„საქართველოს სახელმწიფოსა და საქართველოს სამოციქულო ავტოკეფალურ მართლმადიდებელ ეკლესიას შორის“ კონსტიტუციური შეთანხმების დამტკიცების შესახებ“

Resolution of the Parliament of Georgia on Approval of the Constitutional Agreement between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia

The Parliament of Georgia shall establish the following:

1. The Constitutional Agreement between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia, signed in Mtskheta on 14 October 2002, shall be hereby approved.

2. In order to implement the provisions of the Constitutional Agreement between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia, an inter-factional group of the Parliament of Georgia shall, together with the parliamentary committees, draw up and submit to the Parliament of Georgia, prior to the end of the spring session, appropriate legislative acts, including a draft law on the delimitation of the powers of the state of Georgia and the Patriarchate of Georgia in the area of ownership of cultural heritage.

Chairperson of the Parliament of Georgia                                     N. Burjanadze

Tbilisi,

22 October 2002

No 1697–Iს

Constitutional Agreement between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia

– Georgia has regained its historical place in the civilised world as an independent and democratic state;

– The Apostolic Autocephalous Orthodox Church of Georgia is an apostolic church and an integral part of the Universal Orthodox Church. It has been autocephalous since the 5^th century and its ecclesiastical and administrative centre and cathedra is Mtskheta, and the Patriarchal cathedras are also Tbilisi and Bichvinta;

– Orthodoxy is one of the traditional religions in Europe, which has been historically the state religion in Georgia and which has shaped centuries-old Georgian culture, national worldview and values;

– The vast majority of the population of Georgia are Orthodox Christians;

– The Constitution of Georgia recognises the outstanding role of the Apostolic Autocephalous Orthodox Church of Georgia in the history of Georgia, and its independence from the State.

In accordance with Article 9 of the Constitution of Georgia:

The State of Georgia (‘the State’), represented by the President of Georgia, and the Apostolic Autocephalous Orthodox Church of Georgia (‘the Church’), represented by the Catholicos-Patriarch of All Georgia, shall hereby conclude the Constitutional Agreement (‘the Agreement’):

    Article 1

1. The State and the Church confirm their readiness to cooperate, in observance of the principle of mutual independence, for the well-being of the population of the country.

2. The State and the Church shall be authorised to conclude agreements in various areas of mutual interest for the implementation of which the parties shall adopt appropriate acts.

3. The Church is a historically established public law entity: a full-fledged legal entity under public law recognised by the State, which carries out its activities in accordance with the canon law, the Constitution of Georgia, this Agreement, and the legislation of Georgia.

4. The Church is represented, without special authority, by the church council, the Catholicos-Patriarch of Georgia, the Holy Synod, and the Patriarchate of Georgia (in the form of the Chorbishop and the Secretary); in legal relations, the authority shall be granted to it by the Catholicos-Patriarch.

5. The Catholicos-Patriarch of Georgia shall enjoy immunity.

6. As a rule, major religious holidays and Sundays are declared as days off work.

    Article 2

The State supports the protection of confession and sacraments. A cleric shall not disclose any information that has been entrusted to him in the capacity of a confessor, or that became known to him in the capacity of a cleric.

    Article 3

The State recognises a church wedding performed by the Church according to the procedure established by legislation. The data of the state registration of marriage shall be used in legal relations.

    Article 4

1. Clerics shall be exempted from military service.

2. The State shall, in agreement with the Church, ensure the establishment of the institution of a priest in military formations, prisons and imprisonment facilities, and the adoption of appropriate legal acts in this regard.

3. The State and the Church shall be authorised to implement joint programmes for the social protection of the population.

    Article 5

1. The teaching of the subject of Orthodox religion at educational institutions shall be voluntary. The curricula shall be determined and modified, and teachers shall be appointed and dismissed upon the recommendation of the Church.

2. The State and the Church shall, in accordance with the procedure established by legislation, mutually and equally recognise documents certifying education and academic degrees and titles awarded by the respective educational institutions.

3. The State and the Church shall be authorised to implement joint programmes in the education system. The State shall support the operation of the educational institutions of the Church.

    Article 6

1. The property and other property rights of the Church are protected by law. The Church may own any property that is not prohibited by the legislation of Georgia.

2. The Church shall own, use and dispose of its non-ecclesiastical property in accordance with cannon law and the applicable legislation of Georgia.

3. The Church shall not directly carry out entrepreneurial activities.

4. The sources of financing of the Church are voluntary donations, entrepreneurial income, investments, grants, subsidies, and other income received in accordance with the applicable legislation.

5. Liturgical products produced by the Church, the production, import, supply and donation of such products, as well as the property and land owned for non-economic purposes, shall be exempted from taxes.

6. In agreement with the Church, the State shall grant permission or issue a licence to use official church terminology and official religious symbols, as well as to produce, import and supply liturgical products.

    Article 7

1. The State recognises orthodox churches, monasteries (both acting and non-acting), their ruins and land premises they are built on, all over Georgia, to be in the ownership of the Church.

2. The protection zones of the above premises, and the rules of their maintenance and use, shall be determined by the respective state agency, in accordance with the applicable legislation and in agreement with the Church.

    Article 8

1. The State recognises church treasure, which is protected by the State (in museums, repositories), to be in the ownership of the Church (except where same is in private ownership).

2. The said church treasure, as part of the common national treasure, shall be jointly possessed by the State and the Church in accordance with the applicable legislation (except for relics of saints and holy relics).

    Article 9

1. The State and the Church shall jointly ensure the proper protection and maintenance of church premises, buildings and treasure of historic, cultural, archaeological and architectural value.

2. The State shall, in agreement with the Church and in accordance with the applicable legislation, approve additional rules for the use of church treasure kept in museums and repositories, as well as projects for the restoration, conservation, or fresco painting of churches of cultural and historic value.

    Article 10

The State shall undertake the responsibility to negotiate with other states regarding the protection, maintenance and ownership of all Georgian orthodox churches, monasteries, their ruins, other church premises, and church objects, located in the territory of such states.

    Article 11

1. The State acknowledges the fact of the material and moral damage suffered by the Church in the 19^th and 20^th centuries (especially between 1921-90), during the period of loss of state independence. As the factual owner of some of the confiscated property, it shall undertake the obligation to compensate partially for the material damage (Ordinance No 183 of the Council of Ministers of the Soviet Socialist Republic of Georgia, 12.04.1990).

2. In order to examine the above issue, and to determine the forms, amounts and time line of the compensation, the transfer of property or land, and other details, a commission shall be established on a parity basis (within one month after the signing of this Agreement), which will prepare respective draft normative acts.

    Article 12

1. This Agreement consists of the present text and the definitions of terms.

2. Amendments and additions may be made to this Agreement only with the mutual agreement of the parties, which shall be signed by both parties and approved by the Parliament and the Holy Synod.

3. This Agreement is signed by the President of Georgia and the Catholicos-Patriarch of All Georgia.

4. This Agreement shall enter into force upon its approval by the Parliament and the Holy Synod.

On behalf of the State of Georgia                                President of Georgia                       

                                                                                               E. Shevardnadze

On behalf of the Apostolic Autocephalous Orthodox Church of Georgia

Catholicos-Patriarch of All Georgia                                                    Ilia II

Definitions of terms

1. Apostolic church – the church as founded by the holy apostles (or apostle) of Christ.

2. Universal Orthodox Church – the spiritual unity of local (autocephalous) Orthodox Churches operating in accordance with canonical norms, which is demonstrated through the mutual recognition of sacraments and the mutual reference by church leaders during divine service.

3. Autocephaly – complete self-governance of a local church; independence in the election and appointment of governing bodies, as well as in the conduct of religious practices (the sanctification of the holy chrism, the issuance of canonical decrees, etc.).

4. Church council – the highest body of the Orthodox Church comprising the high priests, other clergy delegates, and representatives of the laity.

5. Holy Synod – the assembly of the high priests of the local (Georgian) church that takes decisions on the administration and governance of the church. The Holy Synod is headed by the head of the church (the Catholicos-Patriarch).

6. Catholicos-Patriarch – the chairperson of the Holy Synod (the governing and legislative body of the Church of Georgia) and the head of the Patriarchate.

7. Chorbishop – a cleric who is the deputy of the Catholicos-Patriarch and who governs a certain area of religious practices. Chorbishops are appointed and their number is determined by the Catholicos-Patriarch.

8. Secretary – an assistant to the Catholicos-Patriarch, who performs tasks assigned directly by the Catholicos-Patriarch. The number of secretaries is determined by the Catholicos-Patriarch.

9. Ecclesiastical and administrative centre – where local expanded assemblies are held, the holy chrism is sanctified, the Catholicos-Patriarch is consecrated and newly elected high priests are ordained; at the same time, it is the oldest and foremost patriarchal cathedra.

10. Patriarchal cathedra – a stavropegial territory (city) directly subordinated to the Catholicos-Patriarch, where the residence of the Catholicos-Patriarch and the seat of the Patriarchate or any of its structures are located.

11. Patriarchate – the unity of church departments and other structural units established by an order and under the blessing of the Catholicos-Patriarch.

12. Canon law – a set of laws and rules of the Universal Orthodox Church (which includes Apostolic Canons, the decrees of the ecumenical and local councils and the Holy Fathers); and in the case of the Church of Georgia, it also includes decisions taken by local church councils, the statute (regulations) of the current administration and the governance of the Church of Georgia, as well as decrees issued by the councils of the Church of Georgia, the Holy Synod, and the Catholicos-Patriarch, and other (ecclesiastical) legal acts.

13. Confession – a sacrament of penance instituted by Jesus Christ. It is the voluntary confession of one's sins to the Lord through a priest for the purpose of spiritual purification, which a cleric does not have the right to share with others.

14. Sacrament – confidential information of the church.

15. Cleric – a person (a monk, a nun, a deacon, a priest, a bishop) canonically ordained (consecrated) in the Orthodox Church, who maintains this grace unless he/she is excommunicated by a decree of the bishop or the Holy Synod.

16. Confessor – a cleric of the Orthodox Church who hears confession from people and guides their spiritual lives.

17. Church wedding – one of the sacraments, after the performance of which the family of the wedded couple becomes legal according to church teaching.

18. Theology – ecclesiastical and theological and educational teaching about God.

19. Monastery – a dwelling place for monks and nuns, established with a bishop's blessing, that follows the typicon (rule book) determined by the bishop.

20. Church treasure – sacred items with religious and spiritual designation (painted, engraved, enameled icons and crosses; ciborium, Panagia, chalices and patens, the Deposition of Christ) which have historical significance and high artistic value.

21. Relics of saints – the body parts of martyrs and saints who were canonised by the Orthodox Church.

22. Holy relics – objects and items related to the life of the Saviour, the Virgin Mary, and the saints.

23. Church objects – items of divine service and spiritual designation.

24. Official church terminology – the following words are the official terminology of the church: Georgian Apostolic, autocephalous, Orthodox, Catholicos-Patriarch, Holy Synod.

25. Liturgical (ecclesiastical) products – churches, monasteries and religious buildings (residences of the Catholicos-Patriarch or a High Priest, theological schools), their design, archeology, construction, reconstruction and conservation; religious art; ecclesiastical objects intended for divine service (a chalice and a paten, a lance, a ciborium, an antimins, the Deposition of Christ, a baptismal font, an analogion, a candelabrum, a zeon cup, an asterisk, a thurible, a censer, an iconostasis, liturgical charcoal, a prayer rope, a crozier, Panagia, a burial shroud, a robe, a cincture, an epitrachelion, vessels for holy water, wine, soil, oil and chrism); icons, crosses, prayer candles, liturgical (sacramental) wine, frankincense, altar lamp oil, holy water, prosphora (communion bread); liturgical vestments, pilgrimage; theological, liturgical, and religious and educational literature, as well as television, video, audio and radio production of the same designation.

26. Ecclesiastical property – churches, monasteries, buildings of religious designation, relics of saints, holy relics, church objects.

27. Official religious symbols – as provided for in the statute of the administration and governance of the church;

28. Major religious holidays:

– Saint Nino's memorial day (27 January);

– Presentation of Our Saviour Jesus Christ (15 February);

– Annunciation of the Blessed Virgin Mary (7 April);

– Easter Days: Good Friday, Good Saturday, Easter Sunday (movable);

– Ascension of Our Lord Jesus Christ (movable);

– Memorial Day of Saint Andrew the Apostle, the founder of the Church of Georgia as an apostolic church (12 May);

– Transfiguration of Our Lord Jesus Christ (19 August);

– Nativity of the Blessed Virgin Mary (21 September);

– Universal Exaltation of the Precious and Life-giving Cross (27 September);

– Presentation of the Blessed Virgin Mary (4 December).