carried out, and shall make decisions on carrying out the fire fighting measures, and the measures for the purpose of protecting people, environment and property.

7. The fire fighting manager shall be responsible for the safety of the personnel of the fire brigade participating in fire fighting and other forces/persons involved in fire fighting.

8. All persons shall obey the instructions of the fire fighting manager in the territory where the fire fighting actions are being implemented. No one may interfere with the actions of the fire fighting manager or alter his/her orders.

9. The members of the fire fighting team, and other persons participating in the liquidation of the effects of an emergency situation, who were acting under the conditions of extreme necessity and/or reasonable risk while suppressing fire and conducting emergency rescue operations, shall be exempt from the liability to indemnify for damages incurred.

10. The procedures for carrying out fire fighting and emergency rescue operations/salvage work shall be determined by an order of the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 28 - Special fire prevention regime

During a special fire prevention regime, additional fire safety requirements determined by normative acts applicable in the field of fire safety may be established in certain territories, also the requirements which involve the engagement of the population in fire containment outside the populated areas, the restrictions of the entry of physical persons in the forest, or the taking of additional measures (increasing fire fighting separation distances between the boundaries of populated areas, and creating fire retardant lines), that will limit the spread of forest fire and other fires on the adjacent territory outside the populated areas.

 

Chapter VI - Rehabilitation Works

 

Article 29 - Carrying out rehabilitation works

1. Institutions of state authorities, and bodies of the Autonomous Republics and municipalities shall carry out rehabilitation works in the emergency zones in accordance with the sectoral competence, with the participation of citizens of Georgia, and other persons and organisations in the territory of Georgia.

2. The rehabilitation works shall be carried out during the final stage of responding to an emergency situation, or during the liquidation of effects of the emergency situation, or immediately upon its completion.

3. The rehabilitation works shall include:

a) the restoration of damaged or delayed transportation supply;

b) the elimination of damage on communication networks and lines;

c) the organisation of works for restoring power supply;

d) the restoration of the elements of necessary infrastructure;

e) the creation of minimum conditions necessary for vital security of population;

f) the carrying out of works for the purpose of sanitary cleaning and decontamination of the territory;

g) the keeping of public order;

h) the carrying out of measures for ensuring the sustainable functioning of facilities of vital importance;

i) the carrying out of other measures provided for by the National Public Safety Plan.

4. The rehabilitation works shall be carried out in accordance with the National Public Safety Plan.

 

Article 30 - Organisation of rehabilitation works

The rehabilitation works in an emergency zone shall be coordinated by the Emergency Management Service.

 

Chapter VII - Supervision of State Fire Supervision Facilities and Facilities of Vital Importance

 

Article 31 - Supervision of state fire supervision facilities and facilities of vital importance

1. State fire supervision facilities and the facilities of vital importance shall be supervised, and supervision for the purpose of verifying compliance with the fire safety requirements by natural persons, for emergency prevention, and the fulfilment of emergency response requirements shall be conducted by a state supervision body called the Emergency Management Service for taking appropriate measures based on the results of such supervision.

2. The procedures for conducting supervision by the Emergency Management Service shall be determined by the ordinance of the Government of Georgia on the Procedure for Conducting Supervision of the State Fire Supervision Facilities and the Facilities of Vital Importance.

 

Article 32 - State fire supervision facilities and facilities of vital importance

1. The state fire supervision facilities shall be:

a) buildings and structures owned by the bodies of state authority and municipalities;

b) educational, fostering, sports, medical, and entertainment and performance buildings and structures;

c) facilities included in the list of cultural property;

d) public buildings and structures that are over 28 metres high;

e) public building and structures having one or more lower ground floors;

f) multi-purpose buildings and complexes, trading centres, trading complexes, and hypermarkets, clubs, and entertainment-recreational centres; buildings and structures of hotels (including guesthouses), tourist bases, health resorts, holiday centres, camps and mass caterers (restaurants);

g) buildings and structures/territory with an area of 2 000 m2 or more than 2 000 m2 for retail and wholesale trade;

h) railway and motor transport stations, buildings and structures of subway stations, airports and seaports (harbours);

i) oil tank farms and terminals, petrol stations and complexes (petrol and gas filling stations and gas refuelling stations), having tanks with total capacity of 500 m3 or more than 500 m3;

j) buildings, structures and repositories with an area of 1 000 m2 or more than 1 000 m2 for storing fire hazardous substances, materials, products, and raw material;

k) grain storage and/or processing undertakings (integrated flour milling plants), fire and explosion hazardous facilities, as well as fire hazardous facilities, which have fire and explosion hazardous repositories and/or areas;

l) fire hydrants (regardless of the form of ownership).

2. The list of facilities of vital importance shall be determined by an ordinance of the Government of Georgia.

3. The supervision of facilities that do not belong to the fire supervision facilities and facilities of vital importance provided for by paragraphs 1 and 2 of this article shall not be permitted.

4. Fire hazardous or fire and explosion hazardous categories of buildings, structures and repositories shall be determined in accordance with the legislation of Georgia.

5. In order to minimise damage to human life, health and property caused by an emergency situation, the Government of Georgia shall determine the facilities of mass gathering from the state fire supervision facilities and the facilities of vital importance, and establish the procedures for the compulsory civil liability insurance by the owners of the facilities of mass gathering against third persons.

 

Article 33 - Powers of the supervisory body

1. Within the competence and in accordance with the procedures established by the legislation of Georgia, the supervisory body shall be authorised to:

a) enter the territories, and buildings and structures of the state fire supervision facilities and the facilities of vital importance, carry out their inspection, and test local fire prevention and notification systems, and carry out other supervisory measures determined by the legislation of Georgia;

b) request and receive information and documents necessary for conducting supervision, from the state fire supervision facilities and the facilities of vital importance, on the basis of a substantiated written request;

c) where the violation of fire safety requirements and emergency prevention and response requirements is detected, issue an appropriate recommendation for the elimination of the detected violation or the fulfilment of the requirements, and in the cases provided for by the legislation of Georgia, draw up a report of an administrative offence, consider the administrative offence case, and impose an administrative penalty on the administrative offender;

d) submit proposals and recommendations to the bodies of state authorities, the Autonomous Republics, and municipalities, as well as to the State Representatives, on the implementation of measures for ensuring the fulfilment of fire safety and emergency prevention and response requirements;

e) study the causes of fire in accordance with the procedure established by the legislation of Georgia.

f) for the fulfilment of fire safety requirements, participate, in accordance with the procedure established by the legislation of Georgia, in the process of issuing construction permits (at the relevant stage of administrative procedures) for state fire supervision facilities and in the process of exploitation of state fire supervision facilities, the construction of which have already been completed; where necessary, carry out the testing of fire prevention devices and systems and prepare an appropriate act;

g) apply to a court with regard to the full or partial suspension of the operation of the premises, industrial sites, aggregates and/or repositories of state fire supervision facilities, or of certain works, if the violation and/or non-fulfilment of fire safety requirements is revealed, and it causes a fire risk and/or a threat to human life and/or health.

2. The authority of the Emergency Management Service over the facilities of the Ministry, the Ministry of Defence of Georgia, the state sub-agency within the Ministry of Justice of Georgia called the Special Penitentiary Service, the State Security Service of Georgia and Georgian Intelligence Service shall be determined by the legislation of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 34 - Duties of state fire supervision facilities and facilities of vital importance

The state fire supervision facilities and the facilities of vital importance are obliged to:

a) fulfil the fire safety requirements, and the emergency prevention and response requirements;

b) draw up and approve the fire safety measures;

c) fulfil the recommendation of an authorised official of the supervisory body and other lawful requests;

d) at the request of an authorised official of the supervisory body, provide him/her with information/relevant documents on fire safety conditions in their premises, fire hazards of the products manufactured by such facilities, and on emergency situations, including on fire, occurring in their territory, and on its consequences;

e) ensure the entry of authorised officials of the supervisory body in the territories and premises of the facility for performing their official duties and create appropriate working conditions for them to conduct supervision and take care not to hinder them in exercising their official authority;

f) notify the Emergency Management Service of the changes in fire prevention roads and exits;

g) fulfil other requirements established by the legislation of Georgia.

 

Article 35 - Liability for violation of fire safety requirements and emergency prevention and response requirements

1. Liability provided for by the legislation of Georgia for violating the fire safety requirements and the emergency prevention and response requirements shall be imposed on:

a) a natural person, in the case of a natural person;

b) a person in charge of an entrepreneurial entity or a non-entrepreneurial (non-commercial) legal entity, in the case of an entrepreneurial entity or a non-entrepreneurial (non-commercial) legal entity;

c) a person responsible for ensuring the fulfilment of the fire safety requirements and the emergency prevention and response requirements, in the case of the bodies of public authorities, the Autonomous Republics or municipalities, or legal entities under public law.

2. The bodies provided for by paragraph 1(c) of this article shall designate the head of a structural subdivision/unit as a responsible person, whose function is to ensure logistic or economic support, and in his/her absence, the head of another structural subdivision/unit. In the absence of the responsible person, liability shall be imposed on the entity.

3. The emergency prevention and response requirements shall be determined by an ordinance of the Government of Georgia.

4. Liability for violating other requirements provided for by this Law and subordinate normative acts issued on the basis of this Law shall be determined by the Administrative Offences Code of Georgia.

 

Chapter VIII - Emergency Management Service

 

Article 36 - Status of the Emergency Management Service

1. The Emergency Management Service shall coordinate the operation of the National System and shall be responsible for planning and implementing the policy in the field of public safety.

2. The Emergency Management Service shall consist of structural subdivisions, where persons with special state ranks and other public servants work. The structure, powers, rules of operation and other organisational matters of the Emergency Management Service shall be determined by the regulations of the Emergency Management Service, which shall be approved by the Minister.

3. A legal entity under public law called State Material Reserves and Public Safety Service Agency (‘the State Material Reserves and Public Safety Service Agency ’) shall operate under the Emergency Management Service. The regulations of the State Material Reserves and Public Safety Service Agency shall be approved by the Ministry. Persons with special state ranks and other public servants shall be employed in the State Material Reserves and Public Safety Service Agency.

4. The Emergency Management Service and its officials shall be authorised to use the State Coat of Arms of Georgia in its complete form on the legal acts, blank forms, seals and stamps of the Service.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 37 - Legal grounds for activities of the Emergency Management Service

1. The legal grounds for the activities of the Emergency Management Service shall be: the Constitution of Georgia, international Agreements of Georgia, this Law and other legal acts and subordinate normative acts of Georgia.

2. The Law of Georgia on Public Service shall apply to servants unless otherwise provided for by this law and special subordinate normative acts.

 

Article 38 - Basic principles of activities of the Emergency Management Service

Basic principles of activities of the Emergency Management Service shall be:

a) the rule of law;

b) the protection of and respect for fundamental human rights and freedoms;

c) the transparency;

d) the political neutrality;

e) the protection of the honour and dignity of a person;

f) the proportionality;

g) the social justice and equality;

h) the humanity;

i) the involvement and cooperation;

j) the exercise of discretionary power;

k) the accountability.

 

Article 39 - Functions of the Emergency Management Service

The functions of the Emergency Management Service shall be to:

a) develop state policy in the field of public safety in coordination with the subjects of the National System; for this purpose, draw up draft legal acts and draft documents of national importance and submit them to the Minister;

b) draw up proposals for the purpose of improving state policy in the field of public safety and submit them to other subjects of the National System and the Minister;

c) the coordinate and monitor the implementation of state policy in the field of public safety; directly, within its competence, carry out the National Public Safety Plan;

d) within their competence, coordinate the development and implementation of agency-level conceptual documents and agency-level action plans by state agencies participating in the National System, on the basis of the national conceptual documents in the field of public safety;

e) (deleted – 02.04.2019, No 4407);

f) organise, develop and ensure constant readiness of fire and rescue divisions for the purpose of immediate response to an incident/emergency situation;

g) coordinate an emergency situation of local importance within its competence, except for the cases provided for by Articles 17 and 18 of this Law; organise the management of the response forces and implement public safety measures;

h) coordinate an emergency situation of national importance within its competence, except for the cases provided for by Articles 17 and 18 of this law; ensure organisational and technical support of the Prime Minister of Georgia or a person duly authorised by the Prime Minister of Georgia;

i) fulfil, within its competence, the tasks determined by the National Defence plan and the civil and military cooperation plan during martial law;

j) identify, analyse and assess risks on the permanent basis, plan and implement preventive measures and projects in cooperation with bodies of the public authorities, Autonomous Republics, municipalities and legal entities under public and private law, in order to minimise the emergency risks;

k) organise the creation and development of an early warning system for expected or actual emergency situations; collect and process necessary data within the system;

l) ensure the publicity, transparency, free access to and dissemination of information in the field of public safety, except for the cases provided for by the legislation of Georgia;

m) organise voluntary involvement of citizens of Georgia and other persons staying in the territory of Georgia in the emergency response measures; facilitate the development of the volunteer system in the field of public safety;

n) conduct supervision of the state fire supervision facilities and the facilities of vital importance and adequately respond to the violation if identified;

o) manage the state material reserves, monitor and analyse the current situation in relation with the products of strategic purpose in the country, develop a policy in the field of state material reserves and submit appropriate proposals and draft legal acts to Minister;

p) conduct constant analysis of the current situation in the field of public safety and gradually inform the Minister regarding the situation, and provide relevant analytical information to the Ministry of Defence of Georgia and the State Security Service of Georgia;

q) cooperate with international organisations and relevant services of other countries; participate in international missions;

r) organise the performance of duties of non-military, alternative labour service in a fire and rescue division;

s) develop the standards and norms regulating activities of private fire and rescue divisions and submit them to the Minister; inspect the level of equipment and readiness of private fire and rescue divisions; organise a private fire and rescue division on the basis of the service contract concluded with an entrepreneurial entity; train and retrain employees of the fire and rescue division on the basis of the service contract concluded with an entrepreneurial entity;

t) develop the standards and norms regulating activities of private underground search and rescue divisions (mountain rescue) and submit them to the Minister; inspect the level of equipment and readiness of private underground search and rescue divisions (mountain rescue); organise a private underground search and rescue division (mountain rescue) on the basis of the service contract concluded with an entrepreneurial entity; train and retrain employees of the private underground search and rescue division (mountain rescue) on the basis of the service contract concluded with an entrepreneurial entity;

u) train, retrain and upgrade the qualification of relevant servants through a subdivision responsible for vocational training and retraining of servants or through relevant educational institutions;

v) ensure the provision of services determined by the legislation of Georgia in the field of public safety;

w) ensure strategic communication in the field of public safety;

x) organise, within its competence, the host nation support system in coordination with other state bodies;

y) develop and implement educational programmes, communication plans and other relevant measures for the purpose of awareness raising of citizens in the field of emergency situations;

z) exercise other rights and perform other duties determined by the legislation of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

Law of Georgia No 4407 of 2 April 2019 - website, 8.4.2019

 

Article 40 - Powers of the Emergency Management Service

In order to fulfil the functions determined by Article 39 of this Law, the Emergency Management Service shall be authorised to:

a) request from the subjects of the National System and other administrative bodies information available in the agency for drawing up relevant draft legal acts and draft documents of national importance for the purpose of developing state policy in the field of public safety, and establish working groups with the participation of their representatives and invited experts;

b) make up official statistical recordings and carry out state statistical reporting of emergency situations and their effects, and request available information from the subjects of the National System and other administrative bodies in order to determine the cause of emergency situations;

c) prepare, receive and store any document in material and/or electronic form, and apply the electronic document management system, integrated automated management tools and an electronic signature. The electronic signature shall have the same legal force as a personal signature on a tangible document;

d) plan and implement specific projects together with the subjects of the National System, or individually, for the purpose of facilitating the establishment and development of a national system of volunteers responding to emergency situations;

e) exercise powers granted to the supervisory body by this Law and other normative acts of Georgia;

f) submit proposals to the Minister on creating, managing, storing and using the stocks of the state material reserve;

g) ensure the implementation of fire fighting measures, and the carrying out of emergency rescue operations and salvage work, within its competence;

h) request information available in the agency from the subjects of the National System and other administrative bodies in order to analyse current situation in the field of public safety;

i) inspect the level of readiness of underground search and rescue divisions (mountain rescue) based on the relevant regulatory standards for the purpose of their readiness for emergency situations, and submit the inspection report to the owners of the underground search and rescue divisions (mountain rescue);

j) inspect the level of readiness of private fire and rescue divisions based on the relevant regulatory standards for the purpose of their readiness for emergency situations and submit the inspection report to the owners of the private fire and rescue divisions;

k) ensure the full mobilisation readiness of the Emergency Management Service;

l) conclude interagency international agreements in the name of the Ministry;

m) ensure appropriate interagency communication with the divisions of the Emergency Management Service;

n) ensure organisational and logistic support of activities of the Expert Advisory Council;

o) organise the measures for ensuring the internal control and the observance of discipline;

p) ensure the provision of psychosocial assistance to people during the emergency response;

q) ensure the publicity of the results of conducted supervision of the state fire supervision facilities taking into account the public interest, except for the cases provided for by the legislation of Georgia;

r) ensure, within its competence, the organisation of the host nation support system in coordination with other state agencies;

s) ensure the development and implementation of educational programmes, communication plans and other relevant measures for the purpose of awareness raising of citizens on emergency situations;

t) mobilise, if necessary, veterans with relevant skills that are pre-registered in the database of the Emergency Management Service and involve them in the emergency response measures in order to respond to emergency situations in accordance with the plan approved in agreement with the legal entity under public law called the State Service of Veterans Affairs;

u) exercise other powers provided for by the legislation of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 41 - State Material Reserves and Public Safety Service Agency

1. The Emergency Management Service shall perform certain functions through the State Material Reserves and Public Safety Service Agency. The purpose of the activities of the Agency shall be the provision of public services in the field of public safety, the implementation of the operational procedures related to creating, managing, storing and using the stocks of state material reserves, and the facilitation of the development of the Emergency Management Service and the fulfilment of other functions determined by the legislation of Georgia.

2. The types and fees of public services to be provided in the field of public safety by the State Material Reserves and Public Safety Service Agency shall be determined by an ordinance of the Government of Georgia.

3. The regulations of the State Material Reserves and Public Safety Service Agency shall be approved by Minister and the control of the same agency shall be exercised by the Emergency Management Service.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 42 - Management of the Emergency Management Service

1. The Emergency Management Service shall be managed by the head, who shall be appointed and dismissed by the Prime Minister of Georgia on the recommendation of the Minister.

2. The head of the Emergency Management Service shall:

a) regulate the matters within the competence of the Emergency Management Service;

b) issue, within its competence, individual administrative acts for the execution of this Law;

c) appoint and dismiss employees, and determine their authority within its competence;

d) nominate to the Minister the candidacies for the first deputy and deputy head of the Emergency Management Service for the purpose of appointing or dismissing;

e) grant the employees special state ranks within its competence;

f) within its competence and in accordance with the legislation of Georgia, give incentives to and impose disciplinary liabilities on employees, and apply to the Minister with a recommendation to nominate an employee for the state award;

g) create commissions and working groups;

h) represent the Emergency Management Service in international relations and relations with other organisations;

i) (deleted – 22.12.2018, No 4067);

j) exercise other powers provided for by the legislation of Georgia.

21 The code of ethics of employees shall be approved by the Minister.

22 The Minister shall issue subordinate normative acts for the purpose of the execution of this Law.

3. The head of the Emergency Management Service shall have the first deputy and the deputy who shall be appointed and dismissed by the Minister upon the recommendation of the head of the Emergency Management Service.

4. The powers of the first deputy and the deputy head of the Emergency Management Service shall be determined by the regulations of the Emergency Management Service, legal acts of the head of the Emergency Management Service and other legal acts.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 43 - Financing and logistical support of the Emergency Management Service

1. Financing and logistical support of the Emergency Management Service shall be carried out by the funds allocated to the Service from the State Budget of Georgia, and financing and logistical support of the legal entity under public law operating within the Emergency Management Service, from other income permitted by the legislation of Georgia.

11. Payments of the Emergency Management Service shall be included in the State Budget of Georgia under the separate programme item, in accordance with the procedures determined by the legislation of Georgia.

2. The Emergency Management Service, within the powers granted by this Law and other normative acts of Georgia, shall create and use technical means and ensure their protection.

3. In order to develop a volunteer system, the Emergency Management Service shall be authorised to establish sports and training areas in the territory of the fire and rescue division within the limits of the funds allocated from the State Budget of Georgia, and allow volunteers to use such areas (infrastructure).

4. If an employee uses a state owned or personal vehicle for carrying out official duties, fuel for such vehicle shall be provided by the Emergency Management Service in accordance with the procedure established by an individual administrative act of the head of the Emergency Management Service.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 44 - Accountability of the Emergency Management Service

1. The Emergency Management Service shall be accountable to the Prime Minister of Georgia and the Ministry.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Chapter IX - Procedures for Recruitment, Training and Retraining of Employees and for Performing Service in the Emergency Management Service

 

Article 45 - General requirements for the recruitment in the Emergency Management Service

1. A citizen of Georgia, or an alien who has attained the age of 18, has a command of the official language of Georgia, has obtained at least complete general education, and who, based on his/her personal and business character, health status and the level of physical training is capable of performing the imposed functions, and meets other requirements defined by the legislation of Georgia, shall be recruited (appointed) as an employee of the Emergency Management Service. For the purposes of this article, an alien shall be a person determined by Article 2(a) of the Law of Georgia on the Legal Status of Aliens and Stateless Persons.

2. An alien may be recruited as an employee of the Emergency Management Service only as a person employed on the basis of an employment agreement.

3. A person, except for a person employed on the basis of an employment agreement, or a person hired for a probation period, shall be awarded a special state rank of public safety, when recruited on the position provided for by the staff list of the Emergency Management Service.

4. The procedure for recruiting an employee or for performing the service by him/her, including the matters that are not regulated by this Law, shall be determined by the order of the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 46 - Special competition

1. During the recruitment, a person shall pass a special competition for the appointment on the position provided for by the staff list of the Emergency Management Service that involves the awarding of a special state rank.

2. The procedure for holding a special competition in the system of the Emergency Management Service shall be determined by an order of the Minister.

3. During the recruitment on the position provided for by the staff list of the Emergency Management Service that involves the awarding of a special state rank, a person shall pass a special examination. The special examination includes the verification of, or the search for the personal data of the person. The person (candidate) shall provide a written consent for the accessibility to his/her personal data before the start of the special examination.

4. The procedure for holding a special examination in the system of the Emergency Management Service shall be determined by an order of the Minister.

5. If during the recruitment on the position provided for by the staff list of the Emergency Management Service that involves the awarding of a special state rank, the candidates have equal results, the preference, in comparison with other candidates, shall be given to the one who has passed non-military, alternative service in the Emergency Management Service.

6. During the recruitment to the position provided for by the staff list of the Emergency Management Service that involves the awarding of a special state rank, an employee shall take an oath. The text of the oath of the employee shall be approved by the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 47 - Restrictions to the recruitment and to performing services by employees

1. the following persons shall not be recruited to the Emergency Management Service:

a) a person convicted for an intentional crime;

b) a person is under a criminal prosecution;

c) a person who has been recognised by a court as a person with limited legal capacity, or as a beneficiary of support, unless otherwise defined by a court judgment;

d) a person who has been deprived of the right to hold a respective position by a court;

e) a person whose health status, according to a medical report, fails to meet the necessary requirements for holding a respective position;

f) a person with alcoholism, drug addiction, who is a solvent abuser and/or with mental illness, and whose health status, according to a medical report, fails to meet the necessary requirements for holding a respective position;

g) a person who has received a negative evaluation following a special examination;

h) a person who, as a result of holding a position in the Service, will directly supervise or be supervised by a parent, spouse, child, step-child, sister, brother; or a sister, brother, or parent of a spouse;

i) an alien or an applicant for citizenship of a foreign country (except for persons employed under the labour contracts), except for the exceptions provided for by a law of Georgia or the international agreements of Georgia;

j) a person who has intentionally concealed information related to him/her or has submitted incorrect data at the time of recruitment;

k) a person who has attained the age of 60 (except for persons employed under the labour contracts);

l) a person who fails to meet other requirements established by the legislation of Georgia.

2. Employees (except for persons employed under the labour contracts) may not perform other paid work (except for scientific, pedagogical or creative activities), or hold another position at a public or private institution. Another paid work may be performed or another position may be concurrently held only in the system of the Emergency Management Service.

3. A person employed under a labour contract shall have the right to perform another paid work or hold another position in a public or private institution with the consent of the head of the Emergency Management Service. This shall not impede a person employed under a labour contract to perform the assigned tasks.

4. Employees may not go on strike, participate in meetings and manifestations, and be a member of the political party.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 48 - Transfer to another position

When an employee is transferred to a position that has a similar title and involves the performance of similar functions, the employee shall be appointed to the position without passing a special competition or an appropriate special vocational education programme. An employee may not be transferred to a position that does not have a similar title or does not involve the performance of similar functions without passing a special competition.

 

Article 49 - Working hours of employees

1. Working hours of an employee shall be determined by the internal regulations of the Emergency Management Service that shall be approved by the head of the Emergency Management Service.

2. Irregular working day shall be established for the fire rescuers of the Emergency Management Service.

3. The Service shall shift to a special working regime if martial law or a state of emergency, an emergency situation or other extreme circumstances are declared.

 

Article 50 - Leave of employees

1. The following forms of leave shall be established for employees:

a) annual paid leave;

b) additional short-term leave;

c) unpaid leave;

d) study leave;

e) maternity and child care leave.

2. An employee shall be entitled to take a leave by an order of the person authorised to appoint the employee to the position.

3. An employee shall be entitled to annual paid leave for a period of 30 calendar days.

4. In the event of emergency needs, due to marriage, domestic conditions and/or other good reason, an employee may be given an additional short-term leave with the consent of the head of the Emergency Management Service for a period of 10 calendar days annually. The additional short-term leave of the employee shall be paid and shall not be included in the account of annual paid leave.

5. In accordance with the procedure provided for by the legislation of Georgia, an employee may be entitled to unpaid leave for not more than a year.

6. An employee may be entitled to a study leave for raising his/her qualification for not more than 3 months once in five years. The official salary of the employee shall be maintained during the study leave. If the employee is given a study leave at the initiative of the Emergency Management Service, relevant expenses related to the study leave shall be fully compensated.

7. An employee shall be entitled to maternity and child care leave, and to relevant support and compensation in accordance with the procedure established by the legislation of Georgia.

 

Article 51 - Temporary removal of an employee from the office

1. An employee may be temporarily removed from the office by an order of the head of the Emergency Management Service due to his/her acknowledgement as an accused of the criminal case on the basis of a court ruling, and a substantiated written request of the investigative body, until a final decision is made.

2. If an employee, who has been temporarily removed from the position, is acquitted, he/she shall be restored to the same position, and if it is impossible, to an equivalent position in the Emergency Management Service.

 

Article 52 - Procedures for dismissing/discharging an employee from the position/office

1. An employee (except for persons employed under the labour contracts) may be dismissed from the office due to:

a) a personal application/report (with or without his/her placement in temporary assignment to the human resources office of the Service);

b) the staff redundancy or reorganisation that is followed by the staff redundancy;

c) the liquidation of a relevant structural/territorial subdivision of the Service;

d) the disciplinary misconduct or a judgement of conviction of a court against him/her that has entered into legal force;

e) the failure to comply with the request to terminate the activities that were incompatible with the office;

f) the starting of a job in another institution;

g) the health status and/or long-term incapacity for work on the basis of the relevant medical opinion/certificate;

h) being declared as missing or with limited legal capacity, a beneficiary of support, or as dead by a court, unless otherwise defined by a court judgement;

i) the death;

j) the expiry of the probation period and its unsatisfactory results;

k) receiving negative evaluation following the passing of a special examination;

l) the termination of the Georgian citizenship;

m) the expiry of the term of office;

n) other grounds directly determined by the legislation of Georgia.

2. An employee having a special state rank, except for the grounds provided for by paragraph 1 of this article, may also be dismissed/discharged from the position/office due to:

a) reaching an age limit for holding a position;

b) the expiry of the length of service on the position, in the case of his/her consent;

c) the failure to successfully pass a relevant special vocational education programme and/or a special training/retraining course.

3. An employee placed in temporary assignment to the human resources office of the Service shall be dismissed from the system of the Emergency Management Service due to:

a) the expiry of the period of the placement in temporary assignment to the human resources office of the Service;

b) the employment under a labour contract in the system of the Service;

c) the starting of a job in another institution.

4. A decision on the dismissal/discharge of an employee from the position/office shall be made by the head of the Emergency Management Service, or a person authorised to appoint an employee to the position.

 

Article 53 - Placement of an employee in temporary assignment to the human resources office of the Service

1. An employee may be dismissed from the office and placed in temporary assignment to the human resources office of the Emergency Management Service for maximum four months by an order of the person authorised to appoint an employee to the position, due to:

a) a personal application;

b) the staff redundancy or the reorganisation that is followed by the staff redundancy;

c) the liquidation of a respective structural subdivision or the structural unit of the Emergency Management Service.

2. An employee placed in temporary assignment to the human resources office of the Emergency Management Service may be assigned to temporarily perform official duties.

3. An employee placed in temporary assignment to the human resources office of the Emergency Management Service shall be deemed warned with regard to his/her possible dismissal from the office from the date of his/her placement in temporary assignment to the human resources office.

 

Article 54 - Age limit of employees with a special state rank

1. The age limit of employees with a special state rank for staying on the office shall be:

a) 55 years - for an employee with the lower special rank or middle special rank;

b) 60 years - for an employee with the senior special rank;

c) 65 years - an employee with the highest special rank.

2. For the interests of the office, where a relevant medical certificate/opinion is available, the term of office of an employee with a special state rank may be extended for not more than five years above the age limit on the basis of his/her own will and on the consent of the head of the Emergency Management Service.

3. A decision on the extension of the term of office of an employee shall not exclude the possibility of the dismissal of the employee from his/her position on the basis of other relevant grounds provided for by this Law.

 

Article 55 - Incentives for employees and the forms of incentive

1. The following forms of incentive shall be applied to employees for the exemplary performance of official duties, for the long and faithful service, and for the performance of extremely difficult or significant assignments:

a) commendation;

b) granting a monetary reward;

c) rewarding with a valuable gift;

d) awarding a certificate of the Emergency Management Service;

e) prematurely promoting to the following special state rank;

f) prematurely lifting a disciplinary penalty;

g) nominating for a state award.

2. The following forms of incentive may also be applied to fire rescuers of the Emergency Management Service, in addition to the forms of incentive provided for by paragraph 1 of this article:

a) awarding a badge of the Emergency Management Service;

b) awarding a medallion of the Emergency Management Service;

c) awarding a medal of the Emergency Management Service;

d) entering in the honorary list of fire rescuers of the Emergency Management Service

3. Several forms of incentive may simultaneously be applied to an employee.

4. The procedure for incentives of employees and the procedure for entering fire rescuers of the Emergency Management Service in the honorary list of fire rescuers of the Service shall be approved by the Minister.

5. A honorary list of the fire rescuers of the Emergency Management Service shall be approved by an individual administrative act of the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 56 - Types of disciplinary misconducts and disciplinary penalties of employees

1. The types of disciplinary misconduct of an employee shall be:

a) the non-fulfilment of official duties;

b) the improper fulfilment of official duties;

c) the negligent attitude towards official duties;

d) the disruptive behaviour against ethical norms to discredit an employee or the Emergency Management Service, irrespective of whether it was committed inside or outside the Service;

e) the performance of activities incompatible with the relevant position;

f) the action inappropriate for an employee that discredits the authority of the Emergency Management Service;

g) the violation of the procedure for complying with the labour discipline;

i) the violation of the rules of wearing the uniform.

2. The procedure for imposing disciplinary liability on employees shall be approved by the Minister.

3. The following disciplinary sanctions shall be applied to an employee for committing a disciplinary misconduct:

a) warning;

b) reprimand;

c) severe reprimand;

d) demotion to a lower post;

e) discharge from the position/dismissal from the office.

4. In relation to fire rescuers of the Emergency Management Service, the exclusion of a fire rescuer from the honorary list of fire rescuers of the Emergency Management Service may also be applied as a type of disciplinary sanction in addition to those provided for by paragraph 3 of this article.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 57 - Training and retraining of employees

1. The Emergency Management Service shall conduct the training of employees of the Emergency Management Service through a legal entity under public law called the Academy of the Internal Affairs of Georgia operating within the system of the Ministry, as well as on the basis of an agreement concluded with other legal entity under public law or a legal entity under private law.

2. During the recruitment, a fire rescuer shall pass a basic special vocational education programme prior or after his/her appointment to a position, except for a person who has passed any special training courses or vocational programmes in the fire and/or rescue fields, and/or who has worked in the fire and rescue division, or if not more than five years have passed since he/she completed the courses or the programmes, or he/she terminated the labour relations. In such case, the matter related to completing a basic special vocational education programme by a fire rescuer shall be decided by the head of the Emergency Management Service on the basis of a substantiated request of the structural subdivision responsible for the human resources management of the Service.

3. The Emergency Management Service is obliged to conduct periodic retraining of fire rescuers in accordance with a predetermined schedule in order to raise their qualification.

4. The Emergency Management Service shall be authorised to conduct the training and retraining of employees, whose functions and duties involve direct participation in the emergency situation management.

5. In special cases, the Emergency Management Service shall be authorised to send fire rescuers, as well as employees, whose functions and duties involve direct participation in the emergency situation management, to study in an educational institution of a foreign country. In such case, an agreement shall be concluded between the Emergency Management Service and a fire rescuer/an employee.

6. The procedure for completing a special vocational education programme, a special training, retraining and/or qualification raising courses/programme shall be determined by an order of the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 58 - Fire Rescuer Day

A Fire Rescuer Day shall be celebrated on 12 June each year.

 

Chapter X - Legal Protection and Social Protection Guarantees of Employees

 

Article 59 - Legal protection of employees

1. When performing official duties an employee shall represent the state authority and shall be protected by the State.

2. No one shall have the right to interfere with the official activities of an employee, except for the cases provided for by law.

3. Impeding, violating honour and dignity, threatening, demonstrating violence, resisting and infringing upon the life, health or property of an employee when performing his/her official duties shall result in liabilities provided for by the legislation of Georgia.

4. No liability shall be imposed on an employee, who refuses to carry out an obviously unlawful order or instruction, while a person, who gives an obviously unlawful order or instruction, shall be held liable as provided for by law.

5. An employee shall have the right to apply to a court to defend his/her rights and freedoms.

 

Article 60 - Right of an employee to keep, carry and/or use firearms

1. In special cases and depending on the nature of the assignment, an employee duly authorised by the Emergency Management Service may keep, carry and/or use a service firearm.

2. An employee may use a firearm as a last resort to defend life and/or health of others and/or his/her life and/or health from an occurring threat (including from the attack of a dangerous animal).

3. An employee shall immediately notify his/her immediate manager about the use of firearms.

4. A list of firearms and ammunition at the disposal of the Emergency Management Service, as well as the procedures for their storage, use and carriage shall be determined by the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 61 - Social protection guarantees of an employee

1. Life and health insurance of an employee shall be obligatory and shall be ensured from the funds of the State Budget of Georgia. Additionally, the spouse and minor children of an employee may be insured from the funds of the State Budget of Georgia.

2. A fire rescuer of the Emergency Management Service shall be fully reimbursed the damage incurred during the performance of his/her official duties from the funds of the State Budget of Georgia, in accordance with the procedures established by the legislation of Georgia.

3. During the period of temporary assignment to the human resources office of the Service, the salary of an employee allocated according to the position last occupied by the employee shall be retained during two months.

4. An immovable property on the balance sheet of the Emergency Management Service may be transferred to a fire rescuer of the Emergency Management Service for use as a residence on the basis of an individual administrative act of the head of the Emergency Management Service.

5. Social protection guarantees of an employee shall be determined by an order of the Minister.

6. A one-off monetary and/or material support, other measures and benefits of social protection may be determined for an employee within the funds allocated to the Emergency Management Service from the State Budget of Georgia on the basis of an order of the head of the Emergency Management Service, in accordance with the procedure provided for by paragraph (5) of this article.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 62 - Establishment of safe and necessary working conditions for fire rescuers of the Emergency Management Service

1. A fire rescuer of the Emergency Management Service shall have the right to have safe and necessary working conditions, as well as organisational and technical means required for performing official duties and the fire-rescue equipment. A list of fire-rescue equipment shall be approved by the Minister.

2. The Emergency Management Service is obliged to provide fire rescuers of the Emergency Management Service with the conditions and means provided for by paragraph 1 of this article, as well as to ensure equal and fair treatment of fire rescuers of the Emergency Management Service with respect to human resources management, remuneration and legal protection matters.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 63 - Remuneration of employees

1. The remuneration of an employee shall consist of the official salary, and the remuneration of an employee with a special state rank shall also consist of the (rank) salary established for the rank.

2. An employee with a special state rank shall be awarded a supplement to the salary for the years served with the special state rank. He/she may also be awarded other supplements.

3. The amount of the remuneration (the official salary and rank salary) and the amount of the supplement to the remuneration of an employee and the procedure for their issuance shall be determined by the Minister.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 64 - Supplement to the remuneration of an employee with a special state rank according to the years of service

An employee who is awarded a special state rank shall be given a monthly supplement (according to the years of service) to the remuneration (the official salary and the rank salary) according to the calendar years served with a military or special state rank in the following percentage:

a) from 1 to 2 years – 5 per cents

b) from 2 to 5 years – 10 per cents

c) from 5 to 10 years – 15 per cents

d) 10 and more years – 20 per cents.

 

Article 65 - Injury to health of an employee during the performance of official duties

1. In the case of an injury to health of an employee during the performance of official duties, he/she shall be granted a one-off pecuniary aid depending on the degree of injury and in accordance with the procedure established by an order of the Minister, in the following amount:

a) in the case of a less severe injury to health – GEL 4 000 (four thousand);

b) in the case of a severe injury to health – GEL 7 000 (seven thousand).

2. In the case of an injury to health of an employee during the performance of official duties, the Emergency Management Service shall ensure the reimbursement of expenses related to his/her medical treatment.

3. In the case of an injury to health of a fire rescuer of the Emergency Management Service during the performance of official duties, if such injury makes it impossible for him/her to perform official duties properly, the Emergency Management Service shall ensure the employment of the fire rescuer for a different position in the Emergency Management Service which is suitable to his/her health status, personal and business qualities, and education.

4. If, in the case provided for by paragraph 3 of this article, the Emergency Management Service fails to ensure the employment of a fire rescuer of the Emergency Management Service in the Service due to objective reasons, he/she shall be granted a monthly compensation during the unemployment period, but for not more than a year, in the amount of full remuneration for the position which was occupied by him/her last.

5. The degree of an injury to health of an employee shall be determined by the legislation of Georgia.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 66 - Death of a fire rescuer of the Emergency Management Service during the performance of official duties

1. If a fire rescuer of the Emergency Management Service is killed, or dies from an injury during the performance of official duties, in particular during fire fighting and/or performance of salvage/emergency rescue works when saving life, health and/or property of a human, his/her family (an heir) shall receive a one-off pecuniary aid in the amount of GEL 100 000 (one hundred thousand) and GEL 500 (five hundred) as a compensation for funeral (burial) expenses from allocations of the State Budget of Georgia to the Emergency Management Service, on the basis of a legal act issued by the head of the Emergency Management Service. Expenses related to the funeral of the fire rescuer of the Emergency Management Service shall be paid by the State (the Emergency Management Service).

2. If a fire rescuer of the Emergency Management Service dies during the performance of official duties (except as provided for by paragraph 1 of this article), his/her family (an heir) shall receive a one-off pecuniary aid in the amount of not more than GEL 15 000 (fifteen thousand) and GEL 500 (five hundred) as a compensation for funeral (burial) expenses from the allocations of the State Budget of Georgia to the Emergency Management Service, on the basis of a legal act issued by the head of the Emergency Management Service. Expenses related to the funeral of the fire rescuer of the Emergency Management Service shall be paid by the State.

3. Within the allocations to the Emergency Management Service under the Law of Georgia on the State Budget of Georgia for a respective year, in the case of the budget savings, a family member (an heir) or the dependant of the deceased fire rescuer of the Emergency Management Service may receive additional pecuniary and/or material aid on the basis of a legal act issued by the head of the Emergency Management Service.

4. If a fire rescuer of the Emergency Management Service is killed or dies from an injury during the performance of official duties in the cases provided for by paragraph 1 of this article, his/her family members shall be entitled to a state compensation in accordance with the Law of Georgia on State Compensation and State Academic Stipends.

 

Chapter XI - Types of Service and Provision of Services in the Field of Public Safety

 

Article 67 - Types of service in the field of public safety

Types of service in the field of public safety shall be:

a) ensuring the protection of the property of natural and legal persons from fire and/or emergency situations;

b) developing fire safety measures and/or emergency situation prevention and response requirements; providing technical consultations on the matters related to fire safety and/or protection of the population and the territory from emergency situations;

c) developing draft organisational and/or technical solutions to ensure the fulfilment of fire safety and/or emergency situation prevention and response requirements;

d) performing design works;

e) conducting a public safety campaign, and publishing special literature and promotional products;

f) ensuring the installation, adjustment, repair and maintenance of fire fighting devices and systems;

g) performing fire safety tests on substances, materials, manufactured articles, and structures;

h) performing fire-protection and furnace-related works;

i) training in fire safety rules and the rules for behaving in emergency situations, and in the organisation of the emergency situation management;

j) producing, procuring, and importing into Georgia fire fighting technical products;

k) constructing, reconstructing, and repairing the buildings, structures and repositories of the fire and rescue division;

l) carrying out water rescue operations, except for the cases defined by the Law of Georgia on Maritime Rescue Service;

m) providing the services of fire rescue, emergency rescue equipment and/or crew during the implementation of fire-hazardous works and public, spectacular and/or sports events (except for the public, political, charity events organised directly by the State, when the service is provided free of charge);

n) providing the services of fire rescue, emergency rescue equipment and/or crew during the a film shooting, advertisement or a video recording, during the flight at the airport, and/or during implementing other events/works (except for the public, political and charity events, organised directly by the State, when the service is provided free of charge);

o) other works and services directed towards ensuring public safety.

 

Article 68 - Provision of services in the field of public safety

1. The services in the field of public safety may be provided by the State Material Reserves and Public Safety Service Agency, as well as by natural and legal persons.

2. The provision of services provided for by Article 67(m) of this Law shall be an exclusive authority of the State Material Reserves and Public Safety Service Agency that shall be carried out on the basis of a relevant agreement concluded between the parties.

3. The State Material Reserves and Public Safety Service Agency shall be authorised to receive logistic means for temporary use from the Emergency Management Service for providing services provided for by Article 67(m) of this Law on the basis of a relevant agreement concluded between the parties.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Chapter XII - Transitional and Final Provisions

 

Article 69 - Provisional procedure for implementing the incident/emergency response management

1. The response management of an emergency situation created or expected before 1 September 2018 shall be carried out at the following levels in accordance with the procedures established by this article and the National Public Safety Plan, by taking into account its propagation area and scale, the extent of its effect involved, the number of response forces and the means necessary for its liquidation:

a) at the national level - emergency response shall be provided by the response forces and the emergency rescue means located in the territorial boundaries falling within the power of two or more state representatives – Governors of the Unified System, taking into account the material resources that are at the disposition of the subjects of the Unified System;

b) at the Autonomous Republic level - emergency response shall be provided by the fire and rescue divisions of the relevant agencies of the executive authorities of the Autonomous Republic, bodies of municipalities, organisations operating within its administrative boundaries and the Emergency Management Service, using the material resources that are at the disposition of the agencies of the executive authorities of the Autonomous Republic, relevant territorial bodies of the executive authorities, bodies of municipalities, organisations, and the Emergency Management Service, and the emergency zone does not extend beyond the territory of the Autonomous Republic;

c) at the regional level - emergency response shall be provided by the fire and rescue divisions of the territorial bodies of the respective executive government agencies within the territorial boundaries falling within the power of the state representative, the Governor, organisations operating within its administrative boundaries and the Emergency Management Service, using the material resources that are at the disposition of the territorial bodies of the executive government agencies, bodies of municipalities, organisations, and the Emergency Management Service, if the emergency situation zone does not extend beyond the territorial boundaries falling within the power of the state representative, the Governor;

d) at the local level - emergency response shall be provided by the fire and rescue divisions of the bodies of municipalities, organisations operating within its territorial boundaries and the Emergency Management Service, using the material resources that are at the disposition of the bodies of municipalities, organisations, and the Emergency Management Service; if the emergency situation zone does not extend beyond the administrative boundaries of the municipality;

e) at the facility level - emergency response shall be provided by the response forces and the fire and rescue means of the relevant facility, using the material resources that are at the disposition of the facility; if the emergency zone does not extend beyond the territory of the facility.

2. The emergency response management bodies shall be:

a) at the national level:

a.a) the Prime Minister of Georgia, to whom the Emergency Management Service shall submit corresponding recommendations and proposals to make a political decision for the management of emergency situation;

a.b) the Inter-agency Emergency Management Operations Centre - a body established by the Prime Minister of Georgia that consists of the authorised persons of the executive government agencies of the Unified System, which organises and coordinates responses to expected or occurring emergency situations at an operational level. The Prime Minister of Georgia or a person duly authorised by him/her shall manage the activities of the Inter-agency Emergency Management Operations Centre;

a.c) emergency headquarters of executive government agencies - the bodies managing the subjects of the Unified System that are empowered to organise activities of the respective units of the Unified System in the field of public safety, according to the management levels and sectoral affiliation. The head of the executive government agency or a person duly authorised by him/her shall manage the activities of the emergency headquarters;

b) at the Autonomous Republic level - Emergency Management Operations Centre of the Autonomous Republic - a body established by the head of the Government of the Autonomous Republic that consists of the authorised persons of the response forces of the respective executive government agencies of the Autonomous Republic, the bodies of municipalities and organisations and of the fire and rescue division of the Emergency Management Service, which organises and coordinates the responses to expected or occurring emergencies at the Autonomous Republic level (operational level); The head of the Government of the Autonomous Republic or a person duly authorised by him/her shall manage the activities of the Emergency Management Operations Centre of the Autonomous Republic;

c) at the regional level - Regional Emergency Management Operations Centre - a body established by the state representative - the Governor which consists of the authorised persons of the response forces of the state representative - the Governor, the territorial bodies of the respective executive government agencies, the bodies of municipalities and organisations and of the fire and rescue division of the Emergency Management Service, which organises and coordinates the responses to expected or occurring emergencies at the regional level (operational level); The state representative - the Governor or a person duly authorised by him/her shall manage the activities of the Regional Emergency Management Operations Centre;

d) at the local level - Local Emergency Management Operations Centre - a body established by the executive body of a municipality - the Mayor which consists of the response forces, the territorial bodies of the respective executive government agencies, the bodies of municipalities and organisations and of the authorised persons of fire and rescue and rescue divisions of the Emergency Management Service, which organises and coordinates the responses to expected or occurring emergency situations at the local level (operational level); The executive body of a municipality, the Mayor or a person duly authorised by him/her shall manage the activities of the Local Emergency Management Operations Centre;

e) at the facility level - Emergency Headquarters of the facility, the activities of which shall be managed by the head of the relevant facility or a person duly authorised by him/her.

3. The Operations Centre provided for by paragraph 2 of this article shall be established for a definite period, depending on an expected or occurring emergency situation, taking into account its nature and scale.

4. The deputy heads of the Emergency Management Operations Centre of the Autonomous Republic, the Regional Emergency Management Operations Centre and the Local Emergency Management Operations Centre shall be the authorised persons of the fire and rescue division of the Emergency Management Service.

5. For the purpose of the response to an emergency situation, the Operations Centre provided for by paragraph 2 of this article shall be authorised to establish one or more field operations centres in the emergency situation zone or in its vicinity based on the existing circumstances, which shall respond to an emergency situation on the local level and manage the response forces at the tactical level. An authorised person(s) appointed by a relevant operations centre shall manage the field operations centre.

6. Before the establishment of an operations centre provided for by paragraph 2 of this article, the initial response to an expected or occurring emergency situation shall be provided by the relevant response forces of the Unified System or the Emergency Management Service that is authorised to establish a field operations centre at the tactical level.

7. If the field operations centre is established, the response forces shall, irrespective of their subordination, become subjected to the head of the field operations centre upon the arrival at the emergency situation zone.

8. The fire and rescue divisions shall unconditionally leave to carry out fire fighting and emergency rescue operations.

9. During fire, accidents, catastrophes, natural disasters, and other emergency situations, the Emergency Management Service shall ensure the involvement and management of the forces and means of fire and rescue divisions into emergency response measures in accordance with the legislation of Georgia.

10. The respective division of the Emergency Management Service shall develop and approve, in coordination with the bodies of municipalities, plans for the involvement of different types of fire and rescue divisions in fire fighting and emergency rescue operations at national autonomous, regional, and local levels.

11. The Emergency Management Service shall coordinate the actions of fire and rescue divisions participating in fighting especially complex fire.

12. Unless otherwise provided for by the legislation of Georgia, the fire fighting efforts shall be directly managed by the head of the fire and rescue division of the Emergency Management Service, the fire fighting manager who arrived at the site of fire and who under the principle of unity of command manages the forces involved in fire fighting.

13. In an emergency situation zone, the emergency response manager shall be responsible for the safety of the response forces of the Unified System and of other participants of the emergency response.

14. Relevant units of the Military Forces of Georgia may be used for the purpose of emergency response in accordance with the legislation of Georgia.

 

Article 70 - Liquidation of the Emergency Management Agency, reorganisation and succession in title of the Emergency Management Service

1. The legal entity under public law called the Emergency Management Agency operating under the Emergency Management Service - a special-purpose state institution directly subordinated to the Prime Minister of Georgia shall be liquidated on 1 August 2018, and considering this, the Emergency Management Service shall be reorganised.

2. The successor in title of the legal entity under public law called the Emergency Management Agency operating under the Emergency Management Service shall be the Emergency Management Service, except for the cases provided for by paragraph (3) of this article.

3. The successor in title of the revenues and the liabilities undertaken within the revenues of the legal entity under public law called the Emergency Management Agency operating under the Emergency Management Service shall be the legal entity under public law called the State Material Reserves and Public Safety Service Agency operating under the Emergency Management Service.

4. The Emergency Management Service shall ensure the issuance of the relevant legal acts and the taking of necessary organisational measures for the liquidation and reorganisation provided for by paragraph 1 of this article before 1 August 2018.

5. The legal acts adopted/issued in the field of public safety shall, regardless of their compliance with this Law, retain legal force before the adoption/issuance of relevant legal acts.

6. Before 1 January 2020, the Government of Georgia and the Ministry shall ensure the compliance of the relevant legal acts with this Law.

7. The legal entity under public law called the Emergency Management Agency operating under the Emergency Management Service shall:

a) before 1 August 2018, establish relevant commission(s) that ensures the determination of the assets and liabilities, as well as official documentation (including relevant archive materials and other documentation) to be transferred to the Emergency Management Service according to the balance sheet data;

b) before 1 August 2018, transfer the assets and liabilities determined in accordance with sub-paragraph (a) of this paragraph, as well as the official documentation (including relevant archive materials and other documentation) to the Emergency Management Service.

8. Before 1 August 2018, the Emergency Management Service shall establish relevant commission(s) in accordance with the legislation of Georgia that ensures the registration and inventory taking of the assets and liabilities, as well as official documentation (including relevant archive materials and other documentation) transferred/received from the legal entity under public law called the Emergency Management Agency operating under the Service.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 71 - Labour relations of employees during the reorganisation of the Emergency Management Service/liquidation of the Emergency Management Agency

1. In the cases provided for by Article 70(1) of this Law, the employees of the Emergency Management Service and the legal entity under public law called the Emergency Management Agency operating under the Emergency Management Service (except for the persons employed under labour contracts) shall be placed in temporary assignment to the human resources office of the Service, during the reorganisation of Emergency Management Service and the liquidation of the legal entity under public law called the Emergency Management Agency operating under the Emergency Management Service.

2. An employee placed in temporary assignment to the human resources office of the Service in accordance with paragraph 1 of this Article may be appointed, with his/her consent, on the position provided for by the staff list of the Emergency Management Service or a legal entity under public law operating under the Emergency Management Service.

3. If an employee of the legal entity under public law called the Emergency Management Agency operating under the Emergency Management Service, who, as of 1 August 2018, works at the Agency and is awarded a special state rank for public safety, he/she shall continue working in the system of the Emergency Management Service from 1 August 2018; the special state rank received as of 1 August 2018 during the working period in the system regardless of his/her position shall be retained for him/her, and he/she shall receive the following special state rank in accordance with the procedures established by the legislation of Georgia.

 

Article 72 - Normative acts to be adopted/issued

1. Before 1 January 2020, the Government of Georgia shall ensure the adoption of the following ordinances on:

a) the Approval of the Procedure for Organising the Training of the Citizens of Georgia in the Field of Public Safety;

b) Determining the Characteristics and the Registration Procedures of Shelters;

c) Determining the List of Facilities of Vital Importance and the Emergency Prevention and Response Requirements on the Facilities;

d) the Approval of the Procedure for Classifying Incidents and Emergency Situations;

e) the Approval of the Technical Regulations on the Procedures for Operation and Inspection of the Private Fire and Rescue Division (Mountain Rescue);

f) the Approval of the Procedure for Organising the Measures for the Host Nation Support in the Field of Public Safety;

g) the Approval of the Procedure for Developing Natural Emergency Situation Prevention Measures;

h) the Approval of the Procedure for the Fulfilment of the Obligations Imposed within Mandatory Operations during an Emergency Situation;

i) the Approval of the Regulations on the Warning System for Incidents/Expected or Occurring Emergency Situations;

j) the Approval of the List of Critical, Potentially Hazardous Objects of National Treasure and Cultural Heritage where a Fire and Rescue Division Must be Established;

k) the Approval of the Procedure for Registering an Incident/Expected or Occurring Emergency Situation and its Effects and for Processing the Data;

l) the Approval of the Procedure for Protecting Human Life on Waters and for Ensuring its Safety;

m) the Approval of the Procedure for Involving the Response Forces and Means of the Subjects of the National Public Safety System in the Emergency Response Measures during an Emergency Situation;

n) the Approval of the Civil and Military Cooperation Plan in the Field of Public Safety;

o) the Approval of the Procedure for Preparing a Safety Passport and a Declaration of a Potentially Hazardous Facility;

p) the Approval of the Procedure for Preparing a Municipality Safety Passport;

q) Establishing the Procedures and Conditions for Determining the Facilities of Mass Gathering and for the Compulsory Civil Liability Insurance before the Third Persons by the Owners of the Facilities;

r) the Approval of the Procedure for Creating and Applying Material Resources for the Purpose of Responding to Emergency Situations Caused by Natural and Human Factors;

s) the Approval of the Procedure for Preventing the Spillage of Oil and Oil Products in the Territory of Georgia and for Liquidating its Consequences;

t) Dividing the Territory and Cities of Georgia into Groups and on Dividing Organisations into Categories in the Field of Public Safety;

u) the Approval of the statute of volunteers in the Field of Public Safety.

2. Before 1 January 2020 the Minister shall ensure the issuance of the following normative acts on:

a) the Approval of the Procedures for the Recruitment and Operation of the Expert Advisory Council;

b) the Approval of the Procedure for Organising the Activities of the Fire and Rescue Division of the Emergency Management Service, the state sub-agency within the Ministry of Internal Affairs of Georgia;

c) the Approval of the Procedure for Carrying out Fire Fighting and Emergency Rescue Operations/Salvage Work;

d) the Approval of the Procedures for Serving in the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia;

e) the Approval of the Code of Ethics of Employees of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia;

f) the Approval of the Procedures for Granting Incentives to Employees of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia, and for Imposing Disciplinary Liability on Employees of the Emergency Management Service;

g) the Approval of Social Protection Guarantees of Employees of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia;

h) the Approval of the Instruction for Conducting Public Safety Exercises;

i) the Approval of the Oath Text of Employees of the the System of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia;

j) the Approval of the List of Firearms and Ammunition at the Disposition of Fire-Rescuers of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia;

k) the Approval of the Procedure for Completing a Special Vocational Education Programme, a Special Training, Retraining and/or Qualification Raising Courses/Programmes.

3. Before 1 March 2019, the Minister shall ensure the issuance of the following normative acts on:

a) the Approval of the Regulation of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia;

b) the Approval of the Regulation of the Legal Entity under Public Law Called the State Material Reserves and Public Safety Service Agency;

c) the Determination of the Amount of the Remuneration (the Official Salary and Rank Salary) and the Amount of the Supplement to the Remuneration of an employee of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia, and the Procedures for Issuing the Supplement to the Remuneration;

d) the Approval of the Procedures for the Coordination between the Ministry of Internal Affairs of Georgia and the Relevant Response Body of the National Public Safety System, during the Submission of Information about the Notices Sent to the Unified Emergency Telephone Number '112’ to the Relevant Response Body of the National Public Safety System and during the Provision of an Initial Response to an Incident/Emergency Situation.

4. Before 1 March 2019, the head of the emergency Management Service shall ensure the issuance of an individual administrative act on the Approval of the Plan for Mobilising Veterans with Relevant Skills Pre-Registered in the Database of the Emergency Management Service, the State Sub-agency within the Ministry of Internal Affairs of Georgia, and for their Involvement in the Emergency Response Measures.

Law of Georgia No 4067 of 22 December 2018 - website, 28.12.2018

 

Article 73 - Invalid normative acts

The Law of Georgia on Public Safety of 29 May 2014 shall be declared invalid (the Legislative Herald of Georgia, (www.matsne.gov.ge), 12.6.2014, registration code: 140070000.05.001.017468).

 

Article 74 - Entry into force of the Law

1. This Law, except for Articles 1-68 and Article 73, shall enter into force upon its promulgation.

2. Articles 1-6, 8-13, 19-68 and Article 73 of this Law shall enter into force from 1 August 2018.

3. Articles 14-18 of this Law shall enter into force from 1 September 2018.

4. Article 7 of this Law shall enter into force from 1 October 2018.

 

 

President of Georgia                                                                                          Giorgi Margvelashvili

Kutaisi,

27 June 2018

N2608-II