საერთო სასამართლოების შესახებ

 

 

ORGANIC LAW OF GEORGIA

ON GENERAL COURTS

 

Chapter I – General Provisions

 

Article 1 – Judiciary power

1. The judicial power is independent of other branches of state power and is administered only by courts.

2. Justice is one of the forms of administration of judicial power and is administered by general courts through civil, administrative and criminal proceedings.

3. This Law defines a system and organisation of general courts of Georgia, the legal status of judges, the procedure for their recruitment, appointment (election) and discharge, and guarantees for social and legal protection of judges, the procedure for communicating with judges of general courts of Georgia by the participants of legal proceedings, interested persons, public servants, state servants, state political officials and political officials, and their liability for failure to follow this procedure, and grounds for disciplinary liability of judges of general courts of Georgia, types of disciplinary penalties, procedure for conducting disciplinary proceedings and for imposing disciplinary liability on judges, and procedure for considering disciplinary cases and making decisions thereon in general courts of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 1¹ – Definition of terms

1. The terms used in Chapter XII¹ of this Law shall mean the following:

a) communication with a judge – any form of contact with a judge of a general court, including correspondence, conversation by phone or via another technical means;

b) a participant of legal proceedings – an employee of a prosecutor’s office, an investigator, a lawyer, a representative, a party, third party, and another person participating a criminal, civil or administrative case hearing;

c) an interested person – a person who is interested in the outcome of a case to be considered and tries to communicate with a judge to this end;

d) a public servant – a person defined under Article 3(d) of the Law of Georgia on Public Service;

e) a state servant – a person defined under Article 3(b) of the Law of Georgia on Public Service;

f) a state political official/political official – a person defined under Article 3(h) of the Law of Georgia on Public Service/a person defined under Article 3(i) of the Law of Georgia on Public Service.

2. For the purposes of this Law, the terms used therein shall mean the following:

a) reasonable belief – a combination of facts or information that would, according to the materials of a given disciplinary proceeding, satisfy a neutral observer to conclude about the alleged commission of a disciplinary misconduct by a judge;

b) high degree of probability – a combination of intercompatible and cogent evidence that is sufficient for a high degree of belief that an appropriate penalty will be imposed with regard to a disciplinary case in question.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 2 – General court system of Georgia

1. The General courts of Georgia are district (city) courts, courts of appeals and the Supreme Court of Georgia.

2. The general court system of Georgia shall be uniform.

2¹. Special courts may be established only within the general court system.

3. A military court may be established only within the general court system, during the martial law, for considering criminal cases related to the martial law, and by a decree of the President of Georgia. The same decree shall define the composition of a military court, its jurisdiction and the procedure for hearing cases. The decree shall come into force from the moment of issuance.

4. Extraordinary courts may not be established.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 3 – Defending the rights through court

1. Everyone shall have the right to apply directly to court in person or through his/her representative for defending his/her rights and freedoms.

2. Everyone shall be judged only by the court, within the jurisdiction of which his/her case falls.

 

Article 4 – Binding force of court decisions

1. A judicial act as well as a court request and order for exercising its power shall be binding on all natural and legal persons, government and municipal bodies throughout the territory of Georgia.

2. A court decision may be repealed, modified or suspended only by a court according to the procedure defined by law.

3. Failure to comply with a court decision or impeding its compliance shall entail liability provided for by law.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 6858 of 15 July 2020 – website, 28.7.2020

 

Article 5 – Delivering decisions on behalf of Georgia

A general court of Georgia shall deliver decisions on behalf of Georgia.

 

Article 6 – Principles of justice and trial

1. Justice shall be administered as equality before law and court of all persons involved in the case, as well as by the principles of transparency and non-substitution and independence of judges.

2. Trials shall be conducted with respect to the equality of parties and in adversary proceedings.

 

Article 7 – Independence of judges

1. A judge shall be independent in his/her activity. The judge shall assess facts and make decisions only according to the Constitution of Georgia, universally accepted principles and standards of international law, other laws and by his/her inner conviction. A judge may not be requested to report, or instructed as to which decision to make on a particular case.

2. Withdrawal of a judge from hearing cases, his/her dismissal from post or transfer to another position shall be permissible only in the cases defined by this Law.

3. If during the hearing of a particular case the court infers that there is a sufficient basis to believe that a law or any other normative act to be applied by the court in deciding the case may be deemed incompatible, in full or in part, with the Constitution of Georgia, it shall suspend the hearing and apply to the Constitutional Court of Georgia. The hearing shall be resumed after the Constitutional Court of Georgia has made a decision on the matter.

(The normative content of the 2^nd sentence of Article 7(3), which rules out the resumption of the proceedings suspended by the general court when a provision considered as unconstitutional by constitutional submission has ceased to be a law applicable to the suspended case, has been invalidated) – Judgement No 3/4/1648 of the Constitutional Court of Georgia of 21 April 2022 – website, 29.4.2022

4. If the court of trial finds that a normative act, the examination of which does not fall within the scope of authority of the Constitutional Court of Georgia, is incompatible with the Constitution of Georgia, the court shall deliver a decision according to the Constitution of Georgia.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Judgement No 3/4/1648 of the Constitutional Court of Georgia of 21 April 2022 – website, 29.4.2022

 

Article 8 – No interference in the activity of courts

1. A government or municipal body, agency, public or political association, official, legal or natural person shall be prohibited from encroaching upon the independence of the judiciary.

2. Any pressure upon a judge or any interference in his/her activity to influence the decision shall be prohibited and punished by law.

Organic Law of Georgia No 6858 of 15 July 2020 – website, 28.7.2020

 

Article 9 – Liability for contempt of court

Any act on the part of the parties, other persons involved in the case or any other person attending the hearing or present in the court that conveys contempt of or disrespect for court shall carry the liability provided by law.

 

Article 10 – Language of proceedings

Proceedings shall be conducted in the official language. Persons having no command of the official language shall be assigned an interpreter. Interpreter services shall be paid from the State Budget of Georgia.

 

Article 11 – Making a decision

An individual judge shall make a decision solely and multiple judges – as a panel. A panel of judges shall make a decision by a majority of votes. No judge may abstain from voting.

 

Article 12 – (Deleted)

Organic Law of Georgia No 4952 of 24 June 2011 – website, 6.7.2011

 

Article 13 – Publicity of trials

1. Every case in court shall be tried at an open session.

2. Trial in chambers may be held only if so provided for by law.

3. A court decision shall be pronounced publicly in every case.

3¹. The full text of a judicial act adopted by a court as a result of an open court session shall become public information upon the adoption of that act and shall be issued under the procedure established by the General Administrative Code of Georgia for issuing public information. No one may publish the text of this act without depersonalising it. In addition, the depersonalised text of the said act shall be published on the webpage of the High Council of Justice of Georgia or on a webpage specified by the court. For the purposes of this paragraph, a judicial act shall be any decision passed by a general court of Georgia, including a decision that does not dismiss a case on the merits. For the purposes of the same paragraph, depersonalisation of the full text of a judicial act shall mean the complete depersonalisation of the following information specified therein:

a) the identity of a person, his/her title, date of birth, personal number, identification number, number of the identity document, names of his/her place of work and position held;

b) the addresses of the place of registration of a person, his/her domicile, place of residence and place of work;

c) the telephone number and the email address of a person;

d) another information defined by the High Council of Justice of Georgia that belongs to personal data. When necessary, the information provided for by this subparagraph shall be defined by the High Council of Justice of Georgia.

4. (Deleted – 6.3.2013, No 260).

5. A photo may be taken and cinematographic or video recording may be performed in court, as well as in a courtroom, according to procedures determined by this Law.

Organic Law of Georgia No 260 of 6 March 2013 – website, 20.3.2013

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 13¹ – Airing a court session by the media

1. A court shall provide for audio and video recording of a trial. The court shall make audio, video records available to the parties upon request. If the court rules to close the session in part or in whole, the parties shall sign an undertaking of non-disclosure of the audio-, video-records.

2. A public broadcaster may perform taking of photos, cinematographic, video and audio recording of a trial, without limitation, except where the court has ruled to close the session in part or in whole. The public broadcaster shall release the record to any other media upon request.

3. If the public broadcaster fails to exercise the right under paragraph 2 of this article, such right may be exercised by another general over-the-air broadcaster by submitting a written application to a trial judge before the session. If such an application is submitted by more than one general over-the-air broadcaster, the judge shall select an authorised person by casting lots. The person exercising the right under paragraph 2 of this article shall carry the obligation defined by the same paragraph.

4. Taking of photos, cinematographic and video recording in a courtroom may be performed from a place designated in advance by the court. Any person present in the courtroom may perform the audio recording of a session from the place designated in advance by the court. In performing such acts, no one shall be permitted to move or make a noise in the courtroom or use lights or any other emission that may interrupt the normal process of administration of justice. If this rule is violated, the judge (court) may take the actions provided in the criminal procedure and civil procedure legislation of Georgia.

5. If the session proceeds with participation of jurors, taking of photos, cinematographic, video and audio recording of a session shall be performed without photographing such jurors or disclosing their identity, appearance and/or other personal details.

6. If the interests of a victim and/or a witness so require, based on a substantiated motion of a party, the court may prohibit the photographing of the victim and/or the witness and the disclosure of their identity, appearance and/or other personal details.

7. Taking of photos, cinematographic, video and audio recording in a court yard and a building corridor may be performed and aired without any limitation. A person having entered the court building under procedures determined by the court shall not be deprived of his/her personal effects, including a mobile phone, a computer, a photo, cinematographic or video camera and/or an audio recording device.

Organic Law of Georgia No 260 of 6 March 2013 – website, 20.3.2013

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 3696 of 12 June 2015 – website, 15.6.2015

 

Article 13² – Judicial mediation programme

1. A district (city) court or a court of appeals shall, under the Law of Georgia on Mediation, carry out measures provided for by a judicial mediation programme in a court in question, and other measures necessary for the development of mediation.

2.  Judicial mediation programmes shall be approved by the High Council of Justice of Georgia.

3. A judicial mediation programme must define the communication standards between a court and the Georgian Mediators Association, the procedural part of conducting judicial mediation, and other matters necessary for the proper functioning of judicial mediation, which are not regulated by the Law of Georgia on Mediation.

Organic Law of Georgia No 4963 of 18 September 2019 – website, 27.9.2019

 

Chapter II – Supreme Court of Georgia

 

Article 14 – Supreme Court of Georgia

1. The Supreme Court of Georgia (‘the Supreme Court’) is the court of highest review and final instance in the administration of justice throughout Georgia.

2. The Supreme Court shall oversee the administration of justice in the general courts of Georgia and exercise other powers under Articles 88(2) and 90(1) of the Constitution of Georgia and this Law in the established procedural form.

3. The Supreme Court shall consist of 28 members.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 15 – Structure of the Supreme Court

1. (Deleted – 8.2.2017, No 255).

2. The following shall be formed within the Supreme Court:

a) Chamber of Civil Cases;

b) Chamber of Administrative Cases;

c) Chamber of Criminal Cases;

d) Grand Chamber;

e) Plenum;

f) Chamber of Disciplinary Cases;

g) Chamber of Qualification.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Article 16 – Chamber of the Supreme Court

1. Any Chamber of the Supreme Court (other than the Chamber of Disciplinary Cases and the Chamber of Qualification) is a court of review examining, under procedures defined by procedural law of Georgia, appeals of the decisions of courts of appeals, also examining, where provided and under procedures determined by law, any other cases falling within its jurisdiction, further examining applications in connection with the Restitution and Compensation Commission decisions involving the violations of the procedures determined by the Law of Georgia on Proprietary Restitution and Compensation to Those Aggrieved in the Territory of Georgia as a Result of the Conflict in the Former Autonomous District of South Ossetia.

2. Any Chamber of the Supreme Court (other than the Grand Chamber) shall review a case by panels composed of three judges.

3. Based on a substantiated ruling, the court reviewing a case under cassation procedure may refer the case for examination to the Grand Chamber of the Supreme Court if:

a) in terms of its contents, the case is a rare legal problem;

b) the Grand Chamber does not concur with the earlier legal assessment (interpretation of a norm) of another chamber of review;

c) (Deleted).

Organic Law of Georgia No 3620 of 24 September 2010 – LHG I, No 52, 30.9.2010, Art. 334

Organic Law of Georgia No 3959 of 10 December 2010 – LHG I, No 73, 23.12.2010, Art. 439

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

 

Article 17 – Grand Chamber of the Supreme Court

1. The Grand Chamber of the Supreme Court is a court of review examining, under procedures determined by the procedural legislation of Georgia, especially complex cases defined in Articles 16(3) and 17(5) of this Law.

2. The Grand Chamber is composed of the Chairperson of the Supreme Court, the chairpersons of other chambers and at least 12 judges elected by the Plenum from among the members of Supreme Court chambers for a term of two years.

3. The Grand Chamber shall review a case by a panel composed of 9 judges. The panel shall be composed of judges having originally tried the case regardless of whether they are concurrently the members of the Grand Chamber.

4. The Chairperson of the Supreme Court or by his/her instruction – the chairperson of one of the chambers shall preside over the review of a case by the Grand Chamber.

5. Legal interpretations (interpretation of a norm) by the Grand Chamber of the Supreme Court shall be binding upon the general courts of all instances. Based on a substantiated ruling, the court reviewing a case under a cassation procedure shall refer a case for examination to the Grand Chamber of the Supreme Court if the reviewing chamber does not concur with the earlier legal interpretation (interpretation of a norm) of the Grand Chamber.

Organic Law of Georgia No 3959 of 10 December 2010 – LHG I, No 73, 23.12.2010, Art. 439

 

Article 18 – The Plenum of the Supreme Court

1. The Plenum of the Supreme Court shall be composed of the Chairperson of the Supreme Court, the First Deputy Chairperson and the Deputy Chairpersons of the Supreme Court, the members of the Supreme Court and the chairpersons of courts of appeals.

2. The Plenum may:

a) elect members of the Grand Chamber on the recommendation of the Chairperson of the Supreme Court;

b) elect the composition of the Supreme Court chambers and their chairpersons upon recommendation of a member of the Plenum of the Supreme Court;

b¹) (Deleted – 8.2.2017, No 255);

c) appoint three members of the Constitutional Court of Georgia;

d) under Article 89(1)(a) of the Constitution of Georgia, in connection with the examination of a particular case and generalisation of precedents, submit a recommendation to the Constitutional Court of Georgia on the compatibility of a normative act with the Constitution of Georgia;

e) (Deleted – 1.11.2013, No 1489);

f) submit a recommendation to the President of Georgia or the Government of Georgia regarding signing international agreements on matters falling within the scope of authority of the Supreme Court;

g) hear and assess briefs from chairpersons of the Supreme Court chambers, reports from the heads of the structural units of the Office of the Supreme Court, and consider proposals to improve their activity;

h) create an official gazette of the Supreme Court and appoint, on the recommendation of the Chairperson of the Supreme Court, its editor and editorial board;

i) form a research-advisory board of the Supreme Court, approve its regulations, composition and academic secretary;

j) within funds allocated from for the Supreme Court from the State Budget of Georgia, determine the amount of a monthly bonus to the official salary of a member of the Supreme Court;

k) approve, on the recommendation of the Chairperson of the Supreme Court, Regulations of the Office of the Supreme Court, and the rates of official salaries to employees and other workers;

k¹) approve, on the recommendation of the Chairperson of the Supreme Court, the Supreme Court Internship Procedure and the Procedure for Assessment of Servants of the Office of the Supreme Court;

l) prepare and publish annual reports on the condition of justice in Georgia;

m) exercise other rights arising out of the constitutional functions of the judiciary and provided by the legislation of Georgia.

3. The Plenum shall:

a) protect and strengthen institutional independence of the judiciary as one of the branches of state authority and an equal branch of state authority, and ensure the independence of judges;

b) help build people’s trust and confidence in the judiciary within the scope of its authority.

4. The Plenum shall be duly constituted if at least two thirds of the members of the Plenum are present at a session. Decisions shall be deemed passed if voted for by at least two thirds of the members present at the session.

5. The Plenum shall convene as necessary, but at least once a year. The plenary session shall be called by the Chairperson of the Supreme Court on his/her initiative or by request of at least one fifth of Plenum members.

6. Relevant specialists and other persons may be invited to plenary sessions.

7. A session of the Plenum of the Supreme Court shall be public, as a rule.

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

Organic Law of Georgia No 5920 of 27 March 2012 – website, 19.4.2012

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Article 19 – Chamber of Disciplinary Cases of the Supreme Court

1. The Chamber of Disciplinary Cases of the Supreme Court, composed of 3 members, shall be elected by the Plenum of the Supreme Court for a three-year term. In order to elect members of the Chamber of Disciplinary Cases of the Supreme Court, candidates for membership, including a candidate for the Chairperson of the Chamber of Disciplinary Cases, shall be nominated to the Plenum of the Supreme Court from among the Supreme Court members by a member of the Plenum.

2. (Deleted – 8.2.2017, No 255);

3. If the Plenum of the Supreme Court fails to elect, twice in a row, a candidate for membership of the Chamber of Disciplinary Cases nominated by a member of the Plenum of the Supreme Court as a member of the Chamber of Disciplinary Cases of the Supreme Court, the Chairperson of the Supreme Court may appoint an acting member of the Chamber of Disciplinary Cases from among members of the Supreme Court for not more than a six-month term until electing this candidate.

4. The Chairperson of the Supreme Court may be recused from examination, for the period of examination of a particular application in the Chamber of Disciplinary Cases, by a Chamber member who has grounds for recusal under the procedural legislation of Georgia in connection with the application. In such case, the Chairperson of the Supreme Court shall appoint an acting member of the Chamber of Disciplinary Cases from among Supreme Court members.

5. A member of the Chamber of Disciplinary Cases shall effectively exercise the powers of a judge of the Supreme Court.

6. The Chamber of Disciplinary Cases of the Supreme Court shall consider an appeal from a decision of the Disciplinary Panel of Judges of General Courts of Georgia under the procedure determined by Chapter XIII ​ ¹ of this Law, and from a decision of the Ethics Commission of the Georgian Bar Association – under the procedure determined by Chapter XIII ​ ¹ of this Law and the Law of Georgia on Lawyers.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 2267 of 4 May 2018 – website, 21.5.2018

 

Article 19¹ – The Chamber of Qualification of the Supreme Court

1. The Chamber of Qualification of the Supreme Court shall, where so provided for and under the procedure established by this Law, review an appeal against the decree/decision of the High Council of Justice of Georgia passed in the course of the appointment to the position of a judge of a district (city) court or the court of appeals for a three-year or an unlimited term, or an appeal against the decree/recommendation of the High Council of Justice of Georgia passed in the course of selecting candidates to be nominated to the Parliament of Georgia for the election to the position of a judge of the Supreme Court, or an appeal against the decision of the High Council of Justice of Georgia on seconding a judge to another court.

2. The Chamber of Qualification of the Supreme Court composed of three members shall be elected by the Plenum of the Supreme Court for a three-year term. A member of the Chamber of Qualification of the Supreme Court may not be a judge of the Supreme Court who, at the same time, is a member of the High Council of Justice of Georgia.

3. Any member of the Plenum of the Supreme Court may present to the Plenum candidates for membership in the Chamber of Qualification (including a candidate for chairperson of the Chamber of Qualification) which are to be elected from among the Supreme Court members. If the Plenum of the Supreme Court twice fails to elect the nominated candidates, the Chairperson of the Supreme Court may appoint one of the members of the Supreme Court as an acting member of the Chamber of Qualification, for not more than six months, until a member of the Chamber of Qualification is elected.

4. A member of the Chamber of Qualification shall be discharged by the Chairperson of the Supreme Court, with the consent of the Plenum of the Supreme Court.

5. A member of the Chamber of Qualification shall be obliged to withdraw from a case hearing for the period required to review a specific appeal, provided he/she has grounds for recusal in relation to this appeal under the procedural legislation of Georgia. In this case, the Chairperson of the Supreme Court shall appoint an acting member of the Chamber of Qualification from among the Supreme Court members for the period required to review the appeal.

6. A member of the Chamber of Qualification of the Supreme Court shall fully exercise powers of a judge of the Supreme Court.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 20 – Chairpersons of the Supreme Court chambers

1. The Supreme Court chambers have chairpersons. The chairperson of a chamber (except for Chairpersons of the Chamber of Disciplinary Cases and the Chamber of Qualification) shall be elected by the Plenum of the Supreme Court from among members of the chamber for a five-year term. Chairpersons of the Chamber of Disciplinary Cases and the Chamber of Qualification shall be elected by the Plenum of the Supreme Court from among members of the chambers for a three-year term under the procedure established by Articles 19 and 19¹ of this Law. By decision of the Plenum of the Supreme Court, powers of the chairperson of a chamber (except for Chairpersons of the Chamber of Disciplinary Cases and the Chamber of Qualification) may be exercised by the Chairperson of the Supreme Court.

2. The chairpersons of Supreme Court chambers (other than the Chairpersons of the Chamber of Disciplinary Cases and the Chamber of Qualification) shall concurrently serve as Deputy Chairpersons of the Supreme Court.

3. The First Deputy Chairperson of the Supreme Court shall be elected by the Plenum of the Supreme Court from among the chairpersons of Supreme Court chambers (other than the Chairpersons of the Chamber of Disciplinary Cases and the Chamber of Qualification).

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Article 21 – Chairperson of the Supreme Court

1. The Chairperson of the Supreme Court:

a) provides overall management of the activity of the Supreme Court;

b) may serve as the chairperson of one of the chambers; presides over the sessions of the Plenum and the Grand Chamber of the Supreme Court and, if necessary, the sessions of the chambers of the Supreme Court;

c) (deleted – 1.5.2013, No 580);

d) in connection with general issues of justice in Georgia, interacts, on behalf of the judiciary in the administration of justice, with other branches of state authority, the media and the population;

e) manages the operation of the Office of the Supreme Court;

f) makes decisions on the appointment to the post (recruitment) and discharging from the post (dismissal from office) of public servants of the Office of the Supreme Court;

g) designates a judge with relevant powers to issue orders for conducting operational-technical measures under the Law of Georgia on Counter-Intelligence Activities;

h) exercises powers under Chapter XIII ^{​ 1}  of this Law;

i) (Deleted – 21.7.2018, No 3262 ) ;

j) exercises other powers provided by the legislation of Georgia.

1¹. The Chairperson of the Supreme Court shall be elected by the Parliament of Georgia from among the members of the Supreme Court, upon recommendation of the High Council of Justice of Georgia, for a ten-year term but not longer than his/her term of powers as of a judge of the Supreme Court, by a majority of the total number of its members. One and the same person may not be elected again as the Chairperson of the Supreme Court. Not less than one fifth of the total number of members of the High Council of Justice of Georgia shall have the right to nominate a candidate for Chairperson of the Supreme Court. All the candidates shall be put to the vote simultaneously. A candidate that has received at least two thirds of the votes of the total number of members of the High Council of Justice of Georgia shall be considered nominated. If none of the candidates receives the said number of votes, a candidate with the best result shall be put to the vote (if the candidates receive the equal number of votes, a candidate that has longer experience of working in his/her specialty shall be given preference). A candidate shall be considered nominated if he/she has received votes of the majority of the total number of members of the High Council of Justice of Georgia. If the High Council of Justice of Georgia fails to nominate a candidate for Chairperson of the Supreme Court, the procedure for nominating a candidate shall commence again not earlier than 2 weeks from the last voting. A candidate, who has failed to receive the necessary number of votes of members of the Parliament of Georgia as a result of voting, may be nominated to the Parliament of Georgia for election as the Chairperson of the Supreme Court only twice within the term of powers of the Parliament of one convocation.

2. If the Chairperson of the Supreme Court is temporarily absent, his/her powers shall be exercised by the First Deputy Chairperson. If the Chairperson and the First Deputy Chairperson of the Supreme Court are absent, the powers of the Chairperson shall be exercised by one of the Deputy Chairpersons by the Chairperson’s order.

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Chapter III – Court of Appeals

 

Article 22 – Court of appeals

A court of appeals shall be created and its jurisdiction shall be defined by decision of the High Council of Justice of Georgia.

 

Article 23 – Composition of a court of appeals

1. The High Council of Justice of Georgia shall define the number of the judges of a court of appeals.

2. The following shall be established within the court of appeals:

a) the Chamber of Civil Cases;

b) the Chamber of Administrative Cases;

c) the Chamber of Criminal Cases;

d) the Investigation Panel.

2¹. By decision of the High Council of Justice of Georgia, a narrower specialisation of judges may be conducted at the Court of Appeals.

3. The High Council of Justice of Georgia shall define the number of judges in the chambers and Investigation Panel of the court of appeals.

4. If necessary, in order to avoid delay in the administration of justice, the chairperson of the Court of Appeals may assign a judge to participate in a hearing at another chamber or the Investigation Panel of the same court.

5. Each chamber and the Investigation Panel of the Court of Appeals shall have chairpersons. Chairpersons of the chambers and the Investigation Panel of the Court of Appeals shall be appointed for a five-year term from the composition of the respective chamber and the Panel by the High Council of Justice of Georgia. A judge assigned to the position for a three-year term may not be appointed as chairperson of a chamber, or chairperson of the Investigation Panel of the Court of Appeals, except when he/she has at least five years’ experience of working as a judge. A judge assigned to the position for a three-year term may be appointed as chairperson of a chamber, or chairperson of the Investigation Panel of the Court of Appeals within his/her tenure.

6. The High Council of Justice of Georgia shall appoint the chairperson and the deputy chairperson of the Court of Appeals, by a reasoned decision, from among judges of the Court of Appeals for a five-year term. Before appointing the chairperson of the Court of Appeals, the High Council of Justice of Georgia shall have consultations with the judges of a respective court. A judge assigned to the position for a three-year term may not be appointed as chairperson, or deputy chairperson of the Court of Appeals, except when he/she has at least five years’ experience of working as a judge. A judge assigned to the position for a three-year term may be appointed as chairperson, or deputy chairperson of the Court of Appeals within his/her tenure.

7. Until the chairperson of the court of appeals, a deputy chairperson of the court of appeals, the chairperson of a chamber or the Investigation Panel is appointed, by decision of the High Council of Justice of Georgia, his/her powers may be delegated to one of the judges of the same court. The High Council of Justice of Georgia may terminate the chairperson’s powers delegated to the judge.

8. Grounds for terminating powers of the chairperson of the Court of Appeals, deputy chairperson of the Court of Appeals, chairperson of a chamber, or chairperson of the Investigation Panel of the Court of Appeals shall be as follows:

a) a personal application;

b) termination of powers of a judge of the Court of Appeals;

c) as a disciplinary measure, discharging of the chairperson of the Court of Appeals, a deputy chairperson of the Court of Appeals, the chairperson of a chamber, or the chairperson of the Investigation Panel of the Court of Appeals;

d) expiry of the tenure of the chairperson of the Court of Appeals, a deputy chairperson of the Court of Appeals, the chairperson of a chamber, or the chairperson of the Investigation Panel of the Court of Appeals.

9. If any of the grounds under paragraph 8 of this article is present (except for the case under subparagraph c) of the same paragraph), the termination of powers of the chairperson of the Court of Appeals, a deputy chairperson of the Court of Appeals, the chairperson of a chamber, or the chairperson of the Investigation Panel of the Court of Appeals shall be formalised by decision of the High Council of Justice of Georgia.

10. In the case under paragraph 8(c) of this article, the chairperson of the Court of Appeals, a deputy chairperson of the Court of Appeals, the chairperson of a chamber, or the chairperson of the Investigation Panel of the Court of Appeals shall be discharged from the post under Chapter XIII ^{​ 1} of this Law.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 2034 of 7 March 2018 – website, 29.3.2018

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 24 – Powers of the court of appeals

1. The court of appeals, in panels of 3 judges, shall examine petitions for appeal of decisions of district (city) courts) under procedures determined by procedural law. Petitions for appeal on a certain category of cases may be examined by an individual judge under procedures determined by procedural law.

2. The court of appeals shall also exercise powers under the Law of Georgia on Arbitration.

3. A judge of the Investigation Panel of the court of appeals shall solely examine appeals, where so provided for by the legislation of criminal procedure.

 

Article 25 – Powers of the chairperson of the court of appeals

1. The chairperson of the court of appeals shall:

a) personally hear cases;

b) supervise the operation of the Court office, make decisions under the procedure determined by the legislation of Georgia on the appointment to the post (recruitment) and discharging from the post (dismissal from office) of a court manager, head of the Bailiffs Office, a court bailiff, assistant to the judge and a secretary of the court session; impose measures of disciplinary liability defined in the Law of Georgia on Public Service upon the court manager and other public servants of the Court Office;

c) under the procedure determined by the legislation of Georgia, ensure generalisation of applications, complaints and proposals of the citizens, and submit materials of the generalisation to the High Council of Justice of Georgia;

d) exercise the power under Article 23(4) of this Law;

e) organise the operation of the court, examine and generalise information on the case-flow management (including the indicators of filing and closing of cases, time limits of the proceedings, reasons for adjourning of the sessions and impeding of the proceedings), and submit, at least annually, this information to judges and the High Council of Justice of Georgia; within the scope of its competence, take measures for eliminating the systemic reasons that impede the proceedings;

f) provide for the observance of order in the court, have the right to introduce rules for checking participants and attendees of the process before the beginning of a session and to prohibit the admission of certain items into the court building or courtroom to ensure the safety of the session; also have the right to limit the number of attendees of a session depending on the courtroom space;

g) if order in the court is violated, any contempt of court is expressed or the normal operation of the court is interrupted, have the right to subject the offender to the measures provided by the procedural legislation of Georgia. The procedure for issuing an order on the above matter by the chairperson of the court and appealing such order shall be determined by the procedural legislation of Georgia;

h) exercise other powers provided by the legislation of Georgia.

2. While the chairperson of the court of appeals is temporarily absent, his/her duties shall be discharged by a deputy chairperson of the court of appeals, and if the deputy chairperson of the court of appeals is absent, his/her duties shall be discharged by the chairperson of one of the chambers or the Investigative Panel of the court of appeals on the instruction of the chairperson of the court of appeals.

3. The Chairperson of the Court of Appeals shall at the same time be a member of a chamber/the Investigation Panel of the Court, and may be the Chairperson of a chamber/the Investigation Panel of the Court.

Organic Law of Georgia No 3523 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 286

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1050 of 16 June 2017 – website, 22.6.2017

Organic Law of Georgia No 2034 of 7 March 2018 – website, 29.3.2018

 

Article 26 – Powers of the deputy chairperson of the court of appeals

1. The deputy chairperson of the court of appeals shall:

a) participate in the examination of cases;

b) (Deleted – 8.2.2017, No 255);

c) by assignment from the chairperson of the court of appeals, oversee the operation of the court staff, submit proposals to the chairperson of the court of appeals for imposing disciplinary liability upon court employees for a gross violation of labour discipline or other disciplinary misconduct;

d) by assignment from the chairperson of the court of appeals, implement relevant actions to provide organisational support to the administration of justice;

e) under the procedure determined by the legislation of Georgia, ensure generalisation of applications, complaints and proposals of the citizens, and submit materials of the generalisation to the Chairperson of the Court of Appeals;

f) discharge duties of the chairperson of the court of appeals in the case provided for by this Law;

g) exercise other powers provided by the legislation of Georgia.

2. While the deputy chairperson of the court of appeals is temporarily absent, the duties of the deputy chairperson of the court of appeals shall be discharged by the chairperson of one of the chambers or the Investigation Panel of the court of appeals on the instruction of the chairperson of the court of appeals.

3. The deputy Chairperson of the Court of Appeals shall at the same time be a member of a chamber/the Investigation Panel of the Court, and may be the Chairperson of a chamber/the Investigation Panel of the Court.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 2034 of 7 March 2018 – website, 29.3.2018

 

Chapter IV – District (City) Court

 

Article 27 – Set-up of a district (city) court

1. A district (city) court shall be set up and its jurisdictional area shall be defined by decision of the High Council of Justice of Georgia.

2. A district court shall be set up in a municipality (municipalities).

3. A city court shall be set up in a self-governing city. The jurisdictional area of a city court may include a self-governing city as well as a municipality (municipalities).

 

Article 28 – Number of judges in a district (city) court

1. A district (city) court shall be composed of at least 2 judges.

2. The High Council of Justice of Georgia shall define the number of the judges of a district (city) court according to procedures determined by the legislation of Georgia.

3. The composition of a district (city) court may include magistrate judges. A magistrate judge shall be the judge of a district (city) court who practices in an administrative-territorial unit within the jurisdictional area of the district (city) court. The jurisdictional area and the number of magistrate judges shall be determined by decision of the High Council of Justice of Georgia. The composition of magistrate judges in a district (city) court shall be determined by the High Council of Justice of Georgia.

 

Article 29 – Trial in a district (city) court

1. The district (city) court is the court of first instance that examines cases falling within its jurisdiction according to procedures determined by the procedural legislation of Georgia by an individual judge or, as determined by law, in a panel of 3 judges.

2. An individual magistrate judge shall examine cases unless otherwise provided by law.

 

Article 30 – Specialisation of judges

1. In a district (city) court composed of 2 judges, 1 judge shall examine criminal cases and the other judge shall examine civil and other categories of cases, except as determined in the procedural legislation of Georgia. Judges shall be specialised based on a decision of the High Council of Justice of Georgia.

2. In a district (city) court of special caseload composed of more than 2 judges, a narrower specialisation of judges may be conducted or specialised judicial panels (‘the judicial panels’) may be set up by decision of the High Council of Justice of Georgia.

3. The number of judges in the Panels and the composition of the Panels shall be determined by the High Council of Justice of Georgia.

4. A judicial panel shall have a chairperson. The Chairperson of a judicial panel shall be appointed from among the panel composition for a five-year term by the High Council of Justice of Georgia. A judge assigned to the position for a three-year term may not be appointed as chairperson of a judicial panel, except when he/she has at least five years’ experience of working as a judge. A judge assigned to the position for a three-year term may be appointed as chairperson of the judicial panel within his/her tenure.

5. If necessary, in order to avoid delay in the administration of justice, the chairperson of the court may assign a judge selected under the procedure established by Article 58¹ of this Law, with his/her consent, to hear a case as a member of another specialised staff (judicial panel) of the same court, and to act as a magistrate judge as well, and may assign a magistrate judge to hear a case outside his/her jurisdiction, in a district (city) court.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Article 31 – Jurisdiction of a district (city) court

The jurisdiction of a district (city) court as well as that of a magistrate judge shall be determined by law.

 

Article 32 – Chairperson of a district (city) court

 1. The chairperson of a district (city) court shall be appointed from among the judges of a respective court, and the chairperson of a court in which judicial panels are set up – including from among chairpersons of the judicial panels for a five-year term by the High Council of Justice of Georgia, by a reasoned decision. Before appointing the chairperson of a district (city) court, the High Council of Justice of Georgia shall have consultations with the judges of a respective court. A judge assigned to the position for a three-year term may not be appointed as chairperson of a district (city) court, except when he/she has at least five years’ experience of working as a judge. A judge assigned to the position for a three-year term may be appointed as chairperson a district (city) court within his/her tenure.

2. The chairperson of a district (city) court shall:

a) personally hear cases;

b) manage and supervise the operation of the Court office, make decisions as determined by the legislation of Georgia on the appointment to the post (recruitment) and discharging from the post (dismissal from office) of a court manager, head of the Bailiff’s Office, a court bailiff, assistant to the judge and a secretary of the court session; impose measures of disciplinary liability defined in the Law of Georgia on Public Service upon the court manager and other public servants of the Court Office;

c) organise the operation of the court, examine and generalise information on the case-flow management (including the indicators of filing and closing of cases, time limits of the proceedings, reasons for adjourning of the sessions and impeding of the proceedings), and submit, at least annually, this information to judges and the High Council of Justice of Georgia; within the scope of its competence, take measures for eliminating the systemic reasons that impede the proceedings;

d) under the procedure determined by the legislation of Georgia, ensure generalisation of applications, complaints and proposals of the citizens, and submit materials of the generalisation to the High Council of Justice of Georgia;

d¹) exercise the power under Article 30(5) of this Law;

f) provide for the observance of order in the court; be authorised to establish a pre-session checking of parties to the proceeding and persons attending the session, and prohibition of carrying individual items into the court building or the courtroom to ensure safety at the court session; and be authorised, depending on a courtroom space, to limit the number of persons attending the session;

g) be authorised, in case order in the court is violated, any contempt of court is expressed or the normal operation of the court is interrupted, to subject the offender to the measures provided for by the procedural legislation of Georgia. The procedure for issuing a writ on this matter by the chairperson of a district (city) court and appealing the writ shall be determined by the procedural legislation of Georgia;

h) discharge other duties provided for by the legislation of Georgia.

i) (Deleted – 8.2.2017, No 255).

j) (Deleted – 8.2.2017, No 255).

k) (Deleted – 8.2.2017, No 255).

3. Until the chairperson of a district (city) court is appointed, and in a court having Panels – until the chairperson of the Panel is appointed, by decision of the High Council of Justice of Georgia, the powers of the chairperson of district (city) court (Panel) may be delegated to one of the judges of the same court. The High Council of Justice of Georgia may terminate the chairperson’s powers delegated to the judge.

4. The chairperson of a district (city) court, in which judicial panels are set up, shall at the same time be a member of a panel of this court, and may be the chairperson of the panel.

5. Grounds for terminating powers of the chairperson of a district (city) court/chairperson of a judicial panel shall be as follows:

a) a personal application;

b) termination of powers of a judge of the district (city) court;

c) as a disciplinary action, discharging of the chairperson of the district (city) court/chairperson of the judicial panel;

d) expiry of the tenure of the chairperson of the district (city) court/chairperson of the judicial panel.

6. If any of the grounds under paragraph 5 of this article is present (except for the case under subparagraph c) of the same paragraph), the termination of powers of the chairperson of the chairperson of the district (city) court/chairperson of the judicial panel shall be formalised by decision of the High Council of Justice of Georgia.

7. In the case under paragraph 5(c) of this article, the chairperson of the district (city) court/chairperson of the judicial panel shall be discharged under Chapter        XIII ^{​ 1} of this Law.

Organic Law of Georgia No 3523 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 286

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1050 of 16 June 2017 – website, 22.6.2017

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 33 – Discharging the duties of the chairperson of a district (city) court

1. In a district (city) court composed of more than 2 judges, while the chairperson of the court is temporarily absent, his/her duties shall be discharged, on the chairperson’s assignment, by one of the judges of the court, and in a court having Panels, on the assignment by the chairperson of the court, by the chairperson of one of the Panels. If there is no assignment from the chairperson of the court, the duties of the chairperson shall be discharged by the judge or the chairperson of the Panel who has a longer tenure as a judge.

2. While the chairperson of the Panel is temporarily absent, on assignment by the chairperson of the court, his/her duties shall be discharged by one of the judges of the court or if there is no such assignment from the chairperson of the court – by the judge who has a longer tenure as a judge.

3. In a district (city) court composed of two judges, while the chairperson of the court is temporarily absent, his/her duties shall be discharged by the other judge of the court.

 

Chapter V – Appointment (Election) and Promotion of Judges

 

Article 34 – Requirements set for a candidate for judge

1. Considering the requirement of this article, a legally competent citizen of Georgia from 30 years of age, who has a higher legal education with at least a master’s or equal academic degree/higher education diploma, not less than five years of working experience in the specialty, has the command of the official language of Georgia, has passed a judge’s qualification exam, has completed the full training course of the High School of Justice and has been included in the Justice Trainee Qualifications List may be appointed/elected as a judge.

2. A person with previous conviction, or a person who has been discharged from the position of a judge on the ground provided for by Article 43(1)(b) of this Law (except when the provision of Chapter XIII ^{​ 1}  of this Law on the basis of which the person was discharged from the position of a judge ceased to exist), or on the ground provided for by Article 43(1)(h) may not be appointed/elected to the position of a judge.

3. The following persons shall be exempt from passing a judge’s qualification exam to hold the position of a judge:

a) a person nominated for election to the position of a judge of the Supreme Court;

b) an active or former member of the Supreme Court;

c) an active or former member of the Constitutional Court of Georgia;

d) a former judge of a general court of Georgia – 10 years before his/her judicial powers expire;

4. The following persons shall be exempt from studying at the High School of Justice to hold the position of a judge:

a) a person nominated for election to the position of a judge of the Supreme Court;

b) an active or former member of the Supreme Court;

c) an active or former member of the Constitutional Court of Georgia;

d) a former judge of the Supreme Court, a district (city) court or the court of appeals, who has passed a judge’s qualification exam, who has been appointed to the position of a judge of the said court as a result of competition and who has not less than 18 months’ experience of working as a judge;

e) a person who has completed the full training course of the High School of Justice and who has been included in the Justice Trainee Qualifications List, regardless of the term he/she has held the position of a judge or whether he/she was appointed to this position after he/she graduated from the High School of Justice.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 2651 of 1 August 2014 – website, 12.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1052 of 16 June 2017 – website, 27.6.2017

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 4526 of 1 May 2019 – website, 2.5.2019

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 34¹ – Procedure for selecting candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court

1. The High Council of Justice of Georgia shall, not later than three months before arising of a vacancy of a judge of the Supreme Court or not later than one month after premature termination of powers of a judge of the Supreme Court, commence the procedure, in accordance with the rule established by this Law, for selecting a candidate to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court. The High Council of Justice of Georgia shall announce the commencement of the selection procedure through the official printing body of Georgia and its own official website, and shall submit appropriate information to the Public Broadcaster and at least two national broadcasters.

2. The High Council of Justice of Georgia shall define the form of an application to be submitted by a person for participation in the selection procedure, and the list of the documents enclosed. The application and the documents (including autobiography) submitted by the person must include appropriate information about his/her meeting the judicial qualification requirements, and consent of the person to searching/verifying the information about him/her (including personal details of the person) by the High Council of Justice of Georgia under the procedure established by Article 34² of this Law, and to forwarding it to the Parliament of Georgia/making it public.

3. Applications for a vacancy of a judge of the Supreme Court shall be accepted during three weeks after commencement of the selection procedure.

4. The High Council of Justice of Georgia shall, within five days after the expiry of the period for accepting applications, consider the applications and the documents enclosed of persons participating in the selection procedure. The High Council of Justice of Georgia shall make the decision to register a person as a candidate if he/she meets the judicial qualification requirements and if he/she, under the procedure established by paragraph 2 of this article, has properly submitted the application and the documents enclosed. Upon the end of the selection procedure, the list of the applicants, their autobiographies and information on their registration as candidates shall be published on the webpage of the High Council of Justice of Georgia.

5. A person participating in the selection procedure may appeal against the decision of the High Council of Justice of Georgia provided for in paragraph 4 of this article to the Chamber of the Board Expert of the Supreme Court within two working days after the decision is published. The Chamber of the Board Expert of the Supreme Court shall consider the appeal in accordance with the criteria established by paragraph 4 of this article, and make a decision within two working days.

6. (Deleted – 1.4.2021, No 447).

7. (Deleted – 30.9.2020, No 7205).

8. The High Council of Justice of Georgia shall , not earlier than 10 and not later than 20 working days after the expiry of the period for considering the appeal, commence the public hearing of persons registered as candidates. The persons registered as candidates must, within 5 working days after the expiry of the period for considering the aforementioned appeal, submit to the High Council of Justice of Georgia a certificate issued under the legislation of Georgia on filing the official’s asset declaration and a drug test certificate. The drug test certificate shall be published on the webpage of the High Council of Justice of Georgia within 2 working days after it is filed by the candidate. If a candidate fails to file a certificate on filing the official’s asset declaration or a drug test certificate, his/her registration as a candidate shall be cancelled.

9. Not later than five working days before commencement of the hearing of candidates, each member of the High Council of Justice of Georgia shall be forwarded for examination the information on the candidates acquired under the procedure established by this Law.

10. The candidates shall appear at the public hearing individually. Members of the High Council of Justice of Georgia shall have the right to ask a question to each candidate. When holding the public hearing of candidates, the principle of equal treatment must be observed in relation to all the candidates. The public hearing of the candidates shall be held under the procedure established by the High Council of Justice of Georgia.

11. Following the public hearing of candidates, the members of the High Council of Justice of Georgia shall, before a nearest session of the Council, based on Article 35¹ of this Law, assess a candidate for judge without judicial experience by points under Article 35¹(16) of this Law, and a candidate with judicial experience – by points in accordance with Article 35¹(17) of this Law.  The members of the High Council of Justice of Georgia shall, considering Article 35¹ of this Law, also assess the candidates by the good faith criterion in accordance with Article 35¹(15) of this Law. In addition, when assessing a candidate, each member of the High Council of Justice of Georgia shall substantiate in writing every point provided for in Article 35¹(16)/Article 35¹(17) of this Law and each characteristic of the good faith criterion defined by the same article. The aforementioned assessments and substantiations shall include the name, the surname and the signature of the appropriate member of the High Council of Justice of Georgia. If a member of the High Council of Justice of Georgia fails to assess all the candidates in accordance with this paragraph, and fails to forward the assessments and the substantiations defined by the same paragraph to the Office of the High Council of Justice of Georgia, it shall be deemed that this member of the Council does not participate in the procedure provided for in this paragraph. In addition, the results of the assessment of all the candidates he/she has performed shall be cancelled. If a member of the High Council of Justice of Georgia forwards to the Office of the High Council of Justice of Georgia an incomplete assessment of a candidate or an assessment of a candidate without substantiation, the Office of the Council shall notify this member of the Council about this defect. A member of the High Council of Justice of Georgia shall have the right to correct this defect within 2 business days. If the defect is not corrected within the aforementioned period, it shall be deemed that this member of the High Council of Justice of Georgia does not participate in the procedure provided for in this paragraph, and in addition, the results of the assessment of all the candidates he/she has performed shall be cancelled. The number of points gained by the candidates and the substantiations of the points, the assessments provided for by Article 35¹(15) of this Law and the substantiations of the assessments shall be public and, with the indication of the names and surnames of the members of the High Council of Justice of Georgia, shall be published on the webpage of the High Council of Justice of Georgia.

12. After the assessments of the candidates and the substantiations of the assessments are published in accordance with paragraph 11 of this article, the High Council of Justice of Georgia shall pass a decree which will include the names and surnames of candidates transferred to the next stage, and the names and surnames of candidates that were not transferred to the next stage. Before the aforementioned decree is passed, the Secretary of the High Council of Justice of Georgia shall submit to the members of the Council the assessments of each candidate and the substantiations of the assessments provided for by paragraph 11 of this article, and the written summary information about the assessments of the candidates. As many candidates with the best results according to the sum of points gained when assessed by the competence criterion as the number of vacancies announced shall be transferred to the next stage. In addition, a candidate shall only be transferred to the next stage if the sum of points he/she has gained when being assessed by the competence criterion is at least 70 % of the maximum number of points and at least 10 members of the High Council of Justice of Georgia has found that he/she meets or fully meets the good faith criterion. Otherwise, the following candidate with the best result according to the sum of points gained when assessed by the competence criterion, whose sum of points gained is at least 70 % of the maximum number of points and who, based on the assessment of at least 10 members of the High Council of Justice of Georgia, meets or fully meets the good faith criterion shall be transferred to the next stage. If the number of candidates that meet the aforementioned requirements is less than the number of vacancies announced, only these candidates shall be transferred to the next stage. If during the identification of candidates transferred to the next stage under the procedure established by this paragraph, it is found that the sum of points gained by two or more than two candidates when assessed by the competence criterion is the same, priority shall be given to the candidate that has been assessed better by the good faith criterion by more members of the High Council of Justice of Georgia, and if these assessments are also the same, priority shall be given to the candidate that has longer work experience in his/her speciality. The list of candidates transferred to the next stage and the decree of the High Council of Justice of Georgia provided for by this paragraph shall be public and shall be published on the webpage of the High Council of Justice of Georgia.

13. After the list of the candidates transferred to the next stage under the procedure established by paragraph 12 of this article and the decree of the High Council of Justice of Georgia is published, for nominating a candidate to the Parliament of Georgia for election to the position of a judge of the Supreme Court, the candidates on the aforementioned list shall be put to vote one by one on an open meeting of the Council, according to the following procedure: first, a candidate among these candidates who has the best result according to the sum of points gained when assessed by the competence criterion shall be put to vote, then, following the same principle, the rest of the candidates shall be put to vote in a successive order. In addition, if any of the candidates fails to gain support of at least two thirds of the total number of members of the High Council of Justice of Georgia as a result of voting, the rest of the candidates shall not be put to the vote. If it turns out that the sum of points gained by two or more than two candidates when assessed by the competence criterion is the same, when determining the order of voting, among them priority shall be given to the candidate that has been assessed better by the good faith criterion by more members of the High Council of Justice of Georgia, and if these assessments are also the same, priority shall be given to the candidate that has longer work experience in his/her speciality. The voting provided for by this paragraph shall be open. During voting, the members of the High Council of Justice of Georgia shall be guided by the good faith and competence criteria provided for by Article 35¹ of this Law. A member of the High Council of Justice of Georgia participating in the voting shall submit to the Secretary of the High Council of Justice of Georgia the written substantiation of the decision he/she has made during voting immediately after the voting is finished. A candidate shall be nominated to the Parliament of Georgia for the election to the position of a judge of the Supreme Court if he/she is supported by at least two thirds of the total number of members of the High Council of Justice of Georgia. Candidates shall be nominated to the Parliament of Georgia collectively, upon recommendation of the High Council of Justice of Georgia. The recommendation and the voting results provided for by this paragraph, the decisions made by the members of the High Council of Justice of Georgia during voting and the substantiations of the decisions shall be published on the Council’s webpage.

14. A member of the High Council of Justice of Georgia may, following each voting provided for by this article, submit his/her dissenting opinion in writing to the High Council of Justice of Georgia, which is published on the webpage of the High Council of Justice of Georgia and which is sent by the High Council of Justice of Georgia to the Parliament of Georgia when nominating a candidate for election to the position of a judge of the Supreme Court to the Parliament of Georgia. The High Council of Justice of Georgia shall also send to the Parliament of Georgia the information and documentation published on the webpage of the High Council of Justice of Georgia under paragraphs 11-13 and 15 of this article.

15. If the Parliament of Georgia fails to elect a candidate/candidates to the position of a judge of the Supreme Court, within 2 weeks, as many candidates as the number of vacancies available, shall be selected under the procedure established by paragraph 12 of this article, from among the candidates specified in the list of persons registered as candidates, and he/she/they shall be nominated under the procedure established by paragraph 13 of this article to the Parliament of Georgia for election to the position of a judge of the Supreme Court. In addition, the appropriate information and documentation shall be published on the webpage of the High Council of Justice of Georgia in accordance with the same paragraphs. The procedure established by this paragraph shall be applied once.

16. If a candidate for judge of the Supreme Court is a member of the High Council of Justice of Georgia, he/she shall not enjoy the right to assess candidates and to vote at any stage of the process. He/she may not ask questions to the candidates either during hearing of the candidates by the High Council of Justice of Georgia.

17. If the High Council of Justice of Georgia fails to nominate a candidate to the Parliament of Georgia, or a respective vacancy of a judge of the Supreme Court cannot be filled after the application of all the appropriate statutory procedures, or if the number of members of the High Council of Justice of Georgia that is sufficient for the positive resolution of an appropriate matter fails to participate in a respective voting to be held by the High Council of Justice of Georgia due to any effective restriction provided for by 34³(12) and (13) of this Law, the procedure for selecting a respective candidate shall commence from the beginning, within one month.

18. A candidate, who has failed to receive the number of votes of the Members of the Parliament of Georgia required, may be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court only twice within the powers of one and the same convocation of Parliament.

Organic Law of Georgia No 4526 of 1 May 2019 – website, 2.5.2019

Organic Law of Georgia No 7205 of 30 September 2020 – website, 5.10.2020

Organic Law of Georgia No 447 of 1 April 2021 – website, 1.4.2021

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 34² – Search of information on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court

1. To assess candidates to be elected to the position of a judge of the Supreme Court objectively and comprehensively, an appropriate structural unit of the High Council of Justice of Georgia provided for by Article 36⁴(5) of this Law shall, upon completion of their registration, commence searching of reliable information on the candidates, under the procedure established by this Law.

2. When searching information on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court, an authorised structural unit of the High Council of Justice of Georgia shall thoroughly examine their professional reputation and activities, verify the accuracy of information submitted by the candidates, and information with regard to criminal prosecution/disciplinary prosecution and/or administrative proceedings against them in the past.

3. Information on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court acquired under this article shall be used for assessing the candidates by members of the High Council of Justice of Georgia. A member of the High Council of Justice of Georgia may, when voting, consider the information acquired on a candidate to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court.

4. The High Council of Justice of Georgia shall send to the Parliament of Georgia the recommendation for the nomination of a candidate for judge of the Supreme Court for election. Along with the recommendation, an application under Article 34¹(3) of this Law and the enclosed documents, as well as the data acquired on the basis of the information acquired by the High Council of Justice of Georgia on the aforementioned candidate shall be sent to the Parliament of Georgia. The data acquired as a result of the information search, which are related to the human health, are confidential and they may not be disclosed in any form whatsoever. The aforementioned recommendation must include information regarding a candidate selection procedure and general information on a candidate.

5. An appropriate structural unit of the High Council of Justice of Georgia may, when searching information, under this article, on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court, contact the recommenders, previous employers and colleagues, the administration and academic staff of respective education institutions of the candidates, and the agencies where information on previous criminal conviction of the candidates, on their participation in administrative and disciplinary disputes and on their commission of violations may be retained. To acquire the information, the appropriate structural unit of the High Council of Justice of Georgia shall present to an appropriate person a written consent of the candidate to searching/verification of his/her personal information.

6.  An authorised structural unit of the High Council of Justice of Georgia shall use a standard form of recommendation and a special questionnaire for searching information on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court. An authorised structural unit of the High Council of Justice of Georgia may, as an exception, ask additional questions to an information provider and/or verbally communicate with an information provider to obtain information, which must be drawn up in a written form and approved by the signature of the information provider.

7. Any action and/or communication carried out in order to search information on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court must be evidenced in a unified summary protocol.

8. Information on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court acquired in violation of the procedure established by this article shall not be considered when making a respective decision.

9. Upon submitting to members of the High Council of Justice of Georgia the results of searching information on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court, the Council shall notify the candidates about completion of the information search and ensure accessibility of the information available at the Council to each candidate. After the information search results become accessible to a candidate, he/she may, within two working days, apply to the High Council of Justice of Georgia in writing, submit additional information and/or appropriately annul the data acquired about him/her. A candidate may also, at any time after the voting is completed, familiarise himself/herself with the information. The source of the information shall be confidential. A candidate shall familiarise himself/herself with the information at a place designated by the High Council of Justice of Georgia for this purpose.

10. Information acquired on candidates to be nominated to the Parliament of Georgia for election to the position of a judge of the Supreme Court shall be sealed and retained at a secure place designated by the High Council of Justice of Georgia for this purpose for at least one year.

Organic Law of Georgia No 4526 of 1 May 2019 – website, 2.5.2019

Organic Law of Georgia No 7205 of 30 September 2020 – website, 5.10.2020

 

Article 34³ – Appealing the decree of the High Council of Justice of Georgia passed during the selection process of the candidates to be nominated to the Parliament of Georgia for the election to the position of a judge of the Supreme Court, and the recommendation of the Council

1. A candidate participating in the selection process of candidates for the election to the position of a judge of the Supreme Court to be nominated to the Parliament of Georgia shall have the right to appeal the decree of the High Council of Justice of Georgia passed in accordance with Article 34¹(12) of this Law, or the recommendation of the High Council of Justice of Georgia provided for by Article 34¹(13) or (15) of this Law to the Chamber of Qualification of the Supreme Court if he/she has participated at the respective stage of the candidate selection as defined by the same paragraph and considers that:

a) a member of the High Council of Justice of Georgia was biased during the candidate selection process;

b) the attitude of a member of the High Council of Justice of Georgia during the candidate selection process was discriminatory;

c) a member of the High Council of Justice of Georgia has exceeded the powers vested in him/her by the legislation of Georgia, which has resulted in violation of the candidate’s rights;

d) the information, which has served as a basis for this decree/recommendation, is substantially false and the candidate has presented the appropriate evidence in proof of it;

e) the candidate selection process was conducted in violation of the procedure established by the legislation of Georgia, which could have a substantial effect on the final result.

2. The appeal shall be filed with the High Council of Justice of Georgia within one week after the decree of the High Council of Justice of Georgia provided for by Article 34¹(12) of this Law, or the recommendation of the High Council of Justice of Georgia provided for by Article 34¹(13) or (15) of this Law is published on the Council’s webpage. The High Council of Justice of Georgia shall immediately forward the received appeal to the Chamber of Qualification of the Supreme Court. If the aforementioned appeal is filed with the High Council of Justice of Georgia, the procedure defined by Article 34¹ of this Law shall be suspended at a respective stage until the Chamber of Qualification of the Supreme Court makes the decision.

3. State fees shall not be paid on the appeal.

4. The following must be specified in the appeal:

a) the title of the Chamber of Qualification of the Supreme Court;

b) the name, surname and address of the person filing the appeal, and the name and address of the opposite party;

c) the exact title of the appealed decree/recommendation and the name of the body that has passed the decree/recommendation;

d) the ground for appealing the decree/recommendation provided for by paragraph 1 of this article, and the facts and evidence proving the existence of this ground;

e) the list of the written materials attached to the appeal;

f) the signature of the person filing the appeal.

5. All the evidence specified in the appeal must be attached to it. If the appeal is filed by a representative of the author of the appeal, a proxy must be attached to it to prove that the representative of the author of the appeal is authorised to file the appeal.

6. The Chamber of Qualification of the Supreme Court shall check whether the appeal is filed by the candidate having the right to file an appeal and whether it complies with the requirements of paragraphs 4 and 5 of this article. If the appeal is filed by the candidate having the right to file an appeal and it complies with the requirements of paragraphs 4 and 5 of this article, the Chamber of Qualification of the Supreme Court shall admit the appeal. If the appeal is filed by the candidate having the right to file an appeal and it fails to comply with the requirements of paragraphs 4 and 5 of this article, the Chamber of Qualification of the Supreme Court shall order the author of the appeal to correct the defect and shall fix a reasonable time limit to do it, but not more than 2 days. If the defect is not corrected within the said time limit, or the appeal is not filed by the candidate having the right to file an appeal or the statutory time limit for filing the appeal is violated, the appeal shall be dismissed. The Chamber of Qualification of the Supreme Court shall decide on the issue of admissibility of the appeal without an oral hearing.

7. After the appeal is admitted, the appeal and copies of the materials attached to it shall be sent to the opposite party. The Chamber of Qualification of the Supreme Court may consolidate two or more than two appeals into one proceeding for joint consideration.

8. The Chamber of Qualification of the Supreme Court shall consider the appeal within 2 weeks after it is forwarded to it by the High Council of Justice of Georgia. The Chamber of Qualification of the Supreme Court shall, by a ruling on admitting the appeal for consideration, set the time for oral hearing of the case and shall notify the parties within one day after the ruling is delivered. The Chamber of Qualification of the Supreme Court shall ensure that the parties/participants are invited to participate in the session of the Chamber of Qualification.

9. The High Council of Justice of Georgia shall appoint its representative for participation in the consideration of the appeal by the Chamber of Qualification of the Supreme Court.

10. The Chamber of Qualification of the Supreme Court shall, as a result of the case consideration, make one of the following decisions:

a) on upholding the decree/recommendation of the High Council of Justice of Georgia;

b) on revoking the decree/recommendation of the High Council of Justice of Georgia and remanding the case for a new review.

11. The establishment of a ground for appealing the decree/recommendation provided for by paragraph 1 of this article by the Chamber of Qualification of the Supreme Court may serve as a ground for revoking the decree/recommendation of the High Council of Justice of Georgia only if the Chamber of Qualification considers that the respective violation has affected the final result and has caused the High Council of Justice of Georgia to pass an essentially incorrect decree/recommendation.

12. If the Chamber of Qualification of the Supreme Court makes the decision to revoke the decree of the High Council of Justice of Georgia provided for by Article 34¹(12) of this Law and to remand the case for a new review, the High Council of Justice of Georgia shall pass a new decree under the same article. In addition, if the Chamber of Qualification of the Supreme Court establishes, by its above decision, that any member of the High Council of Justice of Georgia has committed any of the acts provided for by Paragraph 1(a)-(c) of this article, it shall be deemed that all the evaluation results of all the candidates made by all members of the High Council of Justice of Georgia with regard to the respective position of a judge of the Supreme Court have been cancelled and the members of the High Council of Justice of Georgia shall re-evaluate the said candidates under Article 34¹(11) of this Law. A member of the High Council of Justice of Georgia, whose commission of any of the acts provided for by Paragraph 1(a)-(c) of this article has been established by the Chamber of Qualification of the Supreme Court by its above decision, shall not participate in the re-evaluation. This very member of the High Council of Justice of Georgia shall not participate in the procedure provided for by 34¹(12) of this Law conducted in order to fill the respective vacancy of a judge of the Supreme Court, either. When re-evaluating a candidate, the members of the High Council of Justice of Georgia shall consider the decision of the Chamber of Qualification of the Supreme Court.

13. If the Chamber of Qualification of the Supreme Court makes the decision to revoke the recommendation of the High Council of Justice of Georgia provided for by Article 34¹(13)/Article 34¹(15) of this Law and to remand the case for a new review, the High Council of Justice of Georgia shall adopt a new recommendation under the same article. A member of the High Council of Justice of Georgia shall not participate in any voting held in order to adopt the recommendation if the Chamber of Qualification of the Supreme Court has established, by its above decision, that this member of the High Council of Justice of Georgia has committed any of the acts provided for by Paragraph 1(a)-(c) of this article. When adopting a new recommendation of the High Council of Justice of Georgia, the members of the Council shall consider the decision of the Chamber of Qualification of the Supreme Court.

13¹. The new decree/new recommendation of the High Council of Justice of Georgia may be appealed within 3 business days after it is published on the Council’s webpage, under the procedure established by this article. The Chamber of Qualification of the Supreme Court shall review the appeal within one week after the appeal has been transferred to it by the High Council of Justice of Georgia, under the procedure established by this article.

13². The right to appeal the decree/recommendation of the High Council of Justice of Georgia provided for by this article, considering the periods set by this article for filing an appeal, shall be effective at each respective stage of the selection of a candidate/candidates for judge of the Supreme Court until the Chamber of Qualification of the Supreme Court makes the decision to uphold the decree/recommendation of the High Council of Justice of Georgia.

14. (Deleted – 1.4.2021, No 447).

Organic Law of Georgia No 7205 of 30 September 2020 – website, 5.10.2020

Organic Law of Georgia No 447 of 1 April 2021 – website, 1.4.2021

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 35 – Procedure for holding the vacant positions of judges of a district (city) and a court of appeals

1. A person shall be appointed to a vacant position of a judge of a district (city) or a court of appeals for a term of 3 years, and where so provided for by this Law, he/she shall be appointed to the said position for an unlimited term.

2. The High Council of Justice of Georgia shall, not later than 3 months before the position of a judge of a district (city) court or a court of appeals becomes vacant and not later than 1 month after the said position becomes vacant, announce a competition through the official gazette of Georgia and its official webpage and shall follow the appropriate procedure for appointing a judge to a vacant position of a judge of the said court. The High Council of Justice of Georgia shall communicate the respective information to the public broadcaster and to at least 2 national broadcasters.

3. The High Council of Justice of Georgia shall appoint a judge to a vacant position of a judge of a district (city) court or a court of appeals on the basis of the decision made by at least two thirds of a majority of the total number of its members, under the procedure established by the legislation of Georgia. When appointing a judge on competition basis, the High Council of Justice of Georgia shall follow the procedure established by the legislation of Georgia for selecting a candidate to be nominated to the Parliament of Georgia for the election to a judge of the Supreme Court. When evaluating a contestant candidate for judge with judicial experience (except for an active or former member of the Constitutional Court or Supreme Court of Georgia) under Article 35¹ of this Law by the good faith and competence criteria, five cases considered by him/her with summary/final judgments delivered on which have become legally effective (including at least two cases (if any) with summary/final judgments delivered on which have been revoked/partially revoked by a superior court) must be assessed. The cases to be assessed shall be picked by adhering to the principle of random selection. The purpose of examining a case/judgement shall be to evaluate the level of knowledge of a candidate for judge in substantive and procedural laws, the human rights law (including the European Court of Human Rights’ case law), correctness of application of relevant legal norms in the decisions he/she has made, reasonableness and certainty of the judgement, the ability of a judge to think analytically, the ability to express an opinion clearly and explicitly, to judge and analyse logically. When examining a case/judgement, the character and graveness of a legal error made in the judgement revoked/partially revoked by a superior court shall also be assessed.

4. If a candidate for judge fails to hold a respective vacant position of a judge, at least 3 members of the High Council of Justice of Georgia shall have the right, after completion of voting, with the consent of this candidate, to refer to the Council that he/she put the said candidate to the vote again for appointing him/her to any vacant position remaining within the current competition. The High Council of Justice of Georgia shall make the decision to hold repeated voting by a majority of the members attending its session. The repeated voting shall be held under a general procedure. In addition, a candidate for judge must meet all the appropriate requirements set by Article 34 of this Law that are necessary for the appointment to the vacant position of a judge (including the requirements regarding the citizenship, legal capacity, age, education, work experience in the profession, and command of the state language of Georgia) for the appointment to which he/she has been put to the vote again.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1052 of 16 June 2017 – website, 27.6.2017

Organic Law of Georgia No 447 of 16 June 2017 – website, 27.6.2017

Organic Law of Georgia No 2282 of 1 December 2022 – website, 15.12.2022

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 35¹ – Criteria for assessing a candidate for judge and a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of three years, their characteristics and assessment system

1. A candidate for judge and a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years shall be assessed according to two basic criteria – good faith and competence criteria.

 

2. The characteristics of a good faith criterion shall be:

a) personal good faith, and professional conscience;

b) independence, impartiality and fairness;

c) personal and professional behaviour;

d) personal and professional reputation;

e) financial liability – only when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years.

3. The characteristics of a competence criterion shall be:

a) knowledge of legal norms;

b) ability of legal substantiation and competence;

c) writing and verbal communication skills – only when assessing a candidate for judge without judicial experience;

d) writing skill – only when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years;

e) verbal communication skill – only when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years;

f) professional qualities – only when assessing a candidate for judge without judicial experience;

g) professional qualities (including the conduct in a courtroom) – only when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years;

h) academic achievements and professional training;

i) professional activity.

4. When assessing a person by the personal good faith and professional conscience characteristic, consideration shall be given to his/her, as a judge’s (when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years), as well as a citizen’s honesty, good faith, consciousness corresponding to duties and responsibility, transparency, accuracy and precision when performing official or other duties, financial or other liabilities (for example, when completing the property status declaration for an official, when paying a bank or other debts, paying utility or other fees, paying a fine for violating traffic regulations), etc., and when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years, consideration shall also be given to his/her love of truth.

5. When assessing a person by the independence, impartiality and fairness characteristic, consideration shall be given to his/her adherence to principles, independent decision-making skills and resistance to influence, firmness, inviolability, etc., and when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years, consideration shall also be given to his/her impartiality by political or other signs, and fairness.

6. When assessing a person by the personal and professional behaviour characteristic, consideration shall be given to his/her ethics in interacting with colleagues and other individuals, self-possession, ability to manage own emotions, disputes in a court to which he/she has been a party, whether there is a criminal charge against him/her, etc., and when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years, consideration shall also be given to his/her adherence to judicial ethics, behaviour and image corresponding to the high rank of a judge, behaviour during administrative proceedings against him/her.

7. When assessing a person by the personal and professional reputation characteristic, consideration shall be given to his/her business and moral reputation and authority among legal professionals and community, the character and quality of interacting with legal professionals, etc.

8. When assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years by the financial liability characteristic, consideration shall be given to information on his/her source of income, assets, property in his/her ownership and/or use and the debt and the liability corresponding to this property and income. The financial liability of a person shall be verified in order to evaluate whether there is a ground for a conflict of his/her property interests with those of justice, which can endanger his/her impartiality.

9. When evaluating a person by the characteristic of knowledge of legal norms, consideration shall be given to his/her level of knowledge in substantive and procedural laws, the human rights law (including the European Court of Human Rights’ case law). In order to assess a candidate for judge without judicial experience by this characteristic, the High Council of Justice of Georgia shall have the right to make a request for the results of a judicial qualification examination he/she has passed, and the assessment by the Independent Board of the High School of Justice. To assess a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years by the said characteristic, a person making the assessment shall consider the correctness of application of the legal norms (including the European Court of Human Rights’ case law) in the decisions made with regard to the cases he/she has heard. To assess the candidate for judge with judicial experience, or the judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years by the above characteristic, a person making the assessment shall make a request for the results of a judicial qualification examination he/she has passed, and the assessment by the Independent Board of the High School of Justice.

10. When assessing a person by the characteristic of ability of legal substantiation and competence, consideration shall be given to his/her analytical thinking ability and professional experience, and when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years, consideration shall also be given to the reasonableness and certainty of the decisions made with regard to the cases he/she has heard.

11. When assessing a person by the writing skills characteristic, and, consideration shall be given to his/her ability to convey an opinion in writing clearly and explicitly, to judge and analyse logically. When assessing a person by the characteristic of verbal communication skills, consideration shall be given to his/her ability to speak coherently, openness, capability of listening to a dissenting opinion, etc.

12. When assessing a candidate for judge without judicial experience by the characteristic of professional qualities, consideration shall be given to his/her punctuality, diligence, ability to think independently, ability to work in a stressful situation, purposefulness, managerial skills, etc. When assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years by the characteristic of professional qualities (including conduct in a courtroom), consideration shall be given to his/her punctuality, preparation of a case by him/her properly and responsibly, his/her conduct in a courtroom and ability to hold a court session appropriately, behaviour in interacting with the parties, diligence and industriousness, the ability to make a decision without assistance, and to think independently, the ability to work under stress, purposefulness, efficiency and quickness, adherence to procedural time frames, managerial skills, etc.

13. When assessing a person by the characteristic of academic achievements and professional training, consideration shall be given to his/her openness to novelties, self-development skills, office work culture, interest in obtaining new knowledge and skills, participation in professional training programmes, application of the knowledge and skills obtained in practical activities, etc.

14. When assessing a person by the characteristic of professional activity, consideration shall be given to his/her ability to take initiative, suggesting ideas and making proposals, his/her scientific and other publications, his/her merits to the legal profession and community, etc., and when assessing a candidate for judge with judicial experience, or a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years, consideration shall also be given to his/her participation in various discussions on matters regarding the legal system and justice, the expression of his/her own viewpoints and opinions openly and freely.

15. When assessing a candidate for judge or a judge of a district (city) court or a court of appeals for a term of 3 years by the good faith criterion, consideration shall be given to the relevant characteristics of the good faith criterion defined by this article. By analysing and collating the said characteristics, a person making the assessment shall give one of the following opinions:

a) the candidate for judge/the judge of a district (city) court or a court of appeals for a term of 3 years has failed to meet the good faith criterion;

b) the candidate for judge/the judge of a district (city) court or a court of appeals for a term of 3 years has met the good faith criterion;

c) the candidate for judge/the judge of a district (city) court or a court of appeals for a term of 3 years has fully met the good faith criterion.

16. The assessment of a candidate for judge without judicial experience by the competence criterion shall be performed using points, according to the relevant characteristics of the competence criterion defined by paragraphs 3(a-c), f, h and i, and paragraphs 9-14 of this article. Based on the importance of the said characteristics, the maximum quantities of points to be earned according to each characteristic shall be different from one another and shall be determined as follows:

a) knowledge of legal norms – 25 points;

b) ability of legal substantiation and competence – 25 points;

c) writing and verbal communication skills – 20 points;

d) professional qualities – 15 points;

e) academic achievements and professional training – 10 points;

f) professional activity – 5 points.

17. A candidate for judge with judicial experience or a judge of a district (city) court or a court of appeals for a term of 3 years shall be assessed by the competence criterion by points, according to the relevant characteristics of the competence criterion defined by paragraphs 3(a, b, d, e and g-i), and paragraphs 9-14 of this article. Based on the importance of the said characteristics, the maximum quantities of points to be earned according to each characteristic shall be different from one another and shall be determined as follows:

a) knowledge of legal norms – 20 points;

b) ability of legal substantiation and competence – 20 points;

c) writing skills – 20 points;

d) verbal communication skills – 15 points;

e) professional qualities (including conduct in a courtroom) – 15 points;

f) academic achievements and professional training – 5 points;

g) professional activity – 5 points.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 35² – (Deleted)

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 35³ – Conflicts of interest

1. At the time of conducting a competition for holding a vacancy of a judge, a candidate for judge may, based on a substantiated motion, make a request for challenging a member of the High Council of Justice of Georgia if there is a conflict of interest, in particular a circumstance that casts doubts on the objectivity, independence and impartiality of this member of the High Council of Justice. If a member of the High Council of Justice of Georgia is a family member of a candidate for judge, his/her relative of a direct ascending or descending line, sister, brother, a step son/daughter of a parent or child, a sister, a brother or a parent of the spouse, he/she does not participate in the competition procedure for holding a vacancy of a judge.

2. If there is a conflict of interest, a member of the High Council of Justice of Georgia shall make a statement about it in advance, and shall refuse to participate in making a decision on the issue of appointing a respective candidate for judge to the position of a judge.

3. A member of the High Council of Justice of Georgia may not participate in the procedures of a competition for holding a vacancy of a judge as a member of the High Council of Justice of Georgia if he/she himself/herself participates in the competition for holding this vacancy of a judge.

4. Decision on challenging a member of the High Council of Justice of Georgia shall be made by the High Council of Justice of Georgia by the majority of votes. A member of the Council the issue of challenging of whom is being considered shall not be put to vote.

5. The rules provided for by this article shall also be valid when the matter of promoting a judge, or the issue of his/her disciplinary liability is decided by the High Council of Justice of Georgia, or when electing a member of the High Council of Justice to the Independent Council of the High School of Justice, the Prosecutors’ Council, the Public Service Council or to another agency determined by law, and when receiving a decree of the High Council of Justice with regard to another issue. The rule related to the conflicts of interest shall not apply to a decree of the High Council of Justice of Georgia that does not refer to a group of persons defined by names.

6. A member of the High Council of Justice of Georgia may not be challenged due to the opinion he/she has expressed in relation to an abstractly defined group of persons.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 35⁴ – (Deleted)

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 36 – Appointing a judge to the position for an unlimited term

1. (Deleted – 13.6.2023, No 3129).

2. A judge of the Supreme Court shall be elected, upon recommendation of the High Council of Justice of Georgia, by the Parliament of Georgia by a majority of the total number of members for an unlimited term until reaching the age determined by this Law.

3. The same candidate may be nominated to the Parliament of Georgia for election to the office of member of the Supreme Court only twice.

4. A judge shall be appointed to the position of a judge of a district (city) court or a court of appeals by the High Council of Justice of Georgia for an unlimited term, until he/she achieves the age determined by this Law, by the decision made by at least two thirds of a majority of the total number of its members, under this Law.

4¹. The High Council of Justice of Georgia shall,  not earlier than two months before and not later than one month after the term of powers of a judge appointed to the position of a judge of a district (city) court or a court of appeals for a term of 3 years expires, by analysing the monitoring results provided for by paragraph 4⁴ of this article, discuss and make a decision on whether to appoint the judge to the position for an unlimited term. The 3-year term of assignment of a judge to the position shall not apply to a current or former member of the Constitutional Court or the Supreme Court of Georgia, and a current or former member of the Court of Appeals or a district (city) court if he/she has at least 3-years’ experience of working as a judge and 10 years have not passed since the judicial powers of a former judge were terminated. The said judge shall be appointed to the position for an unlimited term if they pass an appropriate competition successfully, and obtain the required number of votes from members of the High Council of Justice of Georgia (at least two-thirds of the total number of members of the High Council of Justice of Georgia). If an active judge, who is appointed to the position for a 10-year term, is refused to be appointed to the position for an unlimited term, he/she shall carry on with exercising judicial powers within his/her remaining term of the powers.

4². A member of the High Council of Justice of Georgia, who has participated in the voting on the appointment of a judge by the High Council of Justice of Georgia to the position of a judge of a district (city) court or a court of appeals for an unlimited term, shall submit the written substantiation of his/her decision made during the voting to the Secretary of the High Council of Justice of Georgia upon completion of voting. The voting results, the decision of the High Council of Justice of Georgia, decisions made by the members of the High Council of Justice of Georgia during voting and the substantiations of the decisions shall be published on the Council’s webpage. A member of the High Council of Justice of Georgia shall have the right to submit to the High Council of Justice of Georgia his/her dissenting opinion in writing after the said voting. The opinion shall be published on the Council’s webpage. If the High Council of Justice of Georgia makes the decision to appoint a judge to the position for an unlimited term, the judge shall be appointed to the position for an unlimited term until he/she achieves the age determined by this Law.

4³. Judicial powers of a judge, in relation to whom the decision on the appointment to the position of a judge for an unlimited term is not made, shall be terminated after his/her three-year term of office expires, under the procedure established by this Law, and his/her position shall be considered as vacant and a competition for holding it shall be announced. That judge shall not participate in a competition announced for holding the vacant position of a judge within the next three years.

4⁴. In order to evaluate the activity of a judge assigned to the position for a three-year term, after one year and after two years of his/her assignment to the position, also four months before expiration of the three-year term of office of a judge, the High Council of Justice of Georgia shall select, by lot, one judge member and one non-judge member of the High Council of Justice of Georgia (‘the evaluators’). The evaluators shall evaluate the activity of the judge for the given period within two months, independently from each other. After the drawing of lots, the judge to be assessed shall be immediately notified of the identity of the evaluators. The above six assessments shall be performed by different Evaluators. The judge to be assessed shall have access to the reports of each period of assessment as prescribed under Article 36⁴(9) of this Law. These reports shall be submitted for examination to members of the High Council of Justice of Georgia two months before the three-year term of office of the judge expires.

4⁵. A judge may request in a substantiated motion that the evaluator(s) tasked with the assessment of his/her activity for the given period be recused on the grounds of conflict of interest, in particular, if there are grounds for questioning the objectivity, independence and/or impartiality of this/these evaluator(s). The High Council of Justice of Georgia shall make a decision on the recusal of the evaluator by a majority of votes. The evaluator whose recusal is under discussion may not participate in the voting. If there is a conflict of interest, the evaluator shall be obliged to recuse himself/herself and shall not participate in the assessment.

5. If the judge reaches the age defined in Article 43(1)(g) of this Law or his/her tenure expires before a trial commenced with the participation of the judge completes, the judge’s powers, under decision of the High Council of Justice of Georgia, may be prolonged until the judge or the judicial panel or the chamber, of which the judge is a member, makes the final decision on the case. During the period of prolongation of the judge’s powers, he/she may not be appointed (elected) as the chairperson/acting chairperson of a court, deputy chairperson/acting deputy chairperson of a court, chairperson/acting chairperson of a judicial panel or chamber. If the judge, whose powers have been prolonged, is the chairperson/acting chairperson of a court, deputy chairperson/acting deputy chairperson of a court, chairperson/acting chairperson of a judicial panel or chamber at the time of reaching the age defined in Article 43(1)(g) of this Law or expiring his/her tenure, the powers of the chairperson/acting chairperson of a court, deputy chairperson/acting deputy chairperson of a court, chairperson/acting chairperson of a judicial panel or chamber shall be ceased after the judge reaches the above age or his/her tenure expires, despite the prolongation of the judge’s powers.

6. If the judge is appointed to office in another court, until his/her powers as a judge in the new office commence, he/she may not be recused from hearing a case that was tried by him/her when he/she was appointed to another court.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 2726 of 30 October 2014 – website, 6.11.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Judgement No 3/1/659 of the Constitutional Court of Georgia of 15 February 2017 – website, 21.2.2017

Organic Law of Georgia No 1052 of 16 June 2017 – website, 27.6.2017

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 4526 of 1 May 2019 – website, 2.5.2019

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 36¹ – ^– Purpose and principles for assessing a judge’s activity

1. The purpose of the assessment of a judge’s activity is to ensure the exercise of independent and qualified justice by means of selecting a worthy, qualified and honest candidate to be appointed indefinitely as a judge.

2. The activity of a judge shall be assessed in an objective, honest and unbiased manner.

3. Upon taking a 3-year term of office, the judge shall be notified of the assessment procedure and the circumstances that shall be taken into consideration when assessing the judge based on individual criteria, and when making a decision on his/her unlimited appointment as a judge.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

 

Article 36² – (Deleted)

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 36³ – (Deleted)

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 1913 of 18 October 2022 – website, 24.10.2022

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 36⁴ – Procedure for assessing a judge’s activity

1. The evaluators shall assess the activity of a judge concurrently and independently from each other. The evaluators may not disclose to each other the information and assessment results obtained during the assessment.

2. The evaluator may carry out appropriate judicial assessment activities based on the criteria determined by law at any time within the two-months period provided for the evaluation of the activity of a judge; he/she may examine cases, attend court hearings chaired by the judge to be assessed, upon request obtain audio and video recordings of the court hearings conducted both during and before the assessment period, search for necessary information in the manner prescribed by Law, apply to representatives of legal circles for legal consultation, personally meet the judge to be assessed, and other persons, and interview them in order to obtain information on specific issues. The evaluator may not ask the judge such questions that by their content can be considered as equivalent to requesting a report on an individual case. Information not related to the assessment of a judge based on the criteria determined by this Law may not be sought for. The information obtained may only be used for purposes defined under this Law. The method of obtaining information shall not interfere with the independence of the judge to be assessed.

3. When assessing a judge’s activity for a given period, the evaluators shall, concurrently and independently from each other, examine one and the same at least five cases reviewed by the judge, on which summary/final decisions have entered into force, including, at least, two cases on which the summary/final decisions have been overturned/modified (if any) by a higher instance court (if any). The cases to be examined shall be selected randomly. The purpose of the examination of a case/decision is to assess the level of knowledge of substantive and procedural legislation, human rights law, including case law of the European Court of Human Rights, the correctness of application of appropriate legal norms with respect to the decisions made by the judge, the substantiation and cogency of court decisions, analytical skills of the judge, ability to communicate his/her ideas clearly and lucidly, ability of logical reasoning and analysis. When assessing a case/decision, the nature and gravity of legal errors made in the decision overturned/modified by a higher instance court shall also be evaluated.

4. The result of the assessment of the cases specified in the third paragraph of this article may not serve as grounds for revising the decisions made by the judge in those cases, and for instituting disciplinary proceedings against the judge.

5. To facilitate complete performance of the procedure for evaluating a judge, a relevant structural unit shall be established at the High Council of Justice of Georgia. The personnel of this structural unit shall provide technical assistance to an evaluator and carry out some of his/her assignments in order to obtain the information required for assessing a judge based on a specific criterion. This structural unit shall also exercise other powers provided for by this Law.

6. A judge whose activity is being assessed may notify in writing the High Council of Justice of Georgia of an alleged abuse of power by the evaluator. If, after having studied the circumstances of the case, the High Council of Justice of Georgia concludes that the evaluator exceeded his/her powers provided by the legislation of Georgia, it shall assign, by lot, the duty of assessment to another member of the High Council of Justice of Georgia, or take other actions in order to eliminate and prevent the abuse of power.

7. When assessing a judge based on the good faith criterion, consideration shall be given to the relevant characteristics of the good faith criterion defined by Article 35¹ of this Law. Based on the analysis and collation of the said characteristics, the person making the assessment shall give one of the opinions provided for by Article 35¹(15) of this Law.

8. A judge shall be assessed using the competence criterion by points, according to the relevant characteristics of the competence criterion defined by Article 35¹(3)(a, b, d, e and g-i) and Article 35¹(9-14) of this Law. Based on the significance of the said characteristics, the maximum quantities of the points to be earned according to each of the characteristics are different from one another and shall be determined by Article 35¹(17) of this Law.

9. Upon completion of each period of assessment, a judicial assessment report shall be submitted to the High Council of Justice of Georgia in a sealed format. To analyse the results of the assessment provided in these reports, the judge under evaluation, may, once each period of assessment is over, read the reports at the location designated for this purpose by the High Council of Justice of Georgia. The materials may not be removed from the premises. After the judge reads the reports, they shall be sealed and enclosed in his/her personal files.

10. A judicial assessment report shall include:

a) a conclusion that provides an appropriate description of and grounds for the results obtained on the basis of each characteristic of both assessment criteria;

b) a form completed according to a sample approved by the High Council of Justice of Georgia that incorporates the conclusions drawn, according to the seventh paragraph of this article, from the assessment of a judge based on the good faith criterion, and the number of the points gained by a judge for each characteristic of the competence criteria;

c) all written documents and other materials which were used for the assessment of a judge’s activity for the given period.

11. The assessment data on a judge shall be confidential until his/her three-year term of office expires. None of the members of the High Council of Justice of Georgia or employees of the respective structural unit may disclose the assessment results.

12. The High Council of Justice of Georgia shall analyse the results of all assessments it has performed during the three-year term of office of a judge. To sum up the assessment points gained by a judge with respect to the competence criteria, calculation shall be made of the total sum of the points gained by the judge in the six evaluations held during three periods of assessment based on the characteristics of the competence criteria, after which a calculation shall be made of the percentage of this sum in relation to the maximum available points determined for the competence criteria.

13. If, when assessing a judge based on the good faith criterion, more than half of the evaluators consider that the judge fails to meet the good faith criterion, and/or the sum of the points gained by the judge based on competence criteria does not make up 70% of the maximally available points, the Chairperson of the High Council of Justice of Georgia shall issue a legal act on the refusal by the High Council of Justice of Georgia to review the unlimited appointment of the judge to office. This act may be appealed to the High Council of Justice of Georgia on the grounds provided in Article 36⁵(1)(a-e) of this Law within one week after its submission to the judge.

14. Following the review of the appeal specified in paragraph 13 of this article, the High Council of Justice of Georgia shall, by an open ballot, and by the two-thirds majority of the full composition, make the decision to revoke the legal act of the Chairperson of the High Council of Justice of Georgia and conduct an interview with the judge.

15. The establishment of the grounds under Article 36⁵(1) of this Article by the High Council of Justice of Georgia may serve as the basis for cancelling a legal act of the Chairperson of the High Council of Justice of Georgia only if the High Council of Justice of Georgia considers that the infringement in question affected the final result of the assessment and resulted in a substantively wrong decision.

16. If the High Council of Justice of Georgia fails to make the decision under paragraph 14 of this article, an appealed legal act shall not be appealed again.

17. If the High Council of Justice of Georgia makes the decision under paragraph 14 of this article, it shall conduct an interview with the judge and make the decision under the procedure established by paragraphs 19 and 20 of this article. If, following an interview with the judge, the High Council of Justice of Georgia makes the decision to refuse to assign the judge to the position indefinitely, this decision shall be appealed under the procedure established by Article 36⁵ of this Law.

18. A judge who was refused to be appointed to office indefinitely may request that the results of the assessment are not made public. In this case, the results of the assessment shall be sealed and enclosed in the personal files of the judge, and shall be opened only during the competition in which the judge participates, in the manner established by law, in order to reassume judicial office.

19. If, when assessing a judge based on the good faith criterion, three or more evaluators consider that the judge meets or fully meets the good faith criterion, and the sum of the points gained by the judge based on the competence criteria is at least 70% of the maximally available points, the High Council of Justice of Georgia shall interview the judge and listen to his/her opinion on the results of the assessment. The judge may submit to the High Council of Justice of Georgia his/her opinion on the results of the assessment also in writing, as well as submit an oral and/or written self-assessment, which means that the judge shall submit to the High Council of Justice of Georgia the analysis of, what he/she considers to be the most successful and most unsuccessful decision(s), as well as mistakes made when adopting decisions over the past three years of judicial activity. To obtain information on the issues related to the assessment, the High Council of Justice of Georgia shall hear the evaluators.

20. Based on the analysis of the assessment results and the interview with the judge, the High Council of Justice of Georgia shall hold a discussion under Article 36(4¹) of this Law and make a decision by at least two-thirds of the total number of its members and by an open ballot on the appointment of a judge to the position for an unlimited term until he/she achieves the age determined by this Law. If less than two-thirds of the total number of members of the High Council of Justice of Georgia votes for the appointment of a judge to the position for an unlimited term, the High Council of Justice of Georgia shall make the decision to refuse to appoint the judge to the position for an unlimited term. Immediately after the decision is made, a copy of the decision of the High Council of Justice of Georgia on the appointment of/refusal to appoint a judge to office indefinitely, along with a dissenting opinion or substantiations of the members of the High Council of Justice of Georgia shall be submitted to the judge concerned.

21. If a judge is indefinitely appointed to office, the judicial assessment reports shall be made public and any person may request them under Chapter III of the General Administrative Code of Georgia.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 36⁵ – Appealing decisions of the High Council of Justice of Georgia

1. A judge may appeal the decision of the High Council of Justice of Georgia on the refusal to appoint him/her to office indefinitely to the Chamber of Qualification of the Supreme Court, if he/she considers that:

a) the evaluator, during the assessment, or a member (members) of the High Council of Justice of Georgia, during the interview, was (were) biased;

b) the attitude of the evaluator during the assessment or of a member (members) of the High Council of Justice of Georgia during the interview was discriminatory;

c) the evaluator exceeded his/her powers granted under the legislation of Georgia that violated the rights of the judge to be assessed, or put the independence of the court at risk;

d) the information upon which the assessment was based, is substantively wrong, which can be proven by appropriate evidence provided by the judge under evaluation;

e) the assessment was not performed in compliance with the procedure determined by the legislation of Georgia, which could have substantively affected the final result.

2. The appeal shall be filed with the High Council of Justice of Georgia within two weeks after the decision of the High Council of Justice of Georgia has been delivered to the judge. Within three days after receiving the appeal, the High Council of Justice of Georgia shall forward the appeal to the Chamber of Qualification of the Supreme Court along with enclosed materials.

3. The judge shall appeal the decision of the High Council of Justice of Georgia in person or through his/her advocate or other representative.

4. State fees shall not be imposed on the appeal filed against a decision of the High Council of Justice of Georgia on the refusal to appoint a judge to office indefinitely.

5. The appeal shall include:

a) the title of the Chamber of Qualification;

b) the name and address of the appellant, and name and address of the opposing party;

c) the exact title of the decision appealed, and name of the body which made the decision;

d) the reference to the grounds for appeal specified in the first paragraph of this article, also to the facts and evidence that prove the existence of those grounds;

e) a list of written materials enclosed with the appeal;

f) the signature of the appellant.

6. All evidence referred to in the appeal shall be enclosed with the appeal. If an appeal has been filed by a representative, a power of attorney confirming the authority of the representative to file the appeal shall be enclosed with the appeal.

7. Within five days after receiving the appeal, the Chamber of Qualification of the Supreme Court shall check whether it has been filed pursuant to the requirements of the fifth and sixth paragraphs of this article. If the appeal meets the requirements of the fifth and sixth paragraphs of this article, the Chamber of Qualification shall admit it for hearing. If the appeal fails to meet the requirements of paragraphs 5 and 6 of this article, the Chamber of Qualification shall instruct the applicant to correct the deficiency and shall allow a reasonable period for this purpose, but not more than five days. If the deficiency has not been corrected within this period, or the deadline determined by law for filing an appeal has not been met, the appeal shall be dismissed without hearing. The Chamber of Qualification shall decide on the admissibility of the appeal without an oral hearing.

8. After the appeal has been admitted for hearing, copies of the appeal and of the enclosed materials shall be furnished to the opposing party. The Chamber of Qualification may set a time for the opposing party to respond to the appeal in writing.

9. The Chamber of Qualification of the Supreme Court shall review the appeal within one month after admitting it for hearing. The Chamber of Qualification shall determine the time for an oral hearing of the case in the ruling on admitting the appeal for hearing. It shall notify the parties about it within three days after the ruling has been made. The Chamber of Qualification shall make arrangements for inviting the parties/participants to participate in the sitting of the Chamber of Qualification.

10. The High Council of Justice of Georgia shall appoint its representative to participate in the hearing of the appeal at the Chamber of Qualification of the Supreme Court.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

 

Article 36⁶ – Hearing and decision of a case by the Chamber of Qualification of the Supreme Court

1. An appeal shall be heard orally at an open hearing of the Chamber of Qualification of the Supreme Court. Judicial assessment reports shall be public during the review of the appeal.

2. The sitting of the Chamber of Qualification shall be presided over by the Chairperson of the Chamber of Qualification or by a member of the Chamber of Qualification designated by the Chairperson.

3. The chairperson of the hearing of the Chamber of Qualification shall open the hearing and announce the case to be reviewed. The secretary of the Chamber of Qualification shall report to the members of the hearing on who, from the invited persons, appeared for the hearing, also on whether the persons who failed to appear were notified of the hearing, and on the reasons for their absence. The Chamber of Qualification shall ascertain the identity of the attendees and verify the powers of the representatives.

4. The Chairperson of the Chamber of Qualification shall explain to the parties and their representatives their rights and obligations. The chairperson of the hearing shall announce the composition of the Chamber of Qualification, the secretary of the hearing, and explain to the parties that they may ask for recusal if there are grounds for recusal under the procedural legislation of Georgia.

5. The Chairperson of the Chamber of Qualification shall ask the parties whether they intend to file a motion, or make an announcement that they were not able to do before the hearing.

6. Participants of the trial shall be obliged to keep order and obey the instructions of the chairperson of the hearing of the Chamber of Qualification. If the order is violated, the chairperson of the hearing shall give a warning to the violator.

7. A case hearing shall start with a report on the case by the chairperson of the hearing of the Chamber of Qualification that must be based on the case materials. After the chairperson of the hearing finishes the report, he/she shall give the floor to the parties to provide statements.

8. The appellant/his/her representative shall be the first to provide statements. In particular, he/she shall specify his/her claims, the circumstances upon which those claims are based, the evidence supporting those circumstances, whether or not he/she still supports those claims, and whether or not he/she intends to withdraw the appeal, etc.

9. After listening to the appellant/his/her representative, the Chamber of Qualification shall hear the statements of the opposing party/his/her representative on whether or not he/she acknowledges the appeal, etc.

10. If only one party appears at the hearing of the Chamber of Qualification, the Chamber shall hear statements from that party.

11. With the permission of the chairperson of the hearing of the Chamber of Qualification, each party may put questions to the opposing party and its representative. If a question is not relevant to the subject of the hearing and does not tend to examine and establish the details of the case, the chairperson of the hearing may disallow this question at the request of the party or on his/her own initiative.

12. A member of the Chamber of Qualification may put questions to the parties that will help completely and clearly establish the circumstances that are essential to the solution of the case, and determine the validity of those circumstances.

13. Oral arguments shall consist of statements by the parties and their representatives. The floor shall be given first to the appellant and his/her representative, then to the opposing party and his/her representative.

14. After hearing each participant of the oral arguments, the chairperson of the hearing of the Chamber of Qualification shall allow the parties to present their rebuttal arguments.

15. After oral arguments are over, the Chamber of Qualification shall retire to the deliberation room to make a decision, notifying the parties accordingly.

16. After returning from the deliberation room, the chairperson of the hearing of the Chamber of Qualification shall announce the decision made and explain its grounds, and then declare the sitting closed.

17. Minutes shall be drawn up at the hearing of the Chamber of Qualification that shall be signed by the chairperson and secretary of the hearing.

18. The Chamber of Qualification shall make a decision by a majority of votes. Members of the Chamber of Qualification may not refrain from voting during the decision-making process.

19. The decision of the Chamber of Qualification shall include the contents of the decision of the High Council of Justice of Georgia, the contents of the appeal filed, results of the review of the case at the Chamber of Qualification, and the essence and justification of the decision made by the Chamber of Qualification.

20. The Chamber of Qualification shall make one of the following decisions:

a) not to modify the decision of the High Council of Justice of Georgia on the refusal to appoint a judge to office indefinitely;

b) to overturn the decision of the High Council of Justice of Georgia on the refusal to appoint a judge to office indefinitely; it shall also make a decision on resubmitting the case for a repeat hearing.

21. The establishment of the grounds provided for in Article 36⁵(1) of this Law by the Chamber of Qualification may become a basis for overturning the decision of the High Council of Justice of Georgia only if the Chamber of Qualification considers that the infringement affected the final outcome and resulted in the High Council of Justice of Georgia making a substantively wrong decision.

22. A decision made by the Chamber of Qualification shall be drawn up in writing and shall be signed by the members of the Chamber of Qualification. A copy of the decision shall be furnished to the parties.

23. A decision of the Chamber of Qualification of the Supreme Court shall be final and may not be appealed.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

 

Article 36⁷ – Consequences of the decision of the Chamber of Qualification of the Supreme Court

1. If the Chamber of Qualification of the Supreme Court overturns the decision of the High Council of Justice of Georgia and makes a decision to resubmit the case for a repeat hearing, the High Council of Justice of Georgia shall, taking into consideration the decision of the Chamber of Qualification, reconsider the appointment of the judge to office indefinitely, and within two weeks of receiving the copy of the Chamber of Qualification’s decision shall make a decision, under Article 36⁴(20) of this Law, on whether to appoint the judge to office indefinitely.

2. A repeat decision of the High Council of Justice of Georgia on the refusal to appoint a judge to office indefinitely shall be appealed in compliance with the procedure determined by this Law for the appeal of the decision of the High Council of Justice of Georgia on the refusal to appoint a judge to office indefinitely.

3. If the High Council of Justice of Georgia makes a decision to appoint a judge to office indefinitely, the judge shall be deemed appointed to office indefinitely as soon as the High Council of Justice of Georgia makes this decision.

4. If a decision of the High Council of Justice of Georgia on the refusal to appoint a judge to office indefinitely is appealed, the position of the judge shall be considered vacant and a competition will be announced to fill the position after the Chamber of Qualification of the Supreme Court leaves the decision of the High Council of Justice of Georgia unmodified or after the High Council of Justice of Georgia issues a repeat decision on the refusal to appoint a judge to office indefinitely in the case where the Chamber of Qualification of the Supreme Court overturns the decision of the High Council of Justice of Georgia or makes a decision on resubmitting the case for a repeat hearing.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

 

Article 36⁸ – Liability for unlawful interference in the activities of evaluators

Unlawful interference in the activities of evaluators shall not be allowed and it shall incur penalties as determined under the Criminal Code of Georgia.

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

 

Article 37 – Procedure for appointing a judge as a judge of another court without competition

1. When there is a vacancy, a judge appointed to the position may be appointed with his/her consent as a judge of a district (city) court or a court of appeals without competition. If a judge has not been appointed to the position indefinitely, he/she shall be appointed without competition as a judge of a district (city) court or a court of appeals within his/her tenure.

2. A judge of a district (city) court shall be appointed without competition as a judge of a court of appeals if he/she meets the requirements under Article 41 of this Law.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 37¹ – Procedure for imposing powers on another judge/sending a judge on secondment to another court

1. If necessary, when it is caused by the lack of judges at a district (city) court or a court of appeals, and/or by the steep increase of the number of cases to be considered and/or in an exceptional case, when it is necessary for proper administration of justice because of another objective circumstance, the High Council of Justice of Georgia shall submit a proposal for exercising judicial powers to judges of other courts. If, within 5 days after the said proposal is submitted, any of the judges expresses consent, the High Council of Justice of Georgia shall make the decision to send this judge on secondment to another court (including from the court of appeals to a district (city) court or from a district (city) court to the court of appeals) for a period defined by the High Council of Justice of Georgia. In addition, this rule shall not apply if a judge refers to the High Council of Justice of Georgia at his/her own initiative for sending him/her on secondment to another court.

2. If a judge cannot be selected under the procedure established by paragraph 1 of this article, the High Council of Justice of Georgia may, without the judge’s consent, make the decision to send the judge on secondment to another court (including from the Court of Appeals to a district (city) court or from a district (city) court to the court of appeals) for not more than 2 years of secondment. The period of secondment may be extended, without the judge’s consent, by not more than one year. In addition, the High Council of Justice of Georgia must, through its decision, prove the existence of the circumstance provided for by the first sentence of paragraph 1 of this article that has made it necessary to send the judge on secondment to another court or to extend the period of secondment without his/her consent.

3. The same judge may be sent on secondment to another court without his/her consent only once during ten years. After the appropriate grounds are eliminated, the secondment shall be terminated earlier than the fixed period.

4. The decision made by the High Council of Justice of Georgia under the procedure established by this article may be appealed by the seconded judge only once to the Chamber of Qualification of the Supreme Court within 7 days after this decision is served. Proceedings shall be conducted in the Chamber of Qualification under the procedure established by Articles 36 ^{​ 5}   and 36 ^{​ 6}   of this Law.

5. A judge sent on secondment to another court shall be paid a monthly business trip increment to the official salary. The amount of the increment shall be defined by the High Council of Justice of Georgia. The amount of the increment must not be less than 10 % of the official salary amount of the judge sent on secondment to another court. When a judge of a district (city) court is sent on secondment to another district (city) court, the sum of the amount of the said increment and the official monthly salary amount of the judge sent on secondment to that court must not exceed the amount of the official monthly salary of a judge of a court of appeals.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 38 – Oath of a judge

1. Before starting to exercise his/her powers, the chairperson of the Supreme Court or a member of the Supreme Court, if elected to the office of judge for the first time or his/her powers as a judge had been terminated before he/she was elected to the office of Supreme Court judge, also the judges of a court of appeals and district (city) court being appointed to office for the first time, shall take a solemn oath before holding the office.

2. The chairperson of the Supreme Court and members of the Supreme Court shall take an oath before the Parliament of Georgia and judges of a court of appeals and district (city) court – before the High Council of Justice of Georgia.

3. The text of the oath of a judge shall be approved by the High Council of Justice of Georgia.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

 

Article 39 – Incompatibility with the judge’s office

A judge’s office shall be incompatible with any office and paid activity except as determined by the Constitution of Georgia. A judge cannot be a member of a political association or engage in political activity.

 

Article 40 – Immunity of judges

1. A judge shall be inviolable. It shall be impermissible to bring criminal proceedings against a judge, arrest or detain him/her, search his/her place of residence or work, and car, or to conduct a personal search without consent of the High Council of Justice of Georgia. An exception shall be his/her catching on the scene of crime to be immediately notified to the High Council of Justice of Georgia. If the High Council of Justice of Georgia refuses to give its consent, the judge whose liberty has been restricted shall immediately be released. The decision on giving consent shall be made by the High Council of Justice of Georgia by a majority of two-thirds of the total number of members.

2. The State shall ensure the security of judges and their families.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 41 – Promotion of a judge

1. A judge of a district (city) court may be appointed in the Court of Appeals if he/she has exercised judicial powers in a district (city) court during at least five years. The High Council of Justice of Georgia shall establish criteria for promotion of a judge.

2. (Deleted – 8.2.2017, No 255).

3. Judges shall be assessed against promotion criteria by the High Council of Justice of Georgia.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Chapter VI – Dismissal (Termination of Powers) of Judges; Liability of Judges

 

Article 42 – Dismissal of a judge

1. The chairperson of the Supreme Court and a judge of the Supreme Court may only be dismissed by way of impeachment.

2. At least one third of the total number of members of the Parliament of Georgia may raise an issue of dismissing the chairperson of the Supreme Court and a judge of the Supreme Court on the grounds of violating the Constitution of Georgia and/or presence of elements of crime in the action. The Parliament of Georgia may, after an appropriate report of the Constitutional Court of Georgia is received, dismiss the chairperson of the Supreme Court and a judge of the Supreme Court by a majority of the total number of members.

3. Judges of a court of appeals and a district (city) court shall be dismissed by the High Council of Justice of Georgia by a majority of two-thirds of the total number of members.

Organic Law of Georgia No 192 of 28 December 2012 – website, 30.12.2012

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 43 – Grounds for discharging a judge, chairperson of the Supreme Court and member of the Supreme Court

1. The grounds for discharging a judge, chairperson of the Supreme Court and member of the Supreme Court shall be:

a) a personal application;

b) committing disciplinary misconduct;

c) (Deleted – 8.2.2017, No 255);

d) being recognised by court as having limited competence or as a beneficiary of support, unless otherwise determined under court decision;

e) termination of Georgian citizenship;

f) entry into force of a final judgment of conviction against him/her;

g) reaching the age of 65;

h) committing a corruption offence provided for by Article 20(6) of the Law of Georgia on the Fight against Corruption;

i) death;

j) liquidation of the court, redundancy of the judge’s office;

k) appointment (election) to another court;

l) appointment (election) to another agency;

m) expiration of tenure.

2. The recommendation of the Disciplinary Panel shall be necessary for a case under paragraph 1(b) of this article.

2¹. Paragraph 1(b) and (h) of this article may not serve as the ground for termination of the powers of the chairperson of the Supreme Court and a judge of the Supreme Court.

2². Paragraph 1(j) of this article may not serve as the ground for dismissal of a judge appointed to the position for an unlimited term.

3. The High Council of Justice of Georgia may discharge a judge if he/she has been unable to discharge his/her duty for more than four months in the last 12 months and there is a relevant medical certificate showing that he/she won’t be able to discharge his/her duties in the future, either.

Organic Law of Georgia No 5920 of 27 March 2012 – website, 19.4.2012

Organic Law of Georgia No 3397 of 20 March 2015 – website, 31.3.2015

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 2228 of 30 November 2022 – website, 15.12.2022

 

Article 44 – Appointing a judge to another judicial office and discharging a judge upon liquidation of court or redundancy of the office of the judge

1. If the court is liquidated or the judge’s office is made redundant, a judge may be assigned, by his/her prior written agreement, according to the procedures determined by the legislation of Georgia, to discharge the duty of a corresponding or lower court. If the judge has been appointed to office for a specific term, he/she may be assigned to discharge the duty of the corresponding or lower court only during his/her judicial tenure.

2. If a judge refuses to discharge the duty of a judge on the ground and according to the procedure provided in the first paragraph of this article or if he/she is not assigned the duty of a judge of another court, the judge shall be discharged from office, and by his/her prior written consent and according to the procedure determined by the legislation of Georgia, shall be transferred to the reserve. If the judge has been appointed to office for a specific term, he/she shall be in the reserve until his/her judicial tenure expires.

3. A judge discharged according to the procedure determined by the second paragraph of this article but not removed from the reserve shall receive a salary in an amount determined by the legislation of Georgia while in the reserve. A judge in the reserve shall retain the right to receive a salary for three years after having been transferred to the reserve. The judge may be assigned the duty of a judge of another court with his/her prior written consent and according to the procedures determined by the legislation of Georgia. In such case, the judge shall be deemed to have been removed the reserve during the period of his/her assigned judicial duty. If the judge has been appointed to office for a specific term, he/she may be assigned to discharge the duty of another court only within his/her judicial tenure.

4. A judge shall be struck from the reserve if he/she holds an office incompatible with that of a judge in the period of receiving a salary or by his/her personal application.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

 

Article 45 – Recusal of a judge from case hearings

1. The High Council of Justice of Georgia may, on the basis of a reasoned motion of the Independent Inspector of the High Council of Justice of Georgia, apply to the Disciplinary Panel of Georgian General Court Judges with a recommendation to make a decision on recusal of a judge of a district (city) court or a court of appeals from case hearings if criminal prosecution has been initiated against the judge and the High Council of Justice of Georgia, following the voting, by a decision of a majority of the total number of members, on the basis of the sum of mutually compatible and cogent evidence, considers that it can hinder the criminal proceedings concerned if a judge remains on his/her respective position.

2. The High Council of Justice of Georgia shall, upon making the decision on application to the Disciplinary Panel of Georgian General Court Judges with recommendation, if supported by a majority of the total number of members, appoint a representative who will participate in the proceedings regarding the consideration of the recommendation by the Disciplinary Panel of Georgian General Court Judges, and if the decision of the Disciplinary Panel of Georgian General Court Judges is appealed, the aforementioned representative will participate in the proceedings regarding the consideration of the appeal by the Disciplinary Chamber of the Supreme Court of Georgia.

3. The Disciplinary Panel of Georgian General Court Judges shall consider the recommendation of the High Council of Justice of Georgia within a period of 10 business days after receiving it, under the general procedure established by this Law. The failure of a party to the case to appear at the consideration of the recommendation of the High Council of Justice of Georgia shall not impede the consideration of the recommendation of the High Council of Justice of Georgia and making of the decision.

4. If the Disciplinary Panel of Georgian General Court Judges supports the recommendation of the High Council of Justice of Georgia and considers that there is a sum of mutually compatible and cogent evidence, which is sufficient to believe to a high degree that it can hinder the criminal proceedings concerned if a judge remains on his/her respective position, the Disciplinary Panel of Georgian General Court Judges shall make a decision on the recusal of a judge from case hearing until the criminal proceedings concerned are finally completed. Otherwise, the Disciplinary Panel of Georgian General Court Judges shall make a decision on the refusal to grant the recommendation of the High Council of Justice of Georgia.

5. The decision made by the Disciplinary Panel of Georgian General Court Judges regarding the recommendation of the High Council of Justice of Georgia may be appealed to the Disciplinary Chamber of the Supreme Court by a party to the case within a period of 10 business days. This period may not be restored or extended. The appeal must be submitted to the Disciplinary Panel of Georgian General Court Judges. The Chairperson of the Disciplinary Panel of Georgian General Court Judges shall, within 2 business days after the appeal is received, submit the case along with the appeal to the Disciplinary Chamber of the Supreme Court and shall notify the parties to the case thereof.

6. The Disciplinary Chamber of the Supreme Court shall consider the appeal under the general procedure established by this Law, based on the following different procedural time limits:

a) the Disciplinary Chamber of the Supreme Court shall, within a period of 2 business days after the appeal is received, check whether the appeal has been filed in compliance with the requirements of Article 75⁵⁵ of this Law. If the appeal complies with the requirements of the aforementioned article, the Disciplinary Chamber of the Supreme Court shall admit it;

b) if the appeal fails to comply with the requirements of Article 75⁵⁵ of this Law, the Disciplinary Chamber of the Supreme Court shall order the person who has submitted the appeal to eliminate the error and it shall allow a time limit for this of not more than 3 business days. If the error is not eliminated within this period of time, or if the appeal is not filed within the statutory time limit, the appeal shall be dismissed;

c) the Disciplinary Chamber of the Supreme Court shall consider the appeal within 10 business days after it is admitted. The appeal may be considered by oral hearing if, in the opinion of the Disciplinary Chamber of the Supreme Court, it facilitates the delivery of a legitimate and substantiated decision. In addition, the failure of a party to the case to appear at the oral hearing of the appeal shall not impede the consideration of the case and the delivery of the decision.

7. Powers of the judge shall be suspended during the validity period of the decision on the recusal of the judge from case hearings. In addition, during this period, the judge shall retain the rights provided for by Article 40 of this Law, the salary and other material privileges.

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 46 – (Deleted)

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Chapter VII – The High Council of Justice of Georgia

 

Article 47 – The High Council of Justice of Georgia

1. The High Council of Justice of Georgia shall be created to ensure the independence of courts (judges) and the quality and effectiveness of justice, to appoint and dismiss judges, to organise judicial qualification examinations, to formulate proposals towards implementing a judicial reform, and to accomplish other objectives determined by law.

1¹. The High Council of Justice of Georgia shall be accountable to the Conference of Judges of Georgia. The chairperson of the High Council of Justice of Georgia shall submit to the Conference of Judges of Georgia an annual activity report of the High Council of Justice, which is published on the webpage of the High Council of Justice of Georgia. The annual report under this paragraph shall be approved by the High Council of Justice of Georgia by a majority of at least two-thirds of the total number of members of the High Council of Justice of Georgia.

2. The High Council of Justice of Georgia shall consist of 15 members. Eight members of the High Council of Justice of Georgia, out of which at least one member represents a court of each instance, shall be elected by a self-governing body of judges of the general courts of Georgia under the procedure established by this Law. Five members shall be elected by the Parliament of Georgia, and one member shall be appointed by the President of Georgia. The chairperson of the Supreme Court shall, by virtue of his/her position, be a member of the full staff of the High Council of Justice of Georgia.

2¹. The chairperson of the High Council of Justice of Georgia shall be elected from among judge members of the High Council of Justice of Georgia for a 4-year term but for not more than his/her term of office as of a member of the High Council of Justice of Georgia, by the High Council of Justice of Georgia by a majority of the total number of members. At least one fifth of the members of the High Council of Justice of Georgia shall have the right to nominate a candidate for chairperson of the High Council of Justice of Georgia. All candidates for chairperson of the High Council of Justice of Georgia shall be voted for together. A member of the High Council of Justice of Georgia may vote only for one candidate. If the chairperson of the High Council of Justice of Georgia is not elected, his/her election procedure shall be repeatedly conducted not later than 5 working days after the voting.

3. More than half of the members of the High Council of Justice of Georgia shall be the members elected by the self-governing body of Georgian general court judges according to this Law.

4. General courts of Georgia shall be represented in the High Council of Justice of Georgia by the chairperson of the Supreme Court and eight members elected by the Conference of Judges of Georgia, including the Secretary of the High Council of Justice of Georgia. A member elected by the Conference of Judges of Georgia shall only be a general court judge. A member elected by the Conference of Judges of Georgia may not be a judge assigned to the position for a three-year term (except when he/she has at least five years’ experience of working as a judge), a member of the Chamber of Disciplinary Cases or the Chamber of Qualification of the Supreme Court. More than a half of the members elected by the Conference of Judges of Georgia may not be the chairperson of a court, his/her first deputy or a deputy, or the chairperson of a judicial panel or a chamber.

5. The Parliament of Georgia shall elect five members of the High Council of Justice of Georgia on a competition basis, by a majority of three-fifths of the total number of members, under the procedure established by the Rules of Procedure of the Parliament of Georgia. Candidates for membership of the High Council of Justice of Georgia shall be selected from among the professors and scholars working in higher education institutions of Georgia, members of the Bar Association of Georgia and/or the persons nominated by non-entrepreneurial (non-commercial) legal entities of Georgia, upon recommendation of a collegial management body of the organisation concerned. One of the fields of activity of the above non-entrepreneurial (non-commercial) legal entities shall be, for at least the last two years before the announcement of the competition, participation with representative authority in court proceedings. Each of the organisations mentioned above may present a maximum of three candidates for membership of the High Council of Justice of Georgia to the Parliament of Georgia. No member of the Parliament of Georgia, judge or prosecutor may be nominated as candidate for membership of the High Council of Justice of Georgia. The procedure and a time-limit for nominating candidates for membership of the High Council of Justice of Georgia, determining their compliance with the requirements under this paragraph and paragraph 6 of this article, for reviewing the nominees and presenting them to the plenary session of the Parliament of Georgia shall be determined by the Rules of Procedure of the Parliament of Georgia.

6. The Parliament of Georgia may elect a Georgian citizen as a member of the High Council of Justice of Georgia, who has a higher legal education with a master’s or equal academic degree/higher education diploma, at least 10 years of working experience in the legal specialty, excellent reputation and who is a recognised specialist in the field of law. A candidate’s prior consent shall be required for his/her election to the High Council of Justice of Georgia.

7. (Deleted – 6.12.2018, No 3903).  

8. (Deleted – 6.12.2018, No 3903).

9. (Deleted – 6.12.2018, No 3903).

10. (Deleted – 6.12.2018, No 3903).

11. (Deleted – 6.12.2018, No 3903).

11¹. The President of Georgia appoints a member of the High Council of Justice of Georgia by competition not earlier than one month and not later than one week before the term of office of the relevant member of the High Council of Justice of Georgia expires, and if the powers of the member are terminated – not later than one month after such termination. In the first case, candidates are presented to the President of Georgia within 10 days from the 30^th day before the expiry of the term of office of the member of the High Council of Justice of Georgia and in the second case – within 10 days after the termination of the powers of such member. The Administration of the President shall publish the information about the competition on the official webpage and through mass media. The organisation nominating a candidate to the High Council of Justice of Georgia and the candidate shall meet the relevant requirements under the fifth and sixth paragraphs of this article. The organisation may present not more than one nominee to the President of Georgia.

12. The term of office of a member of the High Council of Justice of Georgia shall be 4 years. A member of the High Council of Justice of Georgia may not discharge his/her duty after the expiry of his/her term of office. A member of the High Council of Justice of Georgia must be elected not earlier than 30 calendar days before the expiry of the term of office of a respective member of the High Council of Justice of Georgia holding the office, and if the powers of a member of the High Council of Justice of Georgia are prematurely terminated, a member of the High Council of Justice of Georgia must be elected not earlier than 10 calendar days after the day his/her powers were prematurely terminated. A competition for electing a member of the High Council of Justice of Georgia to be elected by the Parliament of Georgia shall be announced not earlier than 3 months before and not later than 2 months after the expiry of powers of a respective member of the High Council of Justice of Georgia holding the office, and if the powers of a member of the High Council of Justice of Georgia are prematurely terminated, the said competition shall be announced not later than 1 month after the day his/her powers were prematurely terminated. More than 4 judicial members of the High Council of Justice of Georgia may not be elected during any of the 6-month period. The Parliament of Georgia may not elect more than 4 members of the High Council of Justice of Georgia during any of the 6-month period.

13. A member of the High Council of Justice of Georgia appointed by the President of Georgia/elected by the Parliament of Georgia may not hold any other office in public service, be engage in business, directly exercise the powers of a member of the permanent management, supervisory, controlling, audit or advisory body of such entity, or engage in any paid activity other than scientific, pedagogical or creative activity. He/she may not be a member of a political association and/or take part in political activity.

14. In order for a judge member of the High Council of Justice of Georgia to effectively discharge his/her duties, the High Council of Justice of Georgia may pay him/her salary increments, while a member of the High Council of Justice of Georgia appointed by the President of Georgia/elected by the Parliament of Georgia shall be paid remuneration in the amount of the salary of a judge of a court of appeals. The measures under this article shall be financed within the limits of the budgetary allocations to the High Council of Justice of Georgia.

15. Meetings of the High Council of Justice of Georgia shall be convened when necessary, but at least once every three months, by the chairperson of the High Council of Justice of Georgia or the Secretary of the High Council of Justice of Georgia by his/her order. If the chairperson of the High Council of Justice of Georgia is unable to discharge his/her duties or, in any other case, where there is the necessity provided for by law to convene a meeting of the High Council of Justice of Georgia, the Secretary of the High Council of Justice of Georgia shall convene a meeting of the High Council of Justice of Georgia. The High Council of Justice meeting may also be convened by request of 1/3 of its members.

16. The chairperson of the High Council of Justice of Georgia shall chair the meetings of the High Council of Justice of Georgia, and the Secretary of the High Council of Justice of Georgia where so provided in paragraph 15 of this article.

16¹. A decision of the High Council of Justice of Georgia may be of individual or normative nature. A decree of the High Council of Justice of Georgia shall be an individual and legal act of the High Council of Justice of Georgia, while an ordinance of the High Council of Justice of Georgia shall be a normative act of the High Council of Justice of Georgia.

16². A decree issued by the High Council of Justice of Georgia must contain a written justification. The decree of the High Council of Justice of Georgia must include a legislative act or a subordinate legal act, or a respective provision thereof on the basis of which this decree was issued. A person, whose legitimate interest is directly and immediately affected by the decree of the High Council of Justice of Georgia, shall have the right to submit his/her opinion to the High Council of Justice before the aforementioned decree is issued.

17. The decisions of the High Council of Justice of Georgia shall be signed by the Secretary of the High Council of Justice of Georgia, except as provided for in paragraph eighteen of this article.

18. The decisions of the High Council of Justice of Georgia on appointing and dismissing judges, assigning the powers to another judge, assigning the powers of the chairperson of a court, judicial panel or chamber, also on assigning the powers of a judge or terminating the assigned powers in connection with the liquidation of a court or redundancy of the office of a judge shall be signed by the chairperson of the High Council of Justice of Georgia or, in his/her absence, by the Secretary of the High Council of Justice of Georgia.

Organic Law of Georgia No 5920 of 27 March 2012 – website, 19.4.2012

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1052 of 16 June 2017 – website, 27.6.2017

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3903 of 6 December 2018 – website, 14.12.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 6858 of 15 July 2020 – website, 28.7.2020

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

Organic Law of Georgia No 3666 of 15 November 2023 – website, 29.11.2023

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 48 – Grounds for terminating the powers of a member of the High Council of Justice of Georgia

1. The grounds for terminating the powers of a member of the High Council of Justice of Georgia shall be:

a) personal application;

b) transfer or election to another office by his/her consent;

c) recognition by court as having limited competence or as a beneficiary of support, unless otherwise determined under court decision;

d) entry into force of a final judgment of conviction against him/her;

e) termination of a Georgian citizenship;

f) expiry of the term of office determined by this Law;

g) death;

h) inability to discharge his/her powers for more than four months a year;

i) systematic non-fulfilment or improper fulfilment of duty;

j) holding an incompatible office or engaging in an incompatible activity;

k) being appointed or elected as a member by an unauthorised body or in violation of the procedure laid down by this Law.

2. A member of the High Council of Justice of Georgia shall be dismissed by the Parliament of Georgia, the Conference of Judges of Georgia, or the President of Georgia, respectively. If any of the circumstances referred to in paragraph 1(a-g) of this article is present, the Parliament of Georgia, the Conference of Judges of Georgia or the President of Georgia shall receive information on those circumstance as a notification, without making a decision; if any of the circumstances referred to in paragraph 1(h-m) of this article is present, the Parliament of Georgia, or the Conference of Judges of Georgia shall put to vote the decision on terminating the powers of a member of the High Council of Justice of Georgia, and the President of Georgia shall make the decision on terminating the powers of the member of the High Council of Justice of Georgia.

3. In addition to the grounds provided in the first paragraph of this article, a judge member of the High Council of Justice of Georgia may be dismissed on the ground of his/her early dismissal (removal) from the office of a judge.

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 3397 of 20 March 2015 – website, 31.3.2015

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3903 of 6 December 2018 – website, 14.12.2018

 

Article 49 – Powers of the High Council of Justice of Georgia

1. The High Council of Justice of Georgia shall:

a) appoint and dismiss Georgian general court judges (other than the chairperson and members of the Supreme Court);

b) determine the composition of the Qualification Examination Commission;

c) determines the specialisation of judges of a court of appeals and a district (city) court;

d) approve the structure, job titles, staff list and salaries of the Office of the High Council of Justice of Georgia (except for the Office of the Independent Inspector of the High Council of Justice of Georgia), and the structure and staff size of the administrative office of Georgian general courts (except for the Supreme Court);

d¹) lay down procedure for the payment of business trip expenses of the High Council of Justice members appointed by the President of Georgia/elected by the Parliament of Georgia;

e) prepare and approve the procedure for the organisational work of Georgian general courts;

e¹) approve the procedure for internship in the High Council of Justice of Georgia, district (city) courts and courts of appeals;

e²) approve the procedure for the appraisal of employees of the offices of the High Council of Justice of Georgia, district (city) courts and courts of appeals;

f) review materials related to judicial statistics analysis;

g) conduct disciplinary proceedings against Georgian general court judges in the prescribed manner and within the scope of its powers;

h) hear the report of the chairperson of the Department of General Courts;

i) make decisions on giving incentives to judges in the manner prescribed by law;

j) formulate proposals for judicial reform;

j¹) elect, under Article 10 of the Law of Georgia on Legal Aid, one member from among its non-judge members to nominate him/her to the Legal Aid Council;

j²) elect, under Article 19(4) of the Law of Georgia on Public Service, two members of the Public Service Council from among the general court judges;

j³) approve judicial mediation programme/programmes;

J⁴) approve the procedure for remunerating the mediator’s activities;

j⁵) exercise powers provided for by the Code of Children’s Rights;

j⁶) ensure access to proceedings for persons with disabilities and shall, for this purpose, work out standards and methodology for working with parties to proceedings that have disabilities, which will provide for the specificity of judicial proceedings of this category;

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

2. The rules of procedure of the High Council of Justice of Georgia shall be determined under regulations approved by a two-thirds majority of the full membership of the High Council of Justice of Georgia.

3. The Office of the High Council of Justice of Georgia shall be formed to provide organisational and technical support to the High Council of Justice of Georgia.

4. Decisions made by the High Council of Justice of Georgia, information on changes in the composition of the High Council of Justice, protocols of the Council meetings and other information with regard to the Council’s activity, including statistical information on the opinions submitted by the Independent Inspector of the High Council of Justice of Georgia (‘the Independent Inspector’), and statistical information on instituting disciplinary prosecution and imposing disciplinary liability by the Council, as well as information about the competition for holding a vacancy of a judge and its results shall be posted on the webpage of the High Council of Justice of Georgia. The High Council of Justice of Georgia shall, on the basis of an appropriate request, immediately ensure that the audio-recording of a meeting be made available to an interested person. Information on the date of holding a meeting and on the agenda of the meeting shall be published on the webpage of the High Council Justice of Georgia at least three days prior to holding the meeting. A draft of a normative act of the High Council Justice of Georgia to be reviewed at the meeting shall be published on the webpage of the High Council Justice of Georgia at least seven days prior to holding the meeting.

Organic Law of Georgia No 4461 of 22 March 2011 – website, 1.4.2011

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 1789 of 13 December 2013 – website, 28.12.2013

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 2034 of 7 March 2018 – website, 29.3.2018

Organic Law of Georgia No 4963 of 18 September 2019 – website, 27.9.2019

Organic Law of Georgia No 5006 of 20 September 2019 – website, 27.9.2019

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 5906 of 21 May 2020 – website, 25.5.2020

Organic Law of Georgia No 6848 of 14 July 2020 – website, 28.7.2020

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 50 – Decision-making procedure of the High Council of Justice of Georgia

1. The High Council of Justice of Georgia may review a matter and make a decision if more than half of the full membership of the Council is present at its meeting.

1¹. The High Council of Justice of Georgia shall be authorised, not later than 3 months before the day the position of an official to be appointed/elected by it becomes vacant, or not later than 1 month after the day the powers of the same official are prematurely terminated, to commence and carry out, under the procedure established by this Law, the procedure for selecting a candidate for the appointment/election of a person to the said position.

2. A decision of the High Council of Justice of Georgia shall be deemed to have been adopted if it is supported by a majority of the members present, except as otherwise provided in the legislation of Georgia.

3. The decision of the High Council of Justice of Georgia to impose disciplinary liability on a judge shall be deemed adopted if supported by secret ballot by not less than 2/3 of the total number of members of the High Council of Justice of Georgia. The decision of the High Council of Justice of Georgia on another disciplinary matter shall be deemed adopted if supported by secret ballot by a majority of the total number of members of the High Council of Justice of Georgia.

4. The High Council of Justice of Georgia shall appoint a person as a judge if his/her nomination is supported by secret ballot by not less than 2/3 of the total number of members of the High Council of Justice of Georgia.

5. The High Council of Justice of Georgia shall make decisions by voting.

Organic Law of Georgia No 5920 of 27 March 2012 – website, 19.4.2012

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 50¹ – Procedure for electing members of the Legal Aid Council

1. The High Council of Justice of Georgia shall elect one member of the Legal Aid Council from among its non-judge members. A member of the High Council of Justice of Georgia who is present at the meeting may nominate a candidate. The member of the High Council of Justice of Georgia for the election of whom the voting is held shall not participate in the voting.

2. If a member of the Legal Aid Council cannot be elected after the voting, the nominated candidates shall be put to a repeat vote. The candidate with the highest number of votes but with at least 1/3 of the votes cast shall be deemed elected.

Organic Law of Georgia No 1789 of 13 December 2013 – website, 28.12.2013

 

Article 51 – Secretary of the High Council of Justice of Georgia

1. The Secretary of the High Council of Justice of Georgia shall be elected by the Conference of Judges of Georgia for a four-year term from among the members of the High Council of Justice of Georgia elected by the Conference. The Secretary of the High Council of Justice of Georgia may not at the same time hold the office of the chairperson of a court, his/her first deputy or deputy, or the chairperson of the judicial panel or chamber.

2. The Secretary of the High Council of Justice of Georgia shall exercise the powers under the third paragraph of this article in parallel with the judicial powers, free of charge.

3. The Secretary of the High Council of Justice of Georgia shall:

a) provide organisational and technical support to the High Council of Justice of Georgia;

b) administer the Office of the High Council of Justice of Georgia; make decisions on the appointment to the post (recruitment) and discharging from the post (dismissal from office) of public servants of the Office of the High Council of Justice of Georgia;

c) arrange meetings of the High Council of Justice of Georgia;

d) sign official documents within the scope of his/her powers;

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

Organic Law of Georgia No 5920 of 27 March 2012 – website, 19.4.2012

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 51¹ – The Office of the Independent Inspector of the High Council of Justice of Georgia

1. For the purpose of an objective, impartial and comprehensive investigation and preliminary examination of a disciplinary misconduct when this disciplinary misconduct is allegedly committed by a judge, the Office of the Independent Inspector shall be established at the High Council of Justice of Georgia to be administered by the Independent Inspector. The structure, staff list and official salaries of the personnel of the Office of the Independent Inspector shall be approved by the Independent Inspector within the scope of the budget appropriation defined for the Office of the Independent Inspector.

2. The Independent Inspector shall be elected by the High Council of Justice of Georgia for a five-year term, on competition basis, by a majority of the total number of members. The procedure for conducting the competition shall be determined by the Regulations of the High Council of Justice of Georgia. The Conference of Judges of Georgia shall be entitled to apply to the High Council of Justice of Georgia, by at least one third of the total number of members, when there is an appropriate ground, for dismissing the Independent Inspector.

2¹. The decision on dismissing the Independent Inspector shall be made by the High Council of Justice of Georgia by at least two thirds of the total number of members. The decision on dismissing the Independent Inspector may be appealed in court under the procedure and within time limits determined by law, unless otherwise provided for by this Law.

2². The decision of the High Council of Justice of Georgia on dismissing the Independent Inspector may be appealed, within 10 calendar days, in a respective district (city) court, which will consider the appeal within 30 calendar days. The decision of the district (city) court may be appealed, within 10 calendar days after it was made, in the court of appeals, which will consider the appeal within 30 calendar days. The decision of the court of appeals may be appealed, within 10 calendar days after it was made, in the Supreme Court, which will consider the appeal within 30 calendar days.

3. A citizen of Georgia who has higher legal education with a master’s or an equivalent academic degree/a diploma of higher education, at least 5 years’ experience of working in the specialty, and a high reputation.

4. The Independent Inspector may not hold any other office in civil service or a municipality body, conduct entrepreneurial activities, directly exercise powers of a member of an administrative, supervising, controlling, inspecting or consultative standing body, or conduct other paid activities, except for scientific, teaching and/or creative activities. He/she may not be a member of a political union of citizens, and/or participate in the political activity.

5. Based on the purposes of paragraph 1 of this article, powers of the Independent Inspector of the High Council of Justice of Georgia shall be determined under Chapter XIII ^{​ 1}  of this Law.

6. Grounds for terminating powers of the Independent Inspector shall be:

a) a personal application;

b) recognition as a person with limited legal capacity, or as a beneficiary of support by court, unless otherwise defined by court judgement;

c) entry into legal force of the court’s final judgement of conviction against him/her;

d) termination of Georgian citizenship;

e) expiry of the term of powers under this Law;

f) death;

g) inability to exercise this power during more than three months in a year;

h) systematic failure to fulfil duty;

i) gross violation of the rights of a judge and the author of an appeal, which has had material effect on the case result;

i¹) deliberate or grossly negligent disclosure of confidential information related to a disciplinary proceeding;

j) action which clearly violates the public order (for which an administrative penalty has been imposed on the Independent Inspector) and impairs the authority of the judiciary or affects the judicial credibility;

improper behaviour that discredit the Office of the Independent Inspector;

k) holding of a position or conducting of an activity incompatible with the position of the Independent Inspector.

7. If any of the circumstances referred to in paragraph 6(a-f) of this article is present, the High Council of Justice of Georgia shall receive information on such a circumstance as a notification, without making a decision, and if any of the circumstances referred to in subparagraphs (g-k) of the same paragraph is present, it shall put to vote the decision on terminating the powers of the Independent Inspector.

8. If any of the circumstances referred to in paragraph 6(g-k) of this article is present, at least one third of members of the High Council of Justice of Georgia shall have the right to request that the issue of dismissing the Independent Inspector be put to vote. Before voting, the High Council of Justice of Georgia shall hear explanations of the Independent Inspector and investigate the appropriate evidence. Members of the High Council of Justice of Georgia may express their opinions regarding the issue.

8¹. The official salary of the Independent Inspector shall be determined according to the remuneration of labour of a judge of the court of appeals.

9. The Independent Inspector shall have independent document management.

10. The Independent Inspector shall appoint employees of the Office of the Independent Inspector on competition basis, and shall dismiss them. The procedure for conducting this competition shall be determined under the Regulations of the High Council of Justice of Georgia.

11. Interference in the activity of the Independent Inspector in order to have an influence on a disciplinary proceeding shall be prohibited. The Independent Inspector shall notify the High Council of Justice of Georgia of such interference.

12. The Independent Inspector shall, upon request but at least once a year, submit a report on the activity (including on the complaints received and the related opinions) to the High Council of Justice of Georgia and to the Conference of Judges of Georgia. Information on the activity conducted by the Independent Inspector (including on the complaints received and the related opinions) shall be proactively published, at least once in 4 months, on the webpage of the Independent Inspector’s Office.

13. Operating expenses of the Independent Inspector’s Office may not be reduced, without the consent of the Independent Inspector, in comparison with the operating expenses for the previous year.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1052 of 16 June 2017 – website, 27.6.2017

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 52 – Qualification Examination Commission

1. To organise and conduct judicial qualification examination, the High Council of Justice of Georgia shall create the Qualification Examination Commission according to procedures contained in the Council regulations and approve the composition and regulations of the Commission.

2. The Qualification Examination Commission shall be created not earlier than 10 days before the judicial qualification examination and its composition may not be announced until the exam is finished.

 

Article 53 – Judicial qualification examination

1. Any Georgian citizen who has reached the age of 25 and has a higher legal education may take judicial qualification examination.

2. The High Council of Justice of Georgia shall determine the procedure for holding a judicial qualification examination, the qualification examination programme and the examination participation fee.

3. The qualification examination programme shall state that the exam be conducted in test format. After successfully passing the exam, a person takes a written examination. Tests and the written examination shall be taken in the following subjects:

a) Constitutional Court of Georgia;

b) Criminal Law;

c) Criminal Procedure;

d) Civil Law;

e) Civil Procedure;

f) Administrative Law;

g) Administrative Procedure;

h) International human rights acts and treaties and international agreements of Georgia.

4. The results of a judicial qualification examination shall become invalid if a person is not enrolled in the High School of Justice or is not elected to the office of a judge within ten years after passing the exam.

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Chapter VIII – Department of General Courts

 

Article 54 – Department of General Courts

1. The Legal Entity under Public Law – Department of General Courts of the High Council of Justice of Georgia (‘the Department of General Courts’) shall provide logistical support to Georgian general courts.

2. The High Council of Justice of Georgia shall exercise state control over the activity of the Department of General Courts.

3. The structure and rules of procedure of the Department of General Courts shall be defined under the Regulations of the Department of General Courts approved by the High Council of Justice of Georgia.

4. Working for the Department of General Courts shall be regarded as public service.

5. The chairperson and vice chairpersons of the Department of General Courts shall be appointed for three years and dismissed by the Secretary of the High Council of Justice of Georgia with the approval of the High Council of Justice of Georgia.

6. Decisions on the appointment to the post (recruitment) and discharging from the post (dismissal from office) of other employees of the Department of General Courts shall be made by the chairperson of the Department of General Courts;

7. The chairperson of the Department of General Courts shall be accountable to the High Council of Justice of Georgia.

8. The cost estimate, staff listing and payroll budget of the Department of General Courts shall be approved by the chairperson of the Department of General Courts in agreement with the High Council of Justice of Georgia.

9. The Department of General Courts shall be financed from the State Budget of Georgia and any other revenues determined by the legislation of Georgia.

10. The Department of General Courts shall have a seal bearing the National Coat of Arms of Georgia and an account with the State Treasury. The Department of General Courts may also have an account with a commercial bank, when so provided by the legislation of Georgia.

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

Organic Law of Georgia No 2943 of 12 December 2014 – website, 24.12.2014

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

 

Article 55 – Powers of the Department of General Courts

The Department of General Courts shall:

a) manage funds to support the activity of courts and their material and technical base;

b) provide the courts with adequate premises;

c) provide the courts with normative acts and other materials necessary for their activity;

d) audit the spending of financial and material resources by courts;

e) take other measures towards providing logistical support to the activity of the courts.

 

Chapter IX – Providing organisational support to the activity of courts

 

Article 56 – Administrative offices of courts, court managers

1. Administrative offices of courts shall operate in general courts to administer justice without delay, study and generalise judicial practice, analyse judicial statistics, and support any other activity of courts.

2. A court manager shall manage the administrative office of a court according to the legislation of Georgia, and if necessary, within the scope of powers defined by the chairperson of the court. The court manager shall, under the procedure determined by the legislation of Georgia, appoint and discharge employees of the office of court (except for the head of the Bailiffs Office, a court bailiff, assistant to the judge and a secretary of the court session).

3. The structure of the administrative office and the rules of procedure of the structural units of the Supreme Court shall be determined under the Regulations of the Administrative office of the Supreme Court approved by the Plenum of the Supreme Court.

4. The structure of administrative offices and the rules of procedure of structural units of district (city) courts and courts of appeals shall be determined under Regulations of the Administrative Office of the Supreme Court approved by the High Council of Justice of Georgia.

4¹. The availability of a structural unit oriented on the study of human rights law, including the case law of the European Court of Human Rights, must be provided for within the structure of the office of the court of appeals and the Supreme Court. The main function of the structural unit shall be the facilitation of the accessibility of the case law of the European Court of Human Rights to judges, periodic analysis of judgments of the European Court of Human Rights, and the performance of informational work and publishing activities in that regard.

5. Employees of administrative offices of courts are public servants. Employees and persons employed under labour contracts of the administrative offices of courts shall enjoy all the social guarantees afforded to employees and persons employed under labour contracts of the legislative authority and the executive authority respectively.

Organic Law of Georgia No 3523 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 286

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1913 of 18 October 2022 – website, 24.10.2022

 

Article 56¹ – The Department of Court Management of the High Council of Justice of Georgia

1. Administration of general courts of Georgia and supervision of their management shall be implemented by the Department of Court Management of the High Council of Justice of Georgia.

2. The Department of Court Management of the High Council of Justice of Georgia shall:

a) examine information related to the case-flow management in general courts, case load and case hearing indicators in general courts, the need for sending judges on secondment, information related to the quality of files management and providing service to citizens, and shall submit recommendations to the High Council of Justice of Georgia and the respective general courts;

b) oversee the operation of the electronic files management programme, and shall submit recommendations to the High Council of Justice of Georgia for its improvement;

c) supervise the efficient and targeted use of resources of general courts, and for this purpose, shall coordinate activities of the Department of General Courts and the general courts;

d) study the managerial experience in both private and public sectors, as well as the international experience of court management, facilitate the introduction of managerial culture into general courts, in co-operation with the High School of Justice, contribute to the improvement of managerial skills of the chairpersons of general courts, court managers and other employees of the office of court;

e) submit to the High Council of Justice of Georgia reports and recommendations on the important issues of administration of general courts ;

f) exercise other powers under the legislation of Georgia and the Regulations of the High Council of Justice of Georgia.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Article 56² – Election and dismissal of the chairperson of the Department of Court Management of the High Council of Justice of Georgia; procedure of staffing and rules of procedure of the Department of Court Management

1. The chairperson of the Department of Court Management of the High Council of Justice of Georgia shall be elected by the High Council of Justice of Georgia on competition basis, by the majority of its full composition.

2. Procedure for electing and dismissing the chairperson of the Department of Court Management of the High Council of Justice of Georgia, as well as the procedure of staffing and rules of procedure of the Department of Court Management shall be determined by the Regulations of the High Council of Justice of Georgia.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Article 57 – Requirements imposed upon employees of administrative offices of courts when appointing them to office

1. A Georgian citizen, who usually has a higher legal education, has knowledge of the language of court proceedings, holds a certificate of public servant defined under the Law of Georgia on Public Service,  has completed about a year-long paid internship at a general court and a special training course at the High School of Justice, may be appointed, under the procedure established by the High Council of Justice of Georgia/Plenum of the Supreme Court, as an officer of the Court Office, whose functions are directly related to the administration of proceedings in court.

2. In the case of a paid internship, a person shall be appointed to appropriate respective position of the Court Office. A person meeting the basic requirements established under the Law of Georgia on Public Service for an officer may be appointed as a paid intern.

3. When a person is appointed as an officer of the administrative office of court, he/she shall not be required to take a paid internship and/or a special training course referred to in the first paragraph of this article, if he/she meets one of the following requirements:

a) has at least one year work experience as a judge, prosecutor, investigator or advocate;

b) has passed a judicial qualification exam;

c) has at least two-year work experience in the legal profession;

d) has at least one-year work experience in his/her speciality in court.

4. A person shall not be required to take the special training course referred to in the first paragraph of this article if he/she has completed a special training course of an assistant judge in the High School of Justice.

5. A person who is not required to take an internship under the third paragraph of this article may take internship in a general court voluntarily.

6. Decisions on the appointment to the post (recruitment) and discharging from the post (dismissal from office) of an officer of the court office, whose functions are not directly related to the administration of proceedings in court, and of other employees, shall be made under the procedure established by the legislation of Georgia.

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

Organic Law of Georgia No 6092 of 26 April 2012 – website, 10.5.2012

Organic Law of Georgia No 4389 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 169 of 21 December 2016 – website, 28.12.2016

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 1050 of 16 June 2017 – website, 22.6.2017

 

Article 58 – Assistant judge and secretary of a court session

1. An assistant judge shall receive citizens, accept their complaints and applications, prepare cases for hearing at a court session, search for appropriate legal literature and judicial practice materials, draft relevant documents, and discharge other duties relating to the hearing at the instruction of the judge.

2. Cases in court shall be heard with the participation of the secretary of a court session.

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

 

Article 58¹ – Distribution of cases between judges

1. Cases shall be distributed between judges of a district (city) court, a court of appeals and the Supreme Court automatically, with an electronic system, by adhering to the principle of random distribution.

2. The procedure for distributing cases in general courts of Georgia automatically, with an electronic system, shall be approved by the High Council of Justice of Georgia.

3. In case of temporary failure of the electronic system for automatic distribution of cases, cases may be distributed between judges without the electronic system, based on the numerical order meaning that cases will be distributed between judges according to the numerical order of cases received and the alphabetical order of judges.

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

 

Chapter X – Bailiff

 

Article 59 – A Bailiff; the Bailiff’s Office

1. A Bailiff’s Office may be established within general courts and the High Council of Justice of Georgia. Its purpose shall be to ensure public order and protect the premises of the courts and the High Council of Justice of Georgia, and to perform other functions prescribed by the legislation of Georgia.

2. The chairperson of the Supreme Court shall carry out general administration and monitoring of the Bailiff’s Office.

3. A bailiff shall be a public servant who is appointed and dismissed by the chairperson of the court or the Secretary of the High Council of Justice of Georgia.

4. A legally competent Georgian citizen from the age of 22 may be appointed as a bailiff if he/she knows the official language and his/her state of health allows him/her to discharge official duties.

5. A person with a previous conviction may not be appointed as a bailiff.

6. Bailiffs shall wear a uniform and carry a badge when discharging their official duties. The design of the bailiff’s uniform and the badge shall be approved by the High Council of Justice of Georgia.

Decision of the Constitutional Court of Georgia No 3/2/767, 1272 of 14 December 2018 – website, 20.12.2018

 

Article 60 – Head of the Bailiff’s Office

1. The head of the Bailiff’s Office shall be appointed and dismissed by the chairperson of a court or the Secretary of the High Council of Justice, respectively.

2. The head of the Bailiff’s Office shall meet the requirements of Article 59 of this Law. The head of the Bailiff’s Office shall be a person with higher education.

3. The head of the Bailiff’s Office shall:

a) manage the activity of the Bailiff’s Office, be responsible for accomplishing the objectives of the Bailiff’s Office;

b) ensure timely and proper fulfilment of the instructions of the chairperson of a court, the secretary of a court session as well as of the Secretary of the High Council of Justice of Georgia;

c) give bailiffs appropriate instructions with respect to discharging their duties;

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

 

Article 61 – Rights and duties of bailiffs

1. A bailiff shall:

a) ensure that judges, participants of court proceedings and witnesses are safe and secure;

b) keep order in the court as well as in the High Council of Justice;

c) fulfil instructions of the chairperson of a court and a presiding judge as well as of the Secretary of the High Council of Justice of Georgia concerning maintaining order;

d) guard the administrative buildings of courts and the High Council of Justice;

e) make sure that the courtroom is ready for a court hearing to commence; on the instructions of a judge, ensure that criminal case materials and physical evidence are brought into the courtroom and kept safe;

f) eliminate violations of order in court as well as in the High Council of Justice; identify and, if necessary, arrest the wrongdoer to transfer him/her to the police and shall draft an appropriate arrest report, the form of which shall be approved by the High Council of Justice of Georgia;

g) exercise other powers provided in the legislation of Georgia.

2. When performing official duties, a bailiff may:

a) use physical force, special equipment and a weapon in the prescribed manner and circumstances;

b) call the police for help, if necessary.

 

Article 62 – Circumstances and procedure for the use of physical force, special equipment and weapons by bailiffs

1. A bailiff may use physical force, special equipment and weapons only if his/her official duties cannot be fulfilled with the use of other less forceful measures.

2. Without prejudice to the first paragraph of this article, a bailiff may use physical force and special equipment in the following circumstances:

a) when repressing any violation of law and arresting the wrongdoer;

b) when repelling an attack against a judge, a participant of the proceedings, a witness or any other person in the court;

c) when a bailiff encounters physical resistance when performing his/her duty;

d) when handing an arrestee over to the police, where there are sufficient grounds to believe that the arrestee may abscond or injure others nearby.

3. A bailiff may use a weapon in the following circumstances:

a) when repelling an armed attack or facing armed resistance;

b) when a judge, a participant of proceedings, a witness or any other person in the court is under an armed attack.

4. When using physical force, special equipment or weapons, a bailiff shall:

a) warn the person concerned that physical force, special equipment or weapons will be used against him/her and allow him/her sufficient time to comply with the bailiff’s demands, except when delay will pose a danger to lives and health of the bailiff or other persons or have other grave consequences, or when advance warning is impossible;

b) use physical force, special equipment and weapons according to the nature of danger with a view to causing as minimum damage as possible;

c) inform, in writing, the chairperson of the court (the Secretary of the High Council of Justice) on the use of physical force, special equipment or weapons within 24 hours after the event;

d) not endanger the lives and health of those nearby when using physical force, special equipment or weapons.

5. Bailiffs may not use physical force, special equipment and weapons against a pregnant woman, a disabled person or a minor; physical force and special equipment may be used against such persons only if the conduct of a pregnant woman, a disable person or a minor poses clear threat to the lives and health of the bailiff or other persons. Weapons may be used against a pregnant woman, a disabled person or a minor only if they put up armed resistance or carry out an armed attack.

 

Chapter XI – Conference of Judges of Georgia

 

Article 63 – Conference of Judges of Georgia

1. The Conference of Judges of Georgia is a self-governing body of Georgian general court judges. The Conference of Judges of Georgia shall consist of the Supreme Court, judges of courts of appeals and district (city) courts.

2. The Conference of Judges of Georgia shall protect and strengthen the independence of the judiciary, promote increased confidence and faith of the people in the courts and enhance reputation of judges.

3. The Conference of Judges of Georgia shall perform its activity according to the Constitution and the legislation of Georgia, the Charter and the Regulations of the Conference of Judges of Georgia. The Charter and the Regulations of the Conference of Judges of Georgia, which define the core principles of its activity, shall be approved by the Conference of Judges of Georgia by a majority of full membership upon the recommendation of the High Council of Justice of Georgia.

 

Article 64 – Organisational structure of Conference of Judges of Georgia

1. An Administrative Committee shall be set up within the Conference of Judges of Georgia to facilitate performance of the functions defined under Article 63 of this Law.

2. The Administrative Committee of the Conference of Judges of Georgia shall consist of nine members. The Administrative Committee may make decisions and prepare acts in connection with the administration of Georgian general courts; the acts shall be submitted to the Conference of Judges of Georgia for approval.

3. The Conference of Judges of Georgia shall elect the members and chairperson of the Administrative Committee for three years. A member of the Administrative Committee cannot simultaneously be the chairperson, first vice chairperson or vice chairperson of a court or the chairperson of a judicial panel or a chamber.

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

 

Article 65 – Powers of Conference of Judges of Georgia

1. The Conference of Judges of Georgia shall:

a) elect by a 2/3 majority present at its meeting:

a.a) the chairperson and members of the Administrative Committee;

a.b) the Secretary and other members of the High Council of Justice of Georgia;

a.c) judge members of the judicial disciplinary panel of the general courts of Georgia;

b) approve the Charter and the Regulations of the Conference of Judges of Georgia;

c) hear annual reports of the chairperson of the High Council of Justice of Georgia, the Secretary of the High Council of Justice of Georgia, the Independent Inspector of the High Council of Justice of Georgia and the chairperson of the Department of General Courts on the operation of these bodies;

d) exercise other powers provided by law, the Charter and the Regulations of the Conference of Judges of Georgia;

e) upon recommendation of the High Council of Justice of Georgia, approve judicial ethics rules, and approve the Regulations of the Board of Judicial Ethics and elect, on the basis of the Regulations of the Board of Judicial Ethics, members of the Board of Judicial Ethics.

2. At the elections referred to in paragraph 1(a) of this article, any judge present at the Conference of Judges of Georgia may nominate a candidate.

3. The Conference of Judges of Georgia shall separately put to vote candidates for membership of the High Council of Justice of Georgia for the position of a member judge that has the right under Article 47(4) of this Law to concurrently hold the position of a member of the Council and of the chairperson of a court, his/her first deputy or a deputy, or the position of the chairperson of a judicial panel or a chamber, and shall separately put to vote candidates for membership of the High Council of Justice of Georgia for the position of a member judge that has no right to concurrently hold any of the above positions. A candidate shall have the right to apply to the Conference of Judges of Georgia before voting and to submit his/her view and opinion with regard to the issues relating to his/her exercise of powers of a member of the High Council of Justice of Georgia if he/she is elected as a member of Council. A person who holds the position of a member of the Chamber of Disciplinary Cases and of the Chamber of Qualification of the Supreme Court, or the position of the chairperson of a court, his/her first deputy or a deputy, the position of the chairperson of a judicial panel or a chamber, and runs for the position of a member that has no right to concurrently hold any of the above positions, shall, if elected as a member of the Council, forfeit the right to hold any position that is incompatible with the position of a member of the Council. If the number of applicants for the election to the position of a member of Council that has the right to concurrently hold the position of the chairperson of a court, his/her first deputy or a deputy, or the position of the chairperson of a judicial panel or a chamber is less than the number of persons to be elected, or if, as a result of voting, the necessary number of votes were received by less individuals than the number of persons to be elected, a person that does not hold the position of the chairperson of a court, his/her first deputy or a deputy, or the position of the chairperson of a judicial panel or a chamber may be elected to the vacant position.

4. If at the time of the exercise by the Conference of Judges of Georgia of the powers under paragraph 1(a) of this article more than the required number of candidates receives the necessary number of votes, only the number of the highest scoring candidates that is necessary to fill the vacant positions shall be deemed elected. If two or more candidates receive an equal number of votes, they shall be put to repeat voting. The candidate with the best result who receives at least ¼ of the votes of the full membership of the Conference of Judges of Georgia shall be deemed elected.

5. If at the time of exercise by the Conference of Judges of Georgia of the powers under paragraph 1(a) of this article fewer than the required number of candidates receives the necessary number of votes, the candidates failing to receive the necessary number of votes shall be put to repeat vote. Only the number of the highest scoring candidates that is necessary to fill the vacant positions shall be deemed elected. At the same time, the number of votes received by such candidates shall not be less than 1/4 of the votes of the full membership of the Conference of Judges of Georgia.

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

Organic Law of Georgia No 2647 of 1 August 2014 – website, 18.8.2014

Organic Law of Georgia No 255 of 8 February 2017 – website, 13.2.2017

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 66 – Rules of procedure of Conference of Judges of Georgia

1. The Conference of Judges of Georgia shall be convened at least once each year. An extraordinary conference shall be called on the initiative of the Administrative Committee or by written request of 1/5 of Georgian general court judges. The extraordinary conference shall be called when electing, according to law, any judge member(s) of the High Council of Justice of Georgia, judge member(s) of the Disciplinary Panel of Georgian General Court Judges, and member(s) of the Administrative Committee. The extraordinary meeting of the Conference of Judges of Georgia shall be held only with a specific agenda and shall be adjourned when the agenda is exhausted. The agenda of the meeting of the Conference of Judges of Georgia shall be posted on the Supreme Court webpage not later than seven calendar days before the meeting.

2. The meeting of the Conference of Judges of Georgia shall be open. The Conference of Judges of Georgia may consider a matter and make a decision if more than half of Georgian general court judges are present. Where so provided for in Article 65(1)(a) of this Law, the Conference of Judges of Georgia shall make a decision by secret ballot. In all other cases, decisions shall be made by open vote, by a majority of the members present at the meeting.

3. Any other matters related to the activity of the Conference of Judges of Georgia and its structural units defined by this Law shall be determined by Regulations of the Conference and regulations of the structural units.

Organic Law of Georgia No 580 of 1 May 2013 – website, 20.5.2013

 

Chapter XI¹ – The High School of Justice

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹ – The Status, purpose and functions of the High School of Justice

1. The High School of Justice ('the School'), as a Legal Entity under Public Law (LEPL), shall be established on the basis of this Law.

2. The purpose of the School is to train trainees of justice to be appointed as judges within the General Court system of Georgia. The objective of the School is to extend theoretical knowledge to the trainees of justice and to develop skills necessary in their practical work, also to ensure that trainees of justice perceive their future responsibilities and freedom of action within limits determined by the law, and to contribute to the gradual integration of trainees of justice into the social environment where they will have to work as judges.

3. The School also intends to retrain meeting judges to improve their proficiency, as well as to train and retrain candidates for judge assistants and other specialists in order to staff the general Courts system of Georgia with highly qualified specialists.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66² – Management of the School

Management bodies of the School shall be: the independent board of the School, and the administration of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66 ³ – Procedure for establishing the independent board and its powers

1. The independent board of the School ('the independent board') shall define the focus areas of School activities, and coordinate and monitor their implementation. The independent board shall consist of seven members.

2. A citizen of Georgia with higher education, and the qualification and professional experience sufficient to fulfil functions of a member of the independent board determined by this Law may be an independent board member.

3. A member of the independent board may not be the Chairperson of the Supreme Court of Georgia.

4. Three members of the independent board, who are judges representing all three instances of general courts, shall be elected for a term of 4 years by the Conference of Judges of Georgia under the procedure established by the Regulations of the Conference. Two members of the independent board (one judge member and one non-judge member) shall be elected by the High Council of Justice of Georgia from among its members for the term of their powers as of members of the High Council of Justice of Georgia. The remaining two members of the independent board, who occupy an academic position of a professor, associate professor or assistant professor at a higher education institution accredited under the procedure established by law, and who do not work for a public institution, shall be elected for a term of 4 years by the High Council of Justice of Georgia upon recommendation of at least three members of the High Council of Justice.

5. The chairperson of the independent board shall be elected by the High Council of Justice of Georgia from among the independent board members elected by the Conference of Judges of Georgia for the term of his/her powers as of an independent board member. One and the same person may be elected as the chairperson of the independent board only for two consecutive terms.

6. The independent board shall elect a deputy chairperson of the independent board from among its members.

7. The independent board shall:

a) develop and approve the statute of the School;

b) develop and approve procedures for drafting the budget of the School;

c) make a reasoned decision with regard to the enrolment of a person into the School as a trainee of justice and to the expulsion of a trainee of justice from the School;

d) hear the annual report of the School director on performance of the School;

e) upon recommendation of the School director:

e.a) approve internal regulations of the School;

e.b) approve and submit the School budget according to the legislation of Georgia;

e.c) approve the staff list of the School;

e.d) approve the salary schedule and the amount of labour remuneration, as well as the amount of state scholarship for trainees of justice;

e.e) select a deputy director of the School and an internship supervisor;

e.f) approve the training (theoretical courses and seminars), internship and retraining curricula;

e.g) approve curricula for the theoretical courses and final School examinations;

e.h) approve the qualifying list of trainees of justice;

f) exercise other powers provided for by this Law and the Statute of the School.

8. Activities of the chairperson and of a member of the independent board within the independent board shall not be remunerated.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁴ – Relieving an independent board member of his/her powers

1. Grounds for relieving an independent board member of his/her powers shall be as follows:

a) a personal application;

b) the dismissal from a position that he/she was occupying at the time of his/her election as a member of the independent board;

c) the failure to exercise powers for more than six consecutive months;

d) a court’s decision declaring him/her as having limited capacity to contract, or missing or dead, or recognising him/her as a beneficiary of support, unless otherwise determined under court decision;

e) a court judgement of guilt against him/her entering into force;

f) the loss of citizenship of Georgia;

g) expiration of the term of office;

h) death.

2. The High Council of Justice of Georgia shall dismiss an independent Board member upon application of the Chairperson of the independent Board and the Conference of Judges of Georgia shall dismiss the Chairperson of the independent Board.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁵ – A meeting of the independent board

1. A meeting of the independent board shall be called at least twice a year. The Chairperson of the independent Board shall chair an independent board meeting and the deputy chairperson shall chair an independent board meeting in the absence of the Chairperson.

2. Information on an independent board meeting and the meeting agenda shall be posted on the webpage of the School one week prior to the meeting.

3. The School director shall attend a meeting of the independent board, who enjoys the right of deliberative vote.

4. An independent board meeting shall be duly constituted if attended by a majority of the independent board members. The independent board shall make decisions by the majority of votes of the members attending its meeting. In the case of a tie vote, the vote of the chairperson of the independent board meeting shall be decisive.

5. The independent board shall make a reasoned decision in writing with regard to the matter in question. A protocol of the meeting shall be drawn up about the independent board meeting being conducted to be signed by the chairperson of the meeting and the secretary of the meeting.

6. The decision made by the independent board together with the protocol of the meeting shall be posted on the webpage of the School not later than 3 working days after the meeting.

7. The procedure for arranging, calling and conducting a meeting of the independent board shall be defined by the regulation of the independent board to be developed and approved by the independent board.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁶ – The administration of the School

1. The administration of the School shall consist of the director, his/her deputy and the internship supervisor.

2. The School director shall be elected by the independent board for five years under the procedure established by the Statute of the School.

3. A citizen of Georgia who has attained the age of 25 with higher legal education and a minimum of three years professional work experience may be elected as the School director. Additional requirements may be defined by the Statute of the School for holding a position of the School director.

4. One and the same person may be elected as the School director for two consecutive terms only.

5. A deputy School director and an internship supervisor shall be elected for a five-year term. One and the same person may be elected as a deputy School director or an internship supervisor for only two consecutive terms. Election of a new School director shall entail termination of powers of the deputy School director and the internship supervisor.

6. The competence and rules of procedure of the School administration shall be defined by this Law and the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁷ – Powers of the School director

The School director shall:

a) represent the School; ensure functioning of the School, conduct of training and retraining courses for trainees of justice;

b) ensure enforcement of the independent board decisions;

c) submit the training, internship and retraining curricula to the independent board for approval, in agreement with the School administration and the board of teachers;

d) fulfil administrative functions within the School building;

e) exercise other powers provided in this Law and the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁸ – Powers of a deputy School director and an internship supervisor

1. A deputy School director shall ensure implementation of the training and retraining curricula. His/her powers in the area of the training courses (except for internship) and retraining shall be determined by this Law and the Statute of the School.

2. An internship supervisor shall ensure implementation of internship curricula. His/her powers in the area of the internship shall be determined by this Law and the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁹ – Dismissal of the School director, deputy School director and internship supervisor

1. The grounds for dismissing the School director, the deputy School director and the internship supervisor shall be:

a) personal application;

b) gross and systematic breach of internal regulations of the School;

c) violation of conditions provided for in the Statute of the School;

d) a court’s decision declaring them as having limited capacity to contract, or missing or dead, or recognising them as beneficiaries of support, unless otherwise determined by the court decision;

e) a court's judgement of guilt against them entering into force;

f) the loss of citizenship of Georgia;

g) the expiration of the term of office;

h) death;

i) other cases provided in this Law and the Statute of the School.

2. The independent board shall dismiss the School director, the deputy School director and the internship supervisor.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹⁰ – The structure of the School

The structure of the School and the rules of procedure of the School’s structural units shall be defined under the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019  

 

Article 66¹¹ – The budget of the School

1. Costs related to the School activities shall be separately included in the budget for the General Courts.

2. In order to perform functions defined under this Law, the School, based on an independent board decision, may gain financial income or material assistance allowed by the legislation of Georgia.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019  

 

Article 66¹² – Admission of a person to the School as a trainee of justice on competition basis

1. A person shall be admitted to the School as a trainee of justice on competition basis.

2. A competition for the School admission shall be conducted once a year.

3. The High Council of Justice of Georgia shall decide to conduct a competition for School admission taking into account the number of judges within the general court system of Georgia.

4. The decision of the High Council of Justice of Georgia to conduct a competition for School admission additionally at another time of year must be announced at least one month prior to the competition.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹³ – A participant of a competition for School admission

Any citizen of Georgia, who is legally competent, has no previous criminal record, knows the state language, has higher legal education with at least master’s or an equivalent academic degree/higher education diploma, and who has passed a judicial qualification examination ('the qualification examination'), after passing of which 10 years have not passed, shall be eligible to participate in a competition for admission to the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹⁴ – The process of conducting a competition for admission to the School

1. A competition for admission to the School shall be conducted by the School.

2. When selecting a trainee of justice, the result of the qualification examination, and his/her qualification, abilities of legal analysis, reasoning, verbal communication and expression shall be considered. The form of a competition for admission to the School, registration of candidates for trainees of justice, and other issues regarding the conduct of the competition shall be defined by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹⁵ – Total number of trainees of justice to be admitted to the School

Before announcing a competition for admission to the School, the High Council of Justice of Georgia Shall determine the presumable number of vacancies of judges to be appointed at the time when the trainees of justice to be enrolled into the School in the current year finish the complete course of studies, and shall submit to the School for approval the total number of trainees of justice to be admitted to the School, which must exceed the presumable number of vacancies of judges by 20%. The School shall be authorised to approve the less number than the one submitted by the High Council of Justice of Georgia only if the School budget and/or the material and technical base does not allow for the admission of more trainees of justice.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹⁶ – The status of a trainee of justice

A trainee of justice shall be a person who, as a result of the competition, has been enrolled into the School for training by the decision of the High Council of Justice of Georgia. During the period of training at the School, a trainee of justice shall be granted a certificate of traineeship of justice.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹⁷ – The state scholarships of trainees of justice

While studying at the School, a trainee of justice shall receive a state scholarship the amount of which may not be less than one third of the minimal salary of a judge of a court of first instance.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹⁸ – Disciplinary liability of a trainee of justice

1. A trainee of justice shall be obligated to adhere to the disciplinary standards.

2. Violation of the disciplinary standards by a trainee of justice shall entail one of the following disciplinary liabilities:

a) warning;

b) reprimand;

c) withholding of a state scholarship for up to 10 days;

d) expulsion from the School.

3. A disciplinary liability of a trainee of justice must be proportional to the disciplinary misconduct. Types of disciplinary misconduct and procedures for disciplinary prosecution shall be determined by this Law and the internal regulation of the School.

4. The administration of the School shall review and resolve the issue of disciplinary liability of a trainee of justice.

5. The School administration may prematurely discharge a trainee of justice from disciplinary liability if he/she commits no further disciplinary misconduct and proves himself/herself to be an honest trainee of justice.

6. If no other disciplinary liability is imposed on a trainee of justice within seven months after imposition of a disciplinary liability, he/she shall be considered as a person having no disciplinary liability.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66¹⁹ – Inclusion of the period of training at the School within the length of professional work experience

The period of training at the School shall be included in the length of professional work experience of a trainee of justice.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66²⁰ – Personal data of a trainee of justice

1. A trainee of justice shall have the right to familiarise himself/herself with any information and official document available in the School about him/her, and get their copies.

2. A person shall retain the right provided for by paragraph 1 of this article even after finishing the School, whether or not he/she has been appointed to the position of a judge.

3. A trainee of justice shall have the right to submit a request to the School for correcting, updating, supplementing or disabling his/her personal data, or for ceasing to process the data, and for deleting or destroying them if there is an appropriate ground provided for by Articles 15-17 of the Law of Georgia on Personal Data Protection.

4. Where so provided for by paragraph 3 of this article, the request of a trainee of justice shall be submitted, reviewed and decided upon under the procedures established by Articles 15-17 of the Law of Georgia on Personal Data Protection.

5. The School shall have the obligation not to disclose, by way of data transfer, dissemination or otherwise making them accessible, information and official document available about the trainee of justice without his/her consent, except as provided for by law.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 3124 of 13 June 2023 – website, 3.7.2023

 

Article 66²¹ – Duration of training at the School

1. The period of training at the School shall be 16 months. A full training course shall include a theoretical course, internship and seminars.

2. The duration of a full training course shall be 12 months for a trainee of justice who has at least 10 years’ experience of working as Head of a structural subdivision of the Administration of the High Council of Justice of Georgia, head of Administration of a general court of Georgia or its structural subdivision, a judge’s assistant, a secretary of a court session, an investigator, a prosecutor and/or a lawyer.

3. Duration of a theoretical course, internship and seminars shall be determined by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019  

 

Article 66²² – Training programme for a trainee of justice

The training programme for a trainee of justice must ensure enrichment of the theoretical knowledge corresponding to the criteria provided for by Article 35¹ of this article and development of practical skills and qualities. The training programme for a trainee of justice may include optional subjects in addition to mandatory subjects. The list of subjects shall be approved by the independent board upon recommendation of the School director.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 66²³ – Forms of training at the School

1. The forms of training at the School shall be as follows: seminars, simulation of judicial proceedings, discussion, training on the issues of making a court decision and its substantiation, evening courses, remote training, and other forms approved by the independent board upon recommendation of the School director. The training curricula may also include short-term business trips of trainees of justice to a court and a prosecutor's office.

2. During the training of a trainee of justice, he/she may be sent to a foreign reputable education institution for training and/or internship.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66²⁴ – School teachers, the board of teachers

1. The School teachers shall manage the training process of trainees of justice at the School.

2. A labour contract shall be concluded with a School teacher for a definite term but limited to a maximum of two years.

3. School teachers shall comprise the board of teachers.

4. The deputy School director shall regularly call and chair meetings of the board of teachers.

5. The powers and rules of procedure of the board of teachers shall be determined by this Law and the Statute of the School.

6. To train the trainees of justice at the School, specialists of various fields of law, and specialists of auxiliary disciplines, including foreign experts may be periodically invited. Procedures and conditions for their invitation, working and labour remuneration shall be approved by the independent board upon recommendation of the School director.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66²⁵ – Final examination of the theoretical course and procedure for conducting it

1. Upon completion of theoretical course, trainees of justice shall take an examination to evaluate their theoretical knowledge acquired during the training period.

2. The independent board shall approve the composition of an examination commission upon recommendation of the School director.

3. The procedure and conditions for conducting an examination, as well as the evaluation system of the examination results shall be defined by the Statute of the School.

4. Appropriate measures in case of failure to pass an examination within the set time limit shall be defined by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66²⁶ – Internship of a trainee of justice; types of internship

1. A trainee of justice shall serve internship after passing the final examination of the theoretical course.

2. A trainee of justice shall serve internship at general courts, and at the Constitutional Court of Georgia, at a law office, notary office, prosecutor's office and/or administrative bodies the list of which is approved by the independent board upon recommendation of the School director. The issue of serving internship at another body, except at general courts, by a trainee of justice, considering the needs of this trainee of justice, shall be decided upon by the independent board upon recommendation of the School director.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66²⁷ – The internship supervisor, and the internship coordinator

1. The School director, upon recommendation of the internship supervisor, shall appoint internship coordinators to the agencies defined by Article 66²⁶(2) of this Law.

2. An internship coordinator may be a judge, a prosecutor or a head officer of an institution.

3. An internship coordinator shall:

a) administer and supervise the internship process of a trainee of justice;

b) at the end of an internship, grant to each trainee of justice assigned to him/her a qualifying score and give a written letter of reference;

c) at the end of an internship, submit to an internship supervisor a report on completion of the internship programme.

4. Types of tasks to be performed by a trainee of justice during his/her serving the internship shall be defined by the internship programme.

5. The internship evaluation system and the procedure for granting a qualifying score to a trainee of justice shall be defined by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66²⁸ – A written report drawn up and a work prepared by a trainee of justice

At the end of an internship, a trainee of justice shall draw up his/her written activity report shall prepare a work on the operation of an internship body, problems existing in that body and the ways for solving them. The aforementioned written report and work shall be submitted to the internship supervisor, sealed and attached to the personal file of a trainee of justice.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66²⁹ – Seminars

1. At the end of the internship, the School shall conduct seminars for trainees of justice, the purpose of which is the generalisation of the knowledge and experience they have acquired during the theoretical course and the internship, and the preparation of trainees of justice for the final examination of the School.

2. Seminars shall be conducted by the School teachers or invited specialists.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³⁰ – Final examination of the School

1. At the end of the training at the School, a trainee of justice shall take the final examination of the School the purpose of which is to evaluate the theoretical knowledge and practical experience acquired by the trainee of justice.

2. The final examination of the School shall be conducted in written form. A trainee of justice shall be given a specific case from the case law and shall be assigned to draft procedural documents for it.

3. The final examination of the School shall be conducted by the commission composed of:

a) a judge of the Supreme Court;

b) a member of the High Council of Justice of Georgia;

c) a law professor of the State University;

d) three members appointed by the independent board;

e) the School director.

4. Members of the commission referred to in paragraph 3(a), (b) and (c) of this article shall be approved by the independent board.

5. A member of the commission referred to in paragraph 3(a) of this article shall be nominated for approval by the Chairperson of the Supreme Court; a member of the commission referred to in paragraph 3(b) of this article shall be nominated for approval by the High Council of Justice of Georgia, and a member of the commission referred to paragraph 3(c) of this article shall be nominated for approval by the Minister for Justice of Georgia.

6. The procedure and conditions for conducting the final examination of the School, and the evaluation system of the examination results shall be defined by the Statute of the School.

7. Appropriate measures to be implemented in case of failure to pass the final examination of the School within the set time limit shall be defined by the Statute of the School.

  Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³¹ – Compilation of the qualifying list of trainees of justice

1. The School director shall submit the qualifying list of trainees of justice to the independent board for approval within one month after the final examination of the School.

2. The number assigned to a trainee of justice in the qualifying list of trainees of justice shall be communicated to the trainee of justice.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³² – Criteria for compiling the qualifying list

1. When compiling the qualifying list, a coefficient shall be applied to sum the points received by a trainee of justice:

a) when passing the qualification examination;

b) when passing the final examination of the theoretical course;

c) when serving internship;

e) when passing the final examination of the School.

2. The total points gained by a trainee of justice shall be calculated according to procedure established by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³³ – Evaluation of the independent board

1. When selecting a candidate for judge, consideration shall be given to the number of a trainee of justice he/she was assigned in the qualifying list, and to the evaluation of the independent board. The evaluation of the independent board shall include:

a) the evaluation of the results of the final examination of the theoretical course;

b) the evaluation of the results of serving internship;

c) the evaluation of the results of seminars;

d) the evaluation of the results of the final examination of the School;

e) the evaluation of the internship supervisor;

f) the evaluation of the School teachers;

g) the evaluation of a written report drawn up and a work prepared by a trainee of justice during his/her serving internship;

h) the evaluation of the discipline of a trainee of justice.

2. The independent board shall prepare the evaluation according to the evaluation criteria established by the High Council of Justice of Georgia.

3. One copy of the evaluation of the independent board shall be given to a trainee of justice.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³⁴ – Document to certify completion of the training course of the School

1. After the qualifying list of trainees of justice is approved, a trainee of justice entered in this list shall receive a document to certify completion of the training course of the School. The document shall certify that the trainee of justice has taken the full training course of the School and that he/she has been entered in the qualifying list of trainees of justice.

2. The form of the document provided for by paragraph 1 of this article shall be approved by the independent board under the procedure established by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³⁵ – The purpose of retraining

1. The School shall develop and implement annual retraining programmes.

2. The retraining shall be intended to upgrade the qualification of a person eligible under this Law to participate in the retraining by way of providing information on legislative and other innovations in the fields of law and science; adaptation to new social and legal realities; generalising and sharing practical experience, including the judicial case-law in foreign states.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³⁶ – Forms and a curriculum of the retraining

1. The retraining shall be carried out through holding various seminars, training courses and conferences, theoretical and practical exercises, and discussions.

2. The retraining process shall be led by the School teachers.

3. For retraining purposes, specialists of various fields of law, and specialists of auxiliary disciplines, including foreign experts may be invited. Procedures and conditions for their invitation, working and labour remuneration shall be defined by the Statute of the School.

4. The deputy School director shall, in agreement with the board of teachers, make a schedule of activities to be carried out within the retraining courses and shall submit it to the School director, who shall review the schedule and submit it for approval to the independent board in October of each year.

5. When drawing up a retraining curriculum, the School shall apply to the chairpersons of a court of first instance, the Court of Appeals and the court of cassation for recommendations.

6. Upgrading of qualifications of a person eligible to participate in the retraining under this Law may be carried out through taking a training and/or serving internship at reputable foreign education organisations.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³⁷ – The right of an active judge to retraining

1. After the programme of annual retraining activities is published, a retraining applicant shall apply to the School administration for taking part in a planned activity. The application must include why the applicant has interest in participating in the specific activity.

2. The School administration shall review the application of a retraining applicant and reply to the application within the period set by the legislation of Georgia but not later than two weeks before commencement of the retraining activity.

3. The School administration’s refusal in participation in the retraining must be substantiated.

4. The procedure and conditions for conducting a retraining course and participating in the course shall be defined by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66³⁸ – Upgrading of qualifications of an active judge

An active judge shall have the obligation to set aside at least 5 days in 3 years for upgrading his/her qualifications at the School. A qualification upgrading programme for a judge must comply with his/her needs. The teaching of topics regarding the human rights law, including the case law of the European Court of Human Rights, must be a mandatory component of the qualification upgrading programme for a judge.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1913 of 18 October 2022 – website, 24.10.2022

 

Article 66³⁹ – Participation of a prosecutor, lawyer and another person in a retraining activity

The procedure for admitting a prosecutor, lawyer and another person to participate in an activity to be conducted within a retraining course shall be defined by the Statute of the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁴⁰ – Participation of foreign representatives in a special training course

1. It shall be possible to introduce a special training course for foreign judges, judicial officers and other representatives of the legal field.

2. A special training course curriculum shall be approved by the independent board upon recommendation of the School director.

3. A special training course shall be conducted in a respective foreign language.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁴¹ – Training grant

1. The School may issue a training grant only to a judge and a judicial officer for upgrading their qualifications.

2. The procedure and conditions for issuing a training grant shall be defined by the independent board.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁴² – Scientific activity

1. Research institutes may be established within the School premises for conducting analysis and research of challenges in the judicial system.

2. The School shall perform publishing activities within its powers.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 66⁴³ – Release from receiving training at the School

A person nominated for election as judge of the Supreme Court of Georgia, and a former judge, who has passed a judicial qualification examination, was assigned, on competition basis, to the position of a judge, at the Supreme Court, a district (city) court or at the Court of Appeals and has at least 18 months’ experience of working as a judge, shall be released from receiving training at the School to hold judicial office. A person who has received a full training course at the School and has been entered in the qualifying list of trainees of justice shall be released from receiving training at the School regardless of the period he/she held judicial office or whether or not he/she was appointed to that position after finishing the School.

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Chapter XII – Financing of General Courts; Social and Legal Guarantees of Judges

 

Article 67 –­ Financing of general courts

1. General courts shall be financed from the State Budget of Georgia. Expenses relating to the organisation and activity of the Supreme Court fall within a separate code of the State Budget of Georgia.

1¹. Judicial mediation programmes effective at district (city) courts and a court of appeals shall be financed through appropriations allocated for general courts of Georgia from the state budget of Georgia.

2. The High Council of Justice of Georgia, based on the proposals of the Department of General Courts, shall submit a draft version of the section of the State Budget of Georgia that deals with the financing of general courts (other than the Supreme Court) and the Department of General Courts to the Government of Georgia. Before the Parliament of Georgia hears a revised version of the draft Law on the State Budget, the High Council of Justice of Georgia may submit opinions to the Parliament of Georgia on the draft of the section dealing with the financing of general courts and the Department of General Courts. The chairperson of the Supreme Court shall submit a draft budget for the organisation and activity of the Supreme Court to the Government of Georgia according to the procedures laid down by law.

3. The expenses allocated in the State Budget of Georgia for general courts may be reduced compared to the corresponding amount of the previous year only with a prior approval of the High Council of Justice of Georgia.

Organic Law of Georgia No 5920 of 27 March 2012 – website, 19.4.2012

Organic Law of Georgia No 4963 of 18 September 2019 – website, 27.9.2019

 

Article 68 – Legal and social protection of judges

1. Legal and social guarantees of judges shall be defined by the Constitution of Georgia, this Law and the legislation of Georgia.

2. To ensure the independence of judges, the State shall create dignified living and working conditions, and protect the safety of judges and their families. If the life or health of a judge is at risk, on the decision of the Prime Minister of Georgia, and based on the application of the judge, the competent state authorities shall ensure the protection of the judge and his/her family members according to rules contained in the legislation of Georgia.

3. The State shall provide the necessary living space or pay the necessary housing expenses for a judge who has no living accommodation in a self-governing city (municipality) where he/she has to exercise judicial powers. The decision to provide the chairperson and members of the Supreme Court with living accommodations shall be made by the chairperson of the Supreme Court. The decision on providing judges of courts of appeals and district (city) courts with living accommodations shall be made by the High Council of Justice of Georgia.

4. While exercising judicial powers, a judge transferred to the reserve of the defence forces of Georgia shall not be subject to conscription during mobilisation or martial law declared in the country, and to a military training.

5. Appointing a person as a judge shall not terminate his/her membership in a public association. A person who has been appointed as a judge ceases to be a member of a political association.

6. A judge shall be granted a leave under the procedure established by Articles 62 and 64 of the Law of Georgia on Public Service.

7. The procedure for compensating the business trip expenses of the chairperson, first vice chairperson and chairperson of the Supreme Court, a member of the Supreme Court, the chairperson and vice chairperson of a court of appeals, the chairperson of a district (city) court and a general court judge shall be approved by the High Council of Justice of Georgia according to the ranking of similar officials established for the government agencies.

Organic Law of Georgia No 3523 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 286

Organic Law of Georgia No 4461 of 22 March 2011 – website, 1.4.2011

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

Organic Law of Georgia No 2034 of 7 March 2018 – website, 29.3.2018

Organic Law of Georgia No 3623 of 31 October 2018 – website, 21.11.2018

Organic Law of Georgia No 3545 of 21 September 2023 – website, 12.10.2023

 

Article 69 – Remuneration of a judge

1. The remuneration of a judge shall consist of an official salary and a salary increment.

2. A monthly official salary rate of a judge shall be as follows:

a) of the chairperson of the Supreme Court – GEL 7 000;

b) of the first deputy chairperson of the Supreme Court – GEL 6 500;

c) of a deputy chairperson of the Supreme Court – GEL 6 300;

d) of a judge of the Supreme Court – GEL 6 000;

e) of the chairperson of a court of appeals – GEL 5 800;

f) of a deputy chairperson of a court of appeals – GEL 5 600;

g) of the chairperson of a chamber (panel) of a court of appeals – GEL 5 300;

h) of a judge of a court of appeals – GEL 5 000;

i) of the chairperson of a district (city) court – GEL 4 600;

j) of the chairperson of a panel of a district (city) court – GEL 4 300;

k) of a judge, and of a magistrate judge of a district (city) court – GEL 4 000;

l) of a judge on the reserve list – GEL 500.

3. The remuneration of a judge seconded to another court under this Law shall be defined as the amount of an official salary of a judge of an appropriate court if the amount of the above official salary exceeds the amount of an official salary of a judge in a court where he/she is appointed under the statutory procedure.

4. The official salary of a judge may not be reduced throughout the whole period of his/her term of office.

5. Material benefits of a judge shall be defined by the legislation of Georgia.

6. A salary increment of a judge (except for a judge of the Supreme Court) shall be defined by the High Council of Justice of Georgia.

7. The amount of an official salary increment of a judge of the Supreme Court shall be defined by the Plenum of the Supreme Court.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 70 – Procedure for awarding a state compensation to general court judges

1. Upon expiry of the term of office or reaching a retirement age, a Supreme Court judge shall be awarded a state compensation of GEL 1 200.

2. A Georgian general court judge (other than a Supreme Court judge) who has been appointed to the office of a judge under Article 35 of this Law shall be awarded a state compensation in the manner and in the amount determined by the Law of Georgia on State Compensation and State Academic Scholarship.

 

Article 71 – Benefits in the case of a judge’s death, severe injury or recognition as a person with disability status

1. If a judge dies while he is serving as a judge, his/her family shall be awarded a lump-sum compensation of GEL 25 000 from the State Budget of Georgia.

2. If while serving as a judge a judge suffers severe injury, a bodily injury or any other aggravation of health as a result of which he/she is recognised as a person with a disability status, he/she shall be awarded a lump-sum compensation of GEL 10 000 from the State Budget of Georgia.

If a judge dies, his/her family member(s) shall be awarded state compensation in the manner and in the amount prescribed by the Law of Georgia on State Compensation and State Academic Scholarship.

 

Article 72 – Insurance of judges

1. Insurance on a judge’s life and health shall be mandatory. The insurance cost of the chairperson and members of the Supreme Court shall be paid from the budget of the Supreme Court, while the insurance cost of judges of courts of appeals and district (city) courts shall be paid from the budget of general courts.

2. The mandatory insurance on the chairperson and members of the Supreme Court shall be performed by means of a voucher or under a contract concluded between the Supreme Court and a licensed insurance organisation in the manner prescribed by the legislation of Georgia. The mandatory insurance of judges of courts of appeals and district (city) courts shall be performed under a contract concluded between the Department of General Courts and a licensed insurance organisation according to the procedure laid down by the legislation of Georgia or by means of a voucher.

 

Chapter XII¹ – Procedure for Communicating with Judges of General Courts of Georgia

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72¹ – Inadmissibility of communication with a judge

1. From the moment  a case is submitted to a court until the court judgment made on the case takes effect, and at the stage of criminal investigation, any communication of a participant to legal proceedings, an interested person, a public servant, a state servant, a state political official and a political official, which is related to the consideration of a specific case or issue, and/or to a presumable result of a case, and which fails to comply with the principles of independence and impartiality of court/judge, and of the adversarial nature of legal proceedings.

2. The liability under this Chapter shall not be entailed for an action which contains the elements of a crime under the Criminal Code of Georgia.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72² – Liability of a judge (a chairperson of court)

1. In the case of communication under Article 72¹(1) of this Law of a participant of legal proceedings, an interested person, a public servant, a state servant, a state political official and a political official with a judge, the judge shall immediately notify in writing the chairperson of the court or a judge authorised by him/her. If there was communication with the chairperson of the court, the chairperson of the court shall immediately notify in writing the chairperson of a higher instance court or a judge authorised by him/her. If there was communication with a judge of the Supreme Court, he/she shall immediately notify in writing the first deputy chairperson of the Supreme Court or a deputy authorised by the chairperson of the Supreme Court. If there was communication with the Chairperson of the Supreme Court, he/she shall immediately notify in writing the High Council of Justice of Georgia.

2. A judge authorised to consider a written notification of the communication with a judge, and the High Council of Justice of Georgia in the cases provided for by this Chapter may, in the case of communication with a judge under Article 72¹(1) of this Law, apply the following measures to a participant to legal proceedings, an interested person, a public servant, a state servant, a state political official and a political official:

a) to make a decision on imposing a fine on him/her;

b) with respect to a public servant, to raise an issue before the Secretary of the High Council of Georgia of imposing disciplinary liability on him/her.

3. Failure to comply by a judge (the chairperson of court) with the requirements under Article 72¹(1) of this Law and paragraphs 1 and 2 of this article shall entail the imposition of disciplinary liability provided for by Chapter XIII ^{​​​ 1}   of this Law under the procedure determined by this Law.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72³ – Liability of an employee of a prosecutor’s office

Failure to comply with the requirement under Article 72¹ of this Law by an employee of a prosecutor’s office shall be considered to be an unsuitable conduct for an employee of a prosecutor’s office, and shall entail disciplinary liability under the Organic Law of Georgia on Prosecutor’s Office, and the imposition of a fine under the procedure determined by this Chapter.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72⁴ – Liability of a lawyer

Failure to comply with the requirement under Article 72¹ of this Law by a lawyer shall be considered to be a violation of the lawyers’ professional ethical standards, and shall entail the imposition of disciplinary liability under the Law of Georgia on Lawyers, and of a fine under the procedure determined by this Chapter.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72⁵ – Liability of an investigator

Failure to comply with the requirement under Article 72¹ of this Law by an investigator shall entail the imposition of disciplinary liability under the legislation of Georgia and of a fine under the procedure determined by this Chapter.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72⁶ – Liability of a public servant, state servant, state political official and political official

Failure to comply with the requirement under Article 72¹ of this Law by a public servant, a state servant, a state political official and a political official shall entail the imposition of a fine under the procedure determined by this Chapter, and in the case of a public servant, it shall also entail the imposition of disciplinary liability under the legislation of Georgia.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72⁷ – Imposition of a fine on a participant of legal proceedings, interested person, public servant, state servant, state political official and political official

1. Failure to comply with the requirement under this Chapter by a participant of legal proceedings, an interested person, and a public servant –

shall carry a fine of not more than GEL 5 000.

2. Failure to comply with the requirement under this Chapter by a state servant, a state political official and a political official –

shall carry a fine of not more than GEL 10 000.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72⁸ – Consideration of a fact of a prohibited form of communication with a judge

1. A written notification of the communication under Article 72¹(1) of this Law with a judge shall be considered by an authorised judge within 14 days after receiving it, and he/she shall make a decision on imposing a fine on a participant of legal proceedings, an interested person, a public servant, a state servant, a state political official and a political official, and in the case of a public servant, he/she shall make a decision on raising an issue before the Secretary of the High Council of Justice of Georgia of imposing disciplinary liability on the public servant.

2. The following persons shall have the right to participate in the consideration of a written notification of communication with a judge: a person who, based on the written notification, had the communication under Article 72¹(1) of this Law with a judge, his/her defence lawyer (legal representative), and the author of the written notification of communication. A judge authorised to consider a written notification of communication with a judge shall have the right to summon and question a person whose evidence has an essential significance for the consideration of the written notification, and to offer the parties to present documents to verify the information specified in the written notification, and other evidence. A judge authorised to consider a written notification of communication under Article 72¹(1) of this Law with a judge may hold an oral hearing involving the parties. Failure of the parties to appear shall not impede the consideration of the written notification of communication with a judge. If the parties participate in the oral hearing, they shall have the right to provide explanations to the judge authorised to consider the notification, and to formulate their opinions. An order on imposing a fine must be substantiated and must include a reference to the failure to comply with the requirements defined in this Chapter, and to the circumstances that prove the fact of committing this failure. The order on imposing a fine shall immediately be forwarded to the parties and to the Secretary of the High Council of Justice of Georgia.

3. The Secretary of the High Council of Georgia shall consider a written notification of a prohibited form of communication with a judge within one month after it is received.

4. If the requirements under this Law are not complied with, the Secretary of the High Council of Justice of Georgia shall be authorised to:

a) apply with a recommendation to an appropriate official under Article 72⁹(1–4) of this Law for proper response;

b) forward the case materials submitted to the appropriate investigative bodies according to the jurisdiction if, as a result of consideration of the materials, he/she concludes that the action may contain elements of a crime under the Criminal Code of Georgia.

5. If a judge authorised to consider a written notification of communication with a judge fails to consider the written notification of communication under Article 72¹(1) of this Law with a judge within the period determined under paragraph 1 of this article, the judge that prepared the written notification shall be authorised to apply to the High Council of Justice of Georgia.

6. The High Council of Justice of Georgia shall consider a written notification of communication under Article 72¹(1) of this Law with a judge within one month after receiving it, and it shall make a decision on imposing a fine on a participant of legal proceedings, an interested person, a public servant, a state servant, a state political official and a political official, and in the case of a public servant, it shall make a decision on applying to an official under Article 72⁹(1–4) of this Law for an appropriate response to the issue of imposing disciplinary liability on a public servant. The High Council of Justice of Georgia shall consider a written notification of communication under Article 72¹(1) of this Law with a judge under the procedure determined in paragraph 2 of this article.

7. If a judge authorised to consider a written notification of communication under Article 72¹(1) of this Law or the High Council of Justice of Georgia conclude, as a result of consideration of the materials submitted, that the action may contain elements of a crime under the Criminal Code of Georgia, he/she shall forward the case materials to appropriate investigative bodies according to the jurisdiction.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72⁹ – Recommendation of the Secretary of the High Council of Georgia on a prohibited form of communication with judges

1. If an employee of a prosecutor’s office fails to comply with the requirements of this Chapter, the Secretary of the High Council of Justice of Georgia shall apply to the General Prosecutor of Georgia with a recommendation to respond, and shall forward appropriate materials to him/her.

2. If a lawyer fails to comply with the requirements defined in this Chapter, the Secretary of the High Council of Justice of Georgia shall apply to the chairperson of the Georgian Bar Association with a recommendation to respond, and shall forward appropriate materials to him/her.

3. If an investigator fails to comply with the requirements defined in this Chapter, the Secretary of the High Council of Justice of Georgia shall apply to an appropriate official with a recommendation to respond, and shall forward appropriate materials to him/her.

4. If a public servant fails to comply with the requirements defined in this Chapter, the Secretary of the High Council of Justice of Georgia shall apply to an appropriate authorised body or official with a recommendation to respond, and shall forward appropriate materials to them.

5. The officials under paragraph (1–4) of this article shall consider the recommendation of the Secretary of the High Council of Justice of Georgia within one month after receiving it and shall notify the Secretary of the High Council of Justice of Georgia of the decision made. The failure to fulfil this obligation shall be considered as the decision to refuse to impose disciplinary liability.

6. The Secretary of the High Council of Georgia shall be authorised to appeal the decision on refusing to impose disciplinary liability under the procedure determined by the legislation of Georgia for appealing an individual administrative-legal act.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72¹⁰ – Appeal of an order to impose a fine

1. An order of a judge authorised to consider a written notification of communication under Article 72¹(1) of this Law with a judge regarding the imposition of a fine on a participant of legal proceedings, an interested person, a public servant, a state servant, a state political official and a political official may be appealed only once within 3 days to the chairperson of a court of a higher instance or his/her authorised judge by a person on whom a fine was imposed, or his/her lawyer (legal representative), and by the judge with whom, based on his/her notification, the communication under Article 72¹(1) of this Law was conducted, and an order of a deputy chairperson of the Supreme Court may be appealed to the chairperson of the Supreme Court.

2. When considering an appeal, a person considering the appeal shall verify whether a judge authorised to consider a written notification of communication with a judge has complied with the requirements under Article 72⁸ of this Law when issuing an order on imposing a fine.

3. A person considering an appeal shall consider an appeal within 7 days and shall make one of the following decisions on:

a) upholding the appealed order and refusing to grant the appeal;

b) revoking, or changing the appealed order, or fully or partially granting the appeal.

4. Copies of a resolution made as a result of considering an appeal shall be passed to the parties and submitted to the High Council of Justice of Georgia. The resolution shall be final and shall not be appealed.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Article 72¹¹ – Publicity of information on communication with judges of general  courts of Georgia

1. A judge authorised to consider a written notification of communication under Article 72¹(1) of this Law with a judge shall immediately submit an order on imposing a fine, and any other statistical information on the application of this Chapter to the Secretary of the High Council of Justice of Georgia.

2. Information on the communication under Article 72¹(1) of this Law with a judge shall be public, except for information of the identity of a judge with whom the communication was conducted, and for the information of a case on which the communication was conducted.

3. To ensure publicity of the information on the communication under Article 72¹(1) of this Law with judges of general courts of Georgia, the High Council of Justice of Georgia shall maintain, under the legislation of Georgia, the unified database of statistical information on the application of this Chapter, which also includes the information on the identity of persons imposed with a fine under the procedure determined by this Chapter.

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

Organic Law of Georgia No 3796 of 30 November 2018 – website, 13.12.2018

 

Chapter XIII – Location of the Supreme Court; Symbols of the Judiciary

 

Article 73 – Location of the Supreme Court

The location of the Supreme Court shall be the Palace of Justice House of Georgia in Tbilisi.

 

Article 74 – Symbols of the judiciary and the procedure for their approval

1. The symbols of the judiciary shall be the official insignia of judges designed and approved by the High Council of Justice of Georgia.

2. A judge shall participate in the judicial hearing of a case wearing a special uniform and official insignia approved by the High Council of Justice of Georgia.

3. A judge shall be issued an identity card that certifies his/her position and is signed by the chairperson of the Supreme Court. The identity card certifying the position of the chairperson of the Supreme Court shall be signed by the chairperson of the Parliament of Georgia.

Organic Law of Georgia No 1489 of 1 November 2013 – website, 13.11.2013

 

Article 75 – Court seal

A court seal shall bear the National Coat of Arms of Georgia and the name of the court.

 

Chapter XIII ^{​ 1}  – Disciplinary Liability of Judges of General Courts of Georgia and Disciplinary Proceedings

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75¹ – Grounds for disciplinary misconduct of a judge and types of disciplinary misconduct

1. Disciplinary liability (penalty) shall be imposed on a judge only if, as a result of a disciplinary proceeding conducted under the procedure determined by this Chapter, it is established that the judge has committed a disciplinary misconduct.

2. Disciplinary liability shall be imposed on a judge only for committing a guilty act, i.e. only in the case if he/she objectively could take an appropriate action to avoid the disciplinary misconduct but he/she did not take it.

3. A disciplinary misconduct shall only be a deliberate or negligent act committed by a judge, as provided for by this Law.

4. A deliberate disciplinary misconduct shall be an act at the time of committing which a judge was realising the possibility of damage his/her act could inflict.

5. A negligent disciplinary misconduct shall be an act at the time of committing which a judge was not considering the possibility of damage his/her act could inflict, although he/she ought to have considered and could have considered it too.

6. Incorrect interpretation and/or use of a law by a judge, based on his/her inner conviction, shall not be a disciplinary misconduct and disciplinary liability shall not be imposed on the judge for that act.

7. An act shall not be deemed a disciplinary misconduct if it formally contains elements of any act provided for by this Law, although, because of its minor significance, it has not caused such damage that would necessitate disciplinary liability for its commission, or has not posed a threat of such damage.

8. The following shall be deemed a disciplinary misconduct:

a) an act that violates the principle of independence, in particular:

a.a) exercise of judicial power by a judge using the private interest, or under the political or social influence;

a.b) interference by a judge in another judge’s activity in order to influence the case result;

b) an act that violates the principle of impartiality, in particular:

b.a) public expression by a judge of an opinion on a judicial proceeding, whereas, giving explanations by a judge with regard to the case-related organisational and technical issues for public awareness purposes shall not be deemed a disciplinary misconduct;

b.b) preliminary disclosure by a judge of the result of a case to be reviewed, except as provided for by the procedural law of Georgia;

b.c) violation by a judge of the requirements under Article 72¹(1) or Article 72²(1) of this Law;

b.d) refusal by a judge to challenge a case/recuse himself/herself from a case when there are clear grounds for challenging the case, as provided for by law;

b.e) a judge’s joining of a political union, his/her performance of political activities, public support of an electoral subject or public expression of the political opinion by a judge in any manner;

b.f) illegal interference by a judge in the distribution of cases in court;

b.g) public expression of an opinion by a judge in sheer violation of the principle of political neutrality. Scientific and/or analytical judgement of a judge about the judicial reform, the improvement of operation of the justice system and/or another issue regarding the development of law shall not be considered a sheer violation of the principle of political neutrality;

c) an act that violates the principle of integrity, in particular:

c.a) commission by a judge of a corruption offence, i.e. of an offence provided for by Articles 5, 5 ^{​ 2} , 7, 8, 10, 11, 13, 13 ^{​ 4} , 13 ^{​ 5}  or 20 ^{​ 4}  of the Law of Georgia on the Fight against Corruption;

c.b) hindrance by a judge to the conduct of a disciplinary proceeding;

d) an act that violates the principle of propriety, in particular:

d.a) establishment by a judge of private and intensive (friendly or family) communication with a party to the proceeding in a case he/she is to review, which causes partiality of the judge, and/or giving of a privilege to the party to the proceeding, if he/she had information about the party;

d.b) commission by a judge of sexual harassment;

d.c) disclosure by a judge of the secrecy of judicial deliberations;

e) an act that violates the principle of equality, in particular:

e.a) when exercising judicial powers, commission by a judge of any verbally or otherwise expressed discriminatory act against any person on any ground;

e.b) failure by a judge to respond to any verbally or otherwise expressed discriminatory act committed by an employee of the court administration or a party to the proceeding against another party to the proceeding, if the judge eye-witnessed the fact;

f) an act that violates the principle of competence and diligence, in particular:

f.a) material breach, without reasonable excuse, by a judge of the time limit set by the procedural law of Georgia. The excuse for the material breach of this time limit shall not be deemed unreasonable if the judge failed to observe the aforementioned time limit due to the objective circumstances (a multitude of cases, complexity of a case, etc.) directly related to the administration of justice;

f.b) showing of obvious disrespect by a judge for another judge, an employee of the court administration or a party to the proceeding;

f.c) failure by a judge to respond to the fact of violation of law, and of an alleged disciplinary misconduct provided for in this paragraph by another judge, an employee of the court administration or a party to the proceeding, if the judge eye-witnessed the fact;

f.d) failure by a judge to fulfil or improper fulfilment by him/her of an appropriate administrative power, in particular, of the duties of the head of the court, the judicial panel or the chamber;

g) any other act committed by a judge, which is not appropriate to the high status of a judge (an act (conduct) inappropriate to the high status of a judge committed within the court or outside it, and which obviously violates public order or universally recognised moral standards and thereby impairs the reputation of court or undermines the credibility of court).

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

Organic Law of Georgia No 2228 of 30 November 2022 – website, 15.12.2022

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 75² – Time limits of disciplinary proceedings

Disciplinary liability shall not be imposed on a judge if 3 years have passed since the day of his/her commission of a disciplinary misconduct till the initiation of disciplinary proceedings with regard to this misconduct, and 1 year has passed since the day of making the decision on imposing disciplinary liability on the judge.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75³ – A disciplinary penalty and a disciplinary action

1. The following shall be disciplinary penalties:

a) reproval; 

b) reprimand;

c) severe reprimand;

d) deduction of the salary in the amount of 5% to 20% within a maximum of 6 months;

e) dismissal of the chairperson of court, the first deputy or a deputy chairperson of court, the chairperson of the judicial panel or a chamber from office;

e¹) inclusion of a judge in an appropriate programme for his/her qualification upgrade;

f) dismissal of a judge from office. 

1¹) reproval, reprimand, severe reprimand or dismissal of a judge from office may only be applied as a basic disciplinary penalty.

1²) dismissal of the chairperson of court, the first deputy or a deputy chairperson of court, the chairperson of the judicial panel or a chamber from office, or deduction of the salary in the amount of 5% to 20% may be applied as both basic and additional disciplinary penalties.

2. Application to a judge with a private letter of recommendation shall be a disciplinary action.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁴ – Confidentiality of disciplinary proceedings

1. The process of disciplinary proceedings shall be confidential. A judge against whom disciplinary proceedings are in progress shall have the right to demand that the meetings of the Judicial Panel of Judges of General Courts of Georgia and of the Disciplinary Chamber of the Supreme Court of Georgia be public, and that the meeting held by the High Council of Justice of Georgia to make a decision under Article 75¹³ of this Law (except for the deliberations and decision-making procedures) be public. Duly authorised officials and public servants shall keep confidentiality of any information that has become known to them during disciplinary proceedings, except as provided for by this Law.

2. A decision on terminating, suspending or resuming disciplinary proceedings against a judge, and a decision under Article 75⁴¹(1)(e) of this Law shall be forwarded to the author of an appeal (application) and an appropriate judge within 5 days after it was made.

3. A decision on initiating disciplinary prosecution against a judge and imposing disciplinary liability on a judge, and decisions under Article 75⁴¹(1)(c) and (d) of this Law shall also be forwarded to the author of an appeal (application/notification) within 5 days after they were made if a general court has ceased to hear a case in relation to which disciplinary proceedings were conducted.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁵ – A reason for initiating disciplinary proceedings

1. A reason for initiating disciplinary proceedings against a judge may be the following:

a) a complaint or application of any person, except for an anonymous complaint or application; 

b) an explanatory note of another judge, a member of court or the High Council of Justice of Georgia or an officer of the administration of court or the High Council of Justice of Georgia with regard to the commission of a disciplinary misconduct by a judge;

c) a notification by an investigative body;

d) information disseminated through mass media, and information in the report and/or proposal of the Public Defender of Georgia with respect to an act committed by a judge that may be considered  as a disciplinary misconduct. 

2. The complaint (application) under paragraph 1(a) of this article shall comply with the sample form approved by the High Council of Justice of Georgia, and shall usually be filled out in a printed form. The complaint (application) can also be submitted in an electronic form. A complaint (application) shall be submitted to the Independent Inspector’s Office. The submission of a complaint (application) that fails to comply with the sample form approved by the High Council of Justice of Georgia may not become a ground for refusing to accept (register) it.

3. If the identity of a judge, the disciplinary case and/or the fact of alleged commission of a disciplinary misconduct is not specified in a complaint (application) under paragraph 1(a) of this article, the independent inspector shall establish an error for the person filing the complaint (application) and shall allow a time limit of a maximum of 5 days to eliminate the error. If the error is not eliminated within the aforementioned time limit, the complaint (application) shall not be reviewed.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁶ – Authority to initiate disciplinary proceedings against a judge

Disciplinary proceedings against a judge shall be initiated, and preliminary examination and investigation of a disciplinary case shall be conducted by the Independent Inspector. The Independent Inspector shall submit his/her reasoned opinions and ideas to the High Council of Justice of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75⁷ – Initiation of disciplinary proceedings and preliminary examination

1. The Independent Inspector shall, within one month after receiving a complaint, application or other information on committing a disciplinary misconduct by a judge, preliminarily examine the validity of this information. When performing the aforementioned procedure, the independent inspector shall use the standard of a reasonable belief as a basis. The period of preliminary examination may be extended by 2 weeks, and may be suspended if the preliminary examination cannot be conducted.

1¹. The Independent Inspector shall be authorised, when examining a complaint, an application or other information about the commission of disciplinary misconduct by a judge, to directly use the electronic database of the Legal Entity under Public Law – Public Service Development Agency, the electronic database of the Legal Entity under Public Law – National Agency of Public Registry, the electronic database of the Legal Entity under Public Law – Notary Chamber of Georgia, the electronic database of the Legal Entity under Public Law – National Bureau of  Enforcement , and the electronic database of the Legal Entity under Public Law – Revenue Service. Furthermore, at the time of examination, it shall be authorised to request from the Ministry of Internal Affairs of Georgia, through an interactive electronic system, within 10 days after application, information on the imposition of administrative penalties and previous convictions, and to search for the data on state border crossings and registration of a motor vehicle and a firearm directly through an automated search engine of the Ministry of Internal Affairs of Georgia. The Independent Inspector shall also be authorised to apply to the Ministry of Internal Affairs of Georgia with a reasoned letter for any other additional information, the decision on the issuance of which is made by the Ministry of Internal Affairs of Georgia under the legislation of Georgia.

1². If, when conducting preliminary examination and investigation of a disciplinary case, the independent inspector becomes convinced that elements of crime become evident in this case, he/she shall apply to the High Council of Justice of Georgia with a reasoned recommendation for it to make a decision on whether to refer the case materials to a prosecutor’s office of Georgia.

2. Circumstances not specified in the complaint, application or other information regarding commission of a disciplinary misconduct by a judge but were identified during the preliminary examination may serve as a basis for imposing disciplinary liability on the judge.

3. The disciplinary proceedings may not be re-initiated against the same judge on the same grounds that were used in the disciplinary proceedings.

4. Powers of the Independent Inspector during disciplinary proceedings shall be defined under this Law and relevant legal acts of the High Council of Justice of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁸ – Evaluation of the validity of grounds for initiating disciplinary prosecution against a judge

1. As a result of the preliminary examination, the High Council of Justice of Georgia shall evaluate the validity of the grounds for initiating disciplinary prosecution against a judge and shall, within the overall time limit determined under Article 75⁷(1) of this Law for conducting preliminary examination, make a reasoned decision, by a majority of the total number of members, to initiate disciplinary prosecution against the judge and to take explanations from the judge. When making this decision, the High Council of Justice of Georgia shall use the standard of a reasonable belief as a basis. If the said decision is made, it shall be considered that the disciplinary prosecution has been initiated against the judge from the moment this decision was made. If the High Council of Justice of Georgia fails to make the aforementioned decision, the disciplinary proceedings against the judge shall be terminated. A member of the High Council of Justice of Georgia who disagrees on this decision shall have the right to express his/her dissenting opinion in writing. The opinion shall be attached to the disciplinary case.

2. If the High Council of Justice of Georgia makes the decision to take explanations from a judge, the grounds for disciplinary prosecution must be specified in the decision and an appropriate subparagraph of Article 75 ^{​ 1} (8) of this Law must be indicated. Provision of an explanation shall be the right of a judge.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

Organic Law of Georgia No 3129 of 13 June 2023 – website, 27.6.2023

 

Article 75⁹ – Consolidation of disciplinary cases into one proceeding

The Independent Inspector and the High Council of Justice of Georgia shall be authorised, by its own decision, to consolidate two or more than two disciplinary cases conducted on different grounds against one judge into one proceeding.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75¹⁰ – Examination of a disciplinary case; challenge and recusal of the Independent Inspector

1. Investigation of a disciplinary case must be completed within one month from making the decision to take explanations from a judge.  If necessary, this period may be extended by not more than two weeks.

2. Written explanations shall be taken from a judge against whom a disciplinary proceeding is in progress. The Independent Inspector shall be authorised to take written explanations from the author of an appeal (application). The Independent Inspector shall be authorised to request all the information, documents and materials related to the fact of committing a disciplinary misconduct, and to invite another person to hear his/her information. The Independent Inspector shall consider a motion of a judge against whom disciplinary prosecution is in progress, and take additional explanations from the judge if he/she requests so. The judge shall have the right to defence during the investigation of a disciplinary case. He/she may invite a lawyer or another judge, or another representative to defend him/her.

3. Preliminary examination and investigation of a disciplinary case must be conducted objectively, comprehensively and impartially. Both the mitigating and the aggravating factors of the judge’s liability must be examined.

4. A judge shall have the right to challenge the Independent Inspector. The challenge must be substantiated. A motion of the judge must be granted if the suspicion of impartiality of the Independent Inspector in the given disciplinary case is grounded. If this ground exists, the Independent Inspector shall recuse himself/herself. The issue of challenging the Independent Inspector shall be reviewed by a panel of the High Council of Justice of Georgia consisting of 3 members (2 judicial members and 1 non-judicial member) to be selected by casting lots. If the motion of the judge is granted, the disciplinary case shall be investigated by a member of the High Council of Justice of Georgia to be identified under the procedure established by the Regulations of the High Council of Justice of Georgia. The issue of challenging this member of the High Council of Justice of Georgia shall be resolved under this paragraph. A member of the High Council of Justice of Georgia, who is to exercise the powers conferred on the Independent Inspector by this Law, shall not be involved in making the decision to impose disciplinary liability on the judge with regard to the given case. The period spent during the decision-making process with regard to challenging the Independent Inspector shall not be included in the disciplinary case investigation period.

5. During disciplinary proceedings, control over legality of the acts issued by a judge shall not be permitted.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75¹¹ – Suspension of disciplinary proceedings

1. Disciplinary proceedings shall be suspended if such an objective difficulty or obstacle arose during the investigation (illness of a judge against whom the disciplinary prosecution is in progress, or any other case) that makes the case investigation temporarily impossible. In this event, the Independent Inspector shall, by his/her decision, suspend the disciplinary proceeding. When the grounds for suspending the disciplinary proceeding are eliminated, the Independent Inspector shall resume the proceedings.

2. The period of suspending a disciplinary proceeding shall not be included in the period determined under this Law for the investigation of a disciplinary case, nor shall it be included in a one-year period determined for imposing disciplinary liability but it shall be included in a three-year period determined by this Law for imposing disciplinary liability.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75¹² – Grounds for refusing to initiate disciplinary proceedings against a judge or terminating disciplinary proceedings against a judge

1. The independent inspector shall make a substantiated decision to refuse to initiate disciplinary proceedings against a judge or terminate the disciplinary proceedings initiated against a judge if:

a) the time limit for imposing disciplinary liability, or imposing disciplinary liability (disciplinary penalty) on a judge has expired;

b) there is a decision made by the body conducting disciplinary proceedings against the same judge and for the same act;

c) judicial powers of a judge have been terminated;

d) the appeal concerns the validity of an act issued by a judge.

2. The High Council of Justice of Georgia shall make a reasoned decision to terminate disciplinary proceedings against a judge if, as a result of examination of the disciplinary proceedings, the fact of commission, or culpable commission of a disciplinary misconduct by the judge was not proved.

3. The decision of the independent inspector or the High Council of Justice of Georgia to terminate disciplinary proceedings against a judge shall be communicated to the respective judge and shall be published on the webpage of the High Council of Justice of Georgia without identifying information of the judge and other persons – parties to the disciplinary proceedings. If the aforementioned judge has requested that the disciplinary proceedings become public under Article 75⁴ of this Law, the decision of the High Council of Justice of Georgia to terminate disciplinary proceedings against the judge shall be published with identifying information of the judge.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75¹³ – Imposing disciplinary liability on, or terminating disciplinary proceedings against a judge

1. Following the disciplinary case investigation, the High Council of Justice of Georgia shall, within the overall time limit determined under Article 75¹⁰(1) of this Law for the investigation of a disciplinary case, make a reasoned decision, by not less than 2/3 of the total number of members, to impose disciplinary liability on a judge. If the High Council of Justice of Georgia fails to make such a decision, disciplinary proceedings against the judge shall be terminated. A member of the High Council of Justice of Georgia, who disagrees on this decision, shall have the right to express his/her dissenting opinion in writing to be attached to the disciplinary case.

2. The High Council of Justice of Georgia shall also be authorised to order the Independent Inspector to conduct additional investigation into the disciplinary case and give appropriate instructions. In this event, the time limit for investigation of the disciplinary case shall be extended by two weeks. This time limit may not be further extended. Following the investigation of the disciplinary case, this issue shall be put to vote again for the High Council of Justice of Georgia to make the decision.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

Organic Law of Georgia No 4218 of 29 May 2024 – website, 12.6.2024

 

Article 75¹⁴ – Decision on imposing disciplinary liability on a judge

1. The decision on imposing disciplinary liability on a judge must contain the summary of a disciplinary accusation filed against him/her. When making this decision, the High Council of Justice of Georgia shall use the standard of high degree of probability as a basis.

2. By the same decision, the High Council of Justice of Georgia shall appoint its representative to the Disciplinary Board of Judges of General Courts of Georgia to support the disciplinary accusation during the case hearing. The High Council of Justice of Georgia shall be authorised to appoint several representatives to support the disciplinary accusation, or replace its representative at any stage of the disciplinary proceedings.

3. A copy of the decision together with copies of the case materials shall be handed to the judge imposed with disciplinary liability. 

4. The judge imposed with disciplinary liability shall have the right, within 10 days after receiving a copy of the decision, to submit to the High Council of Justice of Georgia a written statement of defence with regard to the decision of the High Council of Justice of Georgia on imposing disciplinary liability on him/her and appropriate evidence. Within three days after the statement of defence is submitted by the judge or the time limit determined for submission of the statement of defence is expired, materials of the disciplinary case, together with the documents submitted by the judge, shall be forwarded to the Disciplinary Board of Judges of General Courts of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75¹⁵ – Making a decision on disciplinary matters by the High Council of Justice of Georgia

1. The High Council of Justice of Georgia shall make a decision on disciplinary matters under this Law and the procedure determined by the Regulations of the High Council of Justice of Georgia.

2. A meeting for considering a disciplinary matter shall be chaired by the chairperson of the High Council of Justice of Georgia.

3. The Secretary of the High Council of Justice of Georgia shall convene a meeting of the High Council of Justice of Georgia to consider a disciplinary matter.

4. The High Council of Justice of Georgia shall, at the meeting, consider the issue of imposing disciplinary liability on a judge, and the related materials. The High Council of Justice of Georgia shall invite a respective judge to the meeting. If the High Council of Justice of Georgia considers it necessary, the author of an appeal (application/notification) may be invited to the meeting. The High Council of Justice of Georgia shall hear the information and explanations of the invited persons.

5. If a judge admits the accusation, the High Council of Justice of Georgia shall make the decision to impose disciplinary liability on the judge and forwards the disciplinary case materials under the procedure determined by Article 75¹⁴(4) of this Law to the Disciplinary Board of Judges of General Courts of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 3262 of 21 July 2018 – website, 10.8.2018

 

Article 75¹⁶ – (Deleted)

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75¹⁷ – A body considering disciplinary cases and the legal basis for its activities

1. Disciplinary cases against judges of general courts of Georgia shall be considered by the Disciplinary Board of Judges of General Courts of Georgia (’the Disciplinary Board’).

2. The Disciplinary Board shall perform its activities under this Law and upon recommendation of the Disciplinary Board, under the procedure established by the Conference of Judges of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75¹⁸ – Binding nature of executing Disciplinary Board decisions

Execution of a Disciplinary Board decision shall be binding.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75¹⁹ – Procedure for setting up the Disciplinary Board

1. The Disciplinary Board shall consist of five members; three of them are the judges of general courts of Georgia, and two of them are not judges. The member judges of the Disciplinary Board shall be elected by the Conference of Judges of Georgia. Any judge attending the Conference of Judges of Georgia may nominate before the Conference of Judges a candidate for member of the Disciplinary Board.  The members of the Disciplinary Board that are not judges shall be elected by the Parliament of Georgia. The procedure and term for nominating candidates to the Parliament of Georgia, determining compliance with the established requirements, for considering and submitting them to a parliamentary plenary session, and electing them as members of the Disciplinary Board shall be determined by the Regulations of the Parliament of Georgia. A member of the Disciplinary Board shall be elected for a two-year term.

2. The Parliament of Georgia may elect as a Disciplinary Board member a citizen of Georgia who has higher legal education, at least 10-years’ experience of working in the profession, enjoys a high reputation and is a recognised expert in the field of law. A prior written consent of a candidate for membership shall be required when electing him/her as a Disciplinary Board member.

3. A Disciplinary Board member elected by the Parliament of Georgia may not hold any other position in public service  or be engaged in entrepreneurial activities, personally exercise powers of a member of a standing administrative, supervisory, monitoring, auditing or advisory body of an entrepreneurial entity, or be engaged in any paid activity other than scientific, pedagogical and creative activities.  He/she may not be a member of any political association and/or participate in political activities.

4. A Disciplinary Board member may not be:

a) the chairperson of the Supreme Court of Georgia, his/her first deputy or a deputy; the chairperson of a court, his/her first deputy or a deputy; the chairperson of a Board or a Chamber, or a person who has held any of such positions within the last one year;

b) a member of the High Council of Justice of Georgia.

5. A judge may not be a member of the Disciplinary Board if disciplinary liability and penalty have been imposed on him/her within the last five years for committing a disciplinary misconduct. 

6. The following shall be the grounds for terminating powers of a Disciplinary Board member:

a) his/her personal application;

b) entry into legal force of the final judgement of conviction against him/her;

c) termination of his/her Georgian citizenship; 

d) expiry of his/her term of office; 

e) recognising him/her as a person with limited legal capacity or a beneficiary of support by court, unless otherwise defined by the court judgment; 

f) his/her death; 

g) disclosure of confidential information about a disciplinary proceeding; 

h) commission of  a disciplinary misconduct; 

i) regular failures to fulfil his/her duties or their improper fulfilment;

j) holding of an incompatible position or engagement in incompatible activities. 

7. Violation of other standards of judicial ethics may be the grounds for terminating powers of a Disciplinary Board member.

8. A decision on terminating powers of a Disciplinary Board member shall be made respectively by the Parliament of Georgia, or the Conference of Judges of Georgia, which shall examine the grounds for terminating the powers of the Disciplinary Board member. They shall be authorised to invite a respective member to the session to hear his/her opinion. Under any of the circumstances specified in paragraph 6(a-f) of this article, the Parliament of Georgia or the Conference of Judges of Georgia shall accept the information on the existence of such circumstance for reference, without making a decision; and under any of the circumstances specified in paragraph 6(g-j) of this article, they shall put the decision on terminating the powers of a Disciplinary Board member to vote.  

9. The Disciplinary Board shall consider a disciplinary case of its member without participation of the member.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 3903 of 6 December 2018 – website, 14.12.2018

Organic Law of Georgia No 6858 of 15 July 2020 – website, 28.7.2020

 

Article 75²⁰ – Chairperson of the Disciplinary Board

The Chairperson of the Disciplinary Board shall be elected by the Disciplinary Board from among the member judges of the Board. The chairperson of the Disciplinary Board shall chair the Board meetings and shall exercise other powers defined under the legislation of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²¹ – Remuneration for fulfilment of duties

A Disciplinary Board member elected by the Parliament of Georgia shall be remunerated for fulfilling his/her duties within the budgetary funds allocated for general courts of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²² – Place of activity of the Disciplinary Board

The place of activity of the Disciplinary Board shall be the High Council of Justice of Georgia or a location specially allocated for it.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²³ – The Scope of case consideration by the Disciplinary Board

The Disciplinary Board shall have no right to go beyond the scope of a disciplinary accusation (facts of an accusation). It shall have no right either to propose for a substantive discussion at a Disciplinary Board meeting the facts or circumstances that do not directly relate to the disciplinary accusation brought against a judge, or to find a judge guilty of committing a disciplinary misconduct for which a disciplinary accusation has not been brought against him/her, and to impose disciplinary liability and penalty on him/her.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²⁴ – Principles of the Disciplinary Board activities

1. The Disciplinary Board shall consider a disciplinary case collegially. The Disciplinary Board shall be duly constituted if at least three Board members are present at its meeting. 

2. The Disciplinary Board shall consider a disciplinary case impartially and objectively on the basis of the adversarial principle and the principle of equality of arms.

3. A Disciplinary Board meeting shall be closed, and information related to a disciplinary case hearing shall be confidential, except as provided for by Article 75⁴ of this Law. A Disciplinary Board member and a person bringing a disciplinary accusation shall keep confidentiality of the information.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²⁵ – Time limit for considering a disciplinary case

The Disciplinary Board shall consider a disciplinary case not later than one month after it is received.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75²⁶ – Place for considering a disciplinary case

The Disciplinary Board shall consider a disciplinary case in a specially allocated room. A disciplinary case may not be considered in a courtroom.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²⁷ – Procedure for assigning disciplinary cases within the Disciplinary Board 

The Chairperson of the Disciplinary Board shall assign disciplinary cases according to the order of cases.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²⁸ – Withdrawal of a Disciplinary Board member from a disciplinary case

1. A Disciplinary Board member shall withdraw from a disciplinary case consideration if there is any such circumstance that will prevent him/her from considering the case impartially and objectively.

2. A Disciplinary Board member shall withdraw from a disciplinary case if a court ruling, order, or a private ruling issued by him/her or with his/her participation, or his/her explanatory note served as a basis for initiating disciplinary prosecution against a judge.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75²⁹ – Challenge of the Disciplinary Board

1. A judge on whom disciplinary liability is imposed and a representative of the High Council of Justice of Georgia shall have the right to challenge a Disciplinary Board member or a full complement of the Disciplinary Board if there is a ground under Article 75²⁸ of this Law for withdrawing a Disciplinary Board member from a disciplinary case. He/she shall provide the reason for the challenge and substantiate the challenge. The judge imposed with disciplinary liability shall also have the right to challenge a representative of the High Council of Justice of Georgia that has been appointed to support disciplinary charges in his/her case. 

2. A motion for challenging the Disciplinary Board, any of its member or a representative appointed to support an accusation shall be considered by the Disciplinary Board in the deliberations room.

3. A motion for a challenge must be granted if the suspicion of impartiality of a Disciplinary Board member, a full complement of the Board or a representative appointed to support an accusation is well-grounded.

4. Revocation or change by a Disciplinary Board member or a representative appointed to support a disciplinary accusation of a court judgment passed by a judge who was previously imposed with disciplinary liability shall not be considered the grounds for the impartiality and challenging of the Disciplinary Board member or the representative appointed to support the disciplinary accusation.

5. A motion for challenging a Disciplinary Board member must be granted if there are any of the circumstances defined under Article 75²⁸(2) of this Law. 

6. If a motion for a challenge is granted, the Disciplinary Board shall continue considering the case without the challenged member of the Disciplinary Board.

7. If the Disciplinary Board or a representative appointed to support an accusation is challenged, the period of adjourning a case hearing shall not be included within the time limit set by this Law for imposing a disciplinary penalty. 

8. If a motion for a challenge is denied, the Disciplinary Board shall continue hearing a case at the same meeting.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³⁰ – Termination of a disciplinary proceeding due to expiry of a statutory period

1. When receiving a disciplinary case, the Disciplinary Board shall, before starting the hearing, verify whether the period determined by this law for imposing disciplinary liability on a judge has expired.

2. If the period for imposing disciplinary liability on a judge has expired, the Disciplinary Board shall immediately make a decision on terminating the disciplinary proceeding, except when the period for imposing disciplinary liability on a judge expires due to a deliberate culpable delay by the judge imposed with disciplinary liability. The Disciplinary Board shall communicate this decision to the High Council of Justice of Georgia, and to a judge against whom the disciplinary prosecution is in progress.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³¹ – Suspension of a disciplinary proceeding due to the presence of elements of crime

1. When receiving a disciplinary case, the Disciplinary Board shall, before starting the case hearing, verify whether an action that served as a basis for imposing disciplinary liability on a judge contains elements of crime.

2. If, based on the disciplinary case materials, the presence of elements of crime in the action of a judge is evident, the Disciplinary Board shall not start hearing the case, but it shall suspend the disciplinary proceedings, forward the case materials to an appropriate body and inform the judge against whom disciplinary prosecution is in progress, and the High Council of Justice of Georgia.

3. If criminal prosecution is not initiated and/or the judgment of conviction is not issued against a judge, except as provided for in Article 75⁴²(1)(d) of this Law, the Disciplinary Board shall, after receiving relevant information, resume the disciplinary proceeding suspended unless the time limit for imposing disciplinary liability is expired.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³² – Preparation of a disciplinary case for consideration

1. The Disciplinary Board, which was assigned to consider a disciplinary case, shall preliminarily familiarise with the case and fix the date for hearing it by the Board.

2. The Disciplinary Board shall promptly notify the High Council of Justice of Georgia and its representative, and the judge against whom the disciplinary case is in progress, of the place, date and time of the hearing.

3. The Disciplinary Board shall summon witnesses and other persons to participate in a case hearing, and shall notify them of the place, date and time of the hearing.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³³ – Consideration of a case by the Disciplinary Board

1. The Disciplinary Board shall consider a disciplinary case at a Disciplinary Board meeting. The Chairperson of the Disciplinary Board, and a reporting member in his/her absence, shall chair the meeting. 

2. The chairperson of the Disciplinary Board meeting shall open the Board meeting. 

3. Consideration of a disciplinary case shall commence with a report by one of the Board members, which lists stages of the disciplinary proceeding and appropriate factual circumstances in a chronological order. 

4. After the report, the floor shall be given to the parties: first to a representative of the High Council of Justice of Georgia for bringing a disciplinary accusation, and later, to a judge imposed with disciplinary liability to re-join. The judge imposed with disciplinary liability shall have the right to defence. He/she may invite a lawyer or another judge, or another representative to defend him/her.

5. The parties shall have the right to fully express and appropriately maintain their positions, exchange questions, present written and other types of evidence, file motions for publishing various documents, materials or information, or for hearing information of persons invited to the meeting, for requesting additional documents or inviting additional persons and hearing their information, for withdrawing a respective legal case, and to take other actions. The motions shall be considered by the Disciplinary Board. 

6. The Disciplinary Board shall be authorised to question the parties, or persons invited to participate in the case hearing, request additional documents, materials or information, additionally invite other persons to hear their information, adjourn the case hearing by not more than two weeks, and take other actions.

7. A person bringing a disciplinary accusation shall only bring a disciplinary accusation and substantiate it. He/she may not demand that a certain disciplinary penalty and a disciplinary action be imposed on a judge.

8. The minutes of a meeting shall be drawn up at the Disciplinary Board meeting.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³⁴ – Ensuring the equality of parties

1. The Disciplinary Board shall provide the parties with equal conditions and opportunities to express and maintain their positions. 

2. Disciplinary Board members may not hold prior meetings with, or obtain any information from any party in the absence of the other party, or without communicating the summary of the information to it, unless it relates to an organisational aspect of the case. 

3. A Disciplinary Board member shall, before and during a case hearing, refrain from expressing his/her attitude or predisposition in favour of either party, which may raise doubts about the impartiality of the Disciplinary Board.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³⁵ – Mandatory participation of the parties in a disciplinary case hearing 

1. During a disciplinary case hearing, participation of a judge imposed with disciplinary liability and a representative of the High Council of Justice of Georgia in a Disciplinary Board meeting shall be mandatory. If either of the parties to the disciplinary case fails to appear at the Disciplinary Board meeting, the Disciplinary Board shall adjourn the disciplinary case hearing by not more than two weeks. This time limit shall not be included in a one-month period for considering a disciplinary case by the Disciplinary Board. 

2. If it is proved that a judge imposed with disciplinary liability evades a Disciplinary Board meeting or fails to appear at a Disciplinary Board meeting due to an unreasonable excuse, the Disciplinary Board shall be authorised to consider the case in absentia, to find him/her guilty if there are appropriate grounds for it, and impose disciplinary liability and penalty on him/her.

3. If a judge imposed with disciplinary liability fails to attend a Disciplinary Board meeting due to a severe illness or another force majeure circumstance, the Disciplinary Board shall be authorised, by its decision, to suspend the disciplinary proceeding for up to three months. This time limit shall not be included in a one-year period for imposing disciplinary liability on a judge, but shall be included in a five-year period set by this Law for imposing disciplinary liability. If the grounds for suspending the disciplinary proceeding are not cleared within the three-month period, the Disciplinary Board shall be authorised to consider the case in the absence of the judge imposed with disciplinary liability.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75³⁶ – Decision of the Disciplinary Board in the case of withdrawing a disciplinary accusation from a judge, or admitting a disciplinary accusation by a judge 

1. A representative of the High Council of Justice of Georgia may, based on a decision of the High Council of Justice of Georgia, at any stage of considering a disciplinary case (before the Disciplinary Board goes into the deliberations room), withdraw a disciplinary accusation from the judge brought against him/her. In this event, the Disciplinary Board shall terminate the disciplinary case hearing regardless of its stage and consequently, the disciplinary case. 

2. A judge imposed with disciplinary liability shall have the right to fully admit the disciplinary accusation before case hearing, and ask the Disciplinary Board to make a decision on finding him/her guilty and imposing disciplinary liability and penalty on him/her without hearing the disciplinary case on the merits. The Disciplinary Board shall grant a motion of the judge and make an appropriate decision.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³⁷ – Temporary suspension of a case hearing by the Disciplinary Board

1. If, before completing a disciplinary case hearing, the Disciplinary Board receives another disciplinary case initiated against the same judge, the Disciplinary Board shall temporarily suspend the former disciplinary case hearing, consolidate both disciplinary cases, consider them as a whole and, in case the judge is found guilty of committing two or more than two disciplinary misconducts, impose disciplinary liability on him/her under the procedure established by Article 75⁴⁷(2) of this Law.

2. The Disciplinary Board shall also temporarily suspend a case hearing in other situations under this Law.

3. The period of temporary suspension of a disciplinary case shall not be included in a one-month period for considering the disciplinary case by the Disciplinary Board.

4. After the grounds for suspending a disciplinary case hearing are cleared, the Disciplinary Board shall resume the case hearing.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75³⁸ – Noncompliance with the principle of continuity of the proceeding 

The principle of continuity of the proceeding shall not be applicable to disciplinary proceedings. If a disciplinary case hearing is adjourned or temporarily suspended, Disciplinary Board members may consider another disciplinary case and resume consideration of the adjourned or temporarily suspended case later. They may consider a disciplinary case regardless of whether they participate in consideration of other (criminal, civil or other cases) cases.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75³⁹ – Making a substantive decision on a case 

The Disciplinary Board shall determine whether a judge has committed an action for which a disciplinary accusation was brought against him/her, and whether this action constitutes a disciplinary misconduct under this Law. The Disciplinary Board shall also determine whether a judge was culpable when a disciplinary misconduct was committed. Only under all three circumstances, the Disciplinary Board shall be authorised to make a decision on finding the judge guilty and imposing disciplinary liability and penalty on him/her. The Disciplinary Board may reclassify the action of a judge to replace it with any other disciplinary misconduct under Article 75¹ of this Law.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁴⁰ – Making a decision by the Disciplinary Board 

1. The Disciplinary Board shall make a decision in the deliberations room. 

2. A decision of the Disciplinary Board shall be considered to have been made if supported by a majority of the Board members present.

3. A decision of the Disciplinary Board shall be made in writing and shall be signed by the Board members.

4. A Disciplinary Board member, who disagrees with a decision made in relation to a disciplinary case, shall formulate his/her opinion in writing to be attached to the case file.

5. A decision of the Disciplinary Board may be appealed by way of filing a complaint with the Disciplinary Board.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁴¹ – Types of the Disciplinary Board decisions

1. The Disciplinary Board shall be authorised to pass one of the following decisions on:

a) suspending a disciplinary proceeding; 

b) terminating a disciplinary proceeding; 

c) finding a judge guilty of committing a disciplinary misconduct and imposing disciplinary liability and penalty on him/her;

d) finding a judge guilty of committing a disciplinary misconduct, imposing disciplinary liability on the judge and applying to the judge with a private recommendation letter;

e) acquitting a judge. 

2. Decisions under paragraph 1(c-e) of this article shall be made only after consideration of a disciplinary case on the merits is completed, except as provided for in Article 75³⁶(2) of this Law.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁴² – Decision of the Disciplinary Board on terminating a disciplinary proceeding

1. The Disciplinary Board shall make a decision on terminating a disciplinary proceeding if: 

a) the period for imposing a disciplinary penalty on a judge has expired; 

b) the High Council of Justice of Georgia has withdrawn a disciplinary accusation from the judge; 

c) a judge against whom disciplinary prosecution has been initiated resigns before the disciplinary proceeding is completed, or his/her judicial powers are terminated;

d) based on the materials forwarded by the Disciplinary Board, criminal prosecution has not been initiated against a judge because the guilt of a judge or the facts upon which the disciplinary accusation was based were not confirmed.  

2. The Disciplinary Board may make a decision on terminating a disciplinary proceeding only before consideration of a case on the merits is completed, before the Disciplinary Board goes into the deliberations room.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁴³ – Decision of the Disciplinary Board on temporarily suspending a disciplinary proceeding 

1. The decision on temporarily suspending a disciplinary proceeding shall be made by the Disciplinary Board in the cases under Article 75 ^{​ 3 7}  of this Law.

2. A disciplinary proceeding may be temporarily suspended only before consideration of a case on the merits is completed, before the Disciplinary Board goes into the deliberations room.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁴⁴ – Decision of the Disciplinary Board on finding a judge guilty of committing a disciplinary misconduct, imposing disciplinary liability on him/her or on applying to a judge with a private recommendation letter

1. The Disciplinary Board shall make a decision on finding a judge guilty of committing a disciplinary misconduct, imposing disciplinary liability on him/her or on applying to him/her with a private recommendation letter if culpable commission of the disciplinary misconduct under this Law by the judge has been proved, by inter-compatible and irrefutable evidence collectively, during hearing a disciplinary case by the Disciplinary Board but, because of a minor significance of the infringement, insignificant degree of the guilt or other grounds (due to sensitivity of the matter or another reason, consideration of the judge’s personality), the Disciplinary Board considers inappropriate to impose disciplinary penalty on the judge and deems it sufficient to apply to him/her with a private recommendation letter.

2. A private recommendation letter shall be a letter of the Disciplinary Board to a judge having committed a disciplinary misconduct, in which the commission of the disciplinary misconduct by the judge is negatively evaluated. A private recommendation letter shall also contain a recommendation of the Disciplinary Board on the elimination of an infringement, the difficulties associated with the fulfilment of judge’s duties and the ways and means of solving the problems.

3. The content of a private recommendation letter shall be confidential. The private recommendation letter shall only be forwarded to a judge having committed a disciplinary misconduct, the High Council of Justice of Georgia and the author of an appeal (application/notification). The author of the appeal (application/notification) shall sign a letter regarding the non-disclosure of the content of the private recommendation letter. A copy of the private recommendation letter may not be forwarded to another body or official. A copy of the private recommendation letter shall be attached to the disciplinary case in a sealed package. This package may be opened only during a disciplinary case hearing by the Disciplinary Board when a disciplinary misconduct is repeatedly committed by the judge.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁴⁵ – Decision of the Disciplinary Board on acquitting a judge 

The Disciplinary Board shall make a decision on acquitting a judge if the commission of a disciplinary misconduct under this Law or its culpable commission by the judge has not been proved as a result of a case hearing.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁴⁶ – Decision of the Disciplinary Board on finding a judge guilty of committing a disciplinary misconduct and imposing disciplinary liability and disciplinary penalty on him/her

The Disciplinary Board shall make a decision on finding a judge guilty of committing a disciplinary misconduct and imposing disciplinary liability and disciplinary penalty on him/her, if culpable commission of one or several disciplinary misconducts under this Law by the judge has been proved, by inter-compatible and irrefutable evidence collectively, as a result of the disciplinary case hearing by the Disciplinary Board and the Disciplinary Board deems it appropriate to impose  disciplinary liability on him/her under the procedure established by Article 75^{47 ​} (2) of this Law.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁴⁷ – General procedure for imposing a disciplinary penalty and a disciplinary action 

1. A disciplinary penalty and a disciplinary action shall be imposed by following the principle of independence of a judge and non-interference in the activities of a judge. When selecting a disciplinary penalty and a disciplinary action for a judge, the Disciplinary Board shall consider the nature and gravity of a disciplinary misconduct, consequences it entailed or may have entailed, and degree of the guilt.

2. Usually, the Disciplinary Board may apply only one, basic disciplinary penalty. In a special case, when only a basic disciplinary penalty cannot ensure achievement of the goal of disciplinary liability, the Disciplinary Board may apply an additional disciplinary penalty provided for by Article 75³(1²) of this Law along with the basic disciplinary penalty. A disciplinary action shall be applied only individually.

3. If a penalty imposed for a previously committed disciplinary misconduct has not been expunged, a more severe disciplinary penalty shall usually be imposed on a judge.

4. If, within 6 months of applying to a judge with a private recommendation letter, the judge commits the similar disciplinary misconduct for which the above disciplinary action was imposed on him/her, the Disciplinary Board shall consider imposing a disciplinary penalty on him/her.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁴⁸ – Imposition of a disciplinary penalty on a judge

1. For a disciplinary misconduct provided for by this Law, the disciplinary penalties under Article 75³(1) of the same Law shall usually be applied in the respective order, except when the type of a disciplinary misconduct requires that a more stringent disciplinary penalty be applied.

2. A disciplinary penalty provided for by Article 75³(1)(f) of this Law shall not be applied against a judge of the Supreme Court.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75⁴⁹ – (Deleted)

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75⁵⁰ – Decision of the Disciplinary Board on dismissing a judge from the post

1. The Disciplinary Board shall take into account that dismissal of a judge from the post is a measure of last resort, and this measure shall be applied in a special situation. The Disciplinary Board shall make a decision on dismissing a judge from the post if, based on the gravity and number of a specific disciplinary misconduct, and considering a previously committed disciplinary misconduct, it deems it inappropriate that this judge continue to exercise his/her judicial powers.

2. If a disciplinary penalty – a severe reprimand – was imposed on a judge, individually or in combination with a statutory disciplinary action, for a previously committed disciplinary misconduct and this penalty is not expunged, the Disciplinary Board shall consider the dismissal of this judge from the post when selecting a disciplinary penalty for a new disciplinary misconduct.

3. From the moment of making the decision to dismiss a judge from the post by the Disciplinary Board, the judge must be withdrawn from hearing a case and exercising other official powers under the procedure established by law.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁵¹ – Contents of a Disciplinary Board decision

The following information shall be indicated in a decision of the Disciplinary Board: 

a) the name of the Disciplinary Board;

b) the list of members of the Disciplinary Board;

c) the time for a disciplinary case hearing;

d) the first name, surname and position of a judge imposed with disciplinary liability;

e) the name and surname of an official initiating disciplinary proceedings and the name of a body imposing disciplinary liability on a judge;

f) the dates of initiating disciplinary proceedings and imposing disciplinary liability;

g) the circumstances of a disciplinary case;

h) the content of a disciplinary accusation and explanations of a judge;

i) the factual and legal grounds for a decision made; the content and motivation of the decision;

j) a type of a disciplinary misconduct for which disciplinary liability is imposed on a judge, and types of a disciplinary penalty and a disciplinary action;

k) the grounds for terminating disciplinary proceedings, acquitting a judge, applying to a judge with a private recommendation letter, or for a recommendation to dismiss him/her from the post.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁵² – Submission of a copy of a Disciplinary Board decision

1. Copies of a Disciplinary Board decision on a disciplinary case shall be submitted to a judge in relation to whom the decision was made, the High Council of Justice of Georgia and the Conference of Judges of Georgia within five days after the decision is made. Copies of the above decision shall be submitted, within the same time limit, to the author of an appeal (application/notification) if a general court has ceased to consider the case with respect to which a disciplinary proceeding was conducted.

2. A copy of the Disciplinary Board decision must be attached to the personal file of a judge.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁵³ – Minutes of a Disciplinary Board meeting and its content

1. The minutes of a Disciplinary Board meeting shall include the date of a Disciplinary Board meeting, its start time, the course of the meeting, the list of the Disciplinary Board members, first names and surnames of the parties, their views, evidences and respective substantiation they have presented, the essence of motions they have filed and the results of considering them, first names and surnames of persons invited to the meeting and their information, the content of the Disciplinary Board decision, and the closing time of the meeting.

2. The minutes of the meeting shall be signed by the chairperson of the Disciplinary Board meeting and the secretary of the meeting.

3. The minutes of the Disciplinary Board meeting shall be attached to the disciplinary case.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁵⁴ – Appeal of decisions of the Disciplinary Board and the Ethics Commission of the Georgian Bar Association

1. A Disciplinary Board decision may be revised by appealing it to the Disciplinary Chamber of the Supreme Court (‘the Disciplinary Chamber’). Only the decisions under Article 75⁴¹(1)(b-e) of this Law may be appealed. The parties to a disciplinary case shall have the right of appeal. 

2. An appeal against a Disciplinary Board decision shall be filed with the Disciplinary Board within 10 days. This time limit may not be extended (recovered) and it shall be counted from the moment of submitting the Disciplinary Board decision to a party. The moment of submission of the decision shall be the delivery of a copy of the decision to the party right at the Disciplinary Board or its sending by post.

3. A decision to appeal a Disciplinary Board decision shall be made by the High Council of Justice of Georgia at its meeting, by a majority of the total number of members. The High Council of Justice of Georgia shall appeal a Disciplinary Board decision through its representative.

4. A judge imposed with disciplinary liability shall appeal a Disciplinary Board decision personally or through his/her defence lawyer or another representative.

5. Within five days after receiving an appeal from either or both parties to a disciplinary case, the Chairperson of the Disciplinary Board shall submit the disciplinary case, along with the appeals received, to the Disciplinary Chamber, and shall notify the parties to the disciplinary case. 

6. A state duty shall not be paid for an appeal filed against a Disciplinary Board decision.

7. A decision of the Ethics Commission of the Georgian Bar Association on imposing a disciplinary penalty on a lawyer may be appealed by the lawyer to the Disciplinary Board within one month after the decision is submitted to him/her.

8. The Disciplinary Board shall consider the appeal of the lawyer under the procedure established by this article, Articles 75⁵⁵–75⁶⁸ of this Law and Article 35¹ of the Law of Georgia on Lawyers.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁵⁵ – The Content of an appeal

1. An appeal must include: 

a) the name of the Disciplinary Chamber;

b) the name and address of a person filing the appeal, and the name and address of the opponent;

c) the exact title of a decision appealed, and the name of a body that has made this decision;

d) the reference made in relation to a section of the decision appealed;

e) the reference made in relation to the grounds for appealing (reasons of appeal) and the explanation of whether a person filing the appeal demands that the decision be revoked (application for appeal);

f) the reference in relation to the facts and evidence confirming the non-compliance with the procedural standards if the appeal is based on the non-compliance with the procedural standards;

g) the list of the written materials attached to the appeal;

h) the signature of a person filing the appeal.

2. An appeal filed by a representative must be accompanied by a power of attorney that verifies the authority of the representative to file an appeal if such document verifying this authority is not present in the case file.

3. The appeal and other additionally received materials shall be submitted to the court in as many copies as the number of parties to the case.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁵⁶ – Verification of the admissibility of an appeal 

1. The Disciplinary Chamber shall, within 5 days after an appeal is received, check whether the appeal is filed in compliance with the requirements of Article 75⁵⁵ of this Law. If the appeal complies with the requirements of the aforementioned article, the Disciplinary Chamber shall admit it.

2. If an appeal fails to comply with the requirements of Article 75⁵⁵of this Law, the Disciplinary Chamber shall order a person submitting the appeal to eliminate the error, for which it allows a reasonable time limit for him/her (not more than 5 days). If the error is not eliminated within this time limit, or if the appeal is not filed within the statutory period, the appeal shall be dismissed without prejudice.

3. The Disciplinary Chamber shall resolve the issue under this article without oral hearing.

4. Copies of an appeal and materials attached must be forwarded to the opponent. The Disciplinary Chamber may fix a time limit for the opponent to respond to the appeal in writing.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁵⁷ – Refusal to appeal a decision and waiver of an appeal 

1. If, after the decision is announced, a party refuses to appeal the decision at the Disciplinary Board in writing, the appeal shall not be admitted.

2. When a case is considered by the Disciplinary Chamber, an appeal may be waived before the decision is made. When an appeal is waived, a party shall be deprived of the right to appeal the decision again.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁵⁸ – Period for consideration of a case; fixing the time for consideration of a case 

1. The Disciplinary Chamber shall consider a disciplinary case within 15 days after admission of an appeal. Under objective circumstances, consideration of the disciplinary case may be extended only once by the Chairperson of the Supreme Court by 15 days.

2. By the ruling on admitting an appeal, the Disciplinary Chamber shall fix the time for an oral hearing of the case and shall notify the parties within three days after the ruling is made.

3. The Disciplinary Chamber shall ensure that the parties/participants be invited to take part in the meeting of the Disciplinary Chamber.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁵⁹ – The scope of consideration of an appeal by the Disciplinary Chamber and principles of its activity

1. The Disciplinary Chamber shall verify a Disciplinary Board decision within the scope of an appeal in terms of both factual and legal aspects, and the lawfulness of a penalty imposed.

2. Consideration of a case by the Disciplinary Board in violation of legal procedures may only serve as a basis for revoking the decision if it has resulted in making a substantively incorrect decision on the case.

3. When considering an appeal, the Disciplinary Chamber shall conduct its activity in compliance with the principles under Article 75²⁴(2) and (3) of this Law.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶⁰ – Consideration of a case by the Disciplinary Chamber

1. An appeal against a Disciplinary Board decision shall be considered at a meeting of the Disciplinary Chamber. The meeting shall be chaired by the chairperson of the Disciplinary Chamber, or by another member of the Chamber – as assigned by the chairperson. 

2. The chairperson of the meeting of the Disciplinary Chamber shall open the meeting and announce the case to be considered.

3. The secretary of the meeting of the Disciplinary Chamber shall report on who of the people invited to a case in question has appeared, and whether those absent have been notified of the meeting and what information is available on the reasons of their absence. The Disciplinary Chamber shall identify those present, and verify the powers of the representatives.

4. The chairperson of the meeting shall explain to the parties and their representatives their rights and duties.

5. The chairperson of the meeting shall announce the members of the Disciplinary Chamber, the first name and surname of the secretary of meeting, and explain to the parties that they may challenge if the challenge was not made on the basis of a reasonable excuse before consideration of the case at the meeting, or if other members of the court are considering the case and not those that were known at a preparation stage of the case.

6. The chairperson of the meeting shall ask the parties whether they have motions or statements that failed to be announced before the meeting.

7. Parties to the proceedings shall keep order and obey instructions of the chairperson of the meeting. If the order is disturbed, the chairperson shall warn the disturber.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶¹ – Hearing of a case on the merits

1. Hearing of a case on the merits shall commence with a judge reporting on the case, which must be based on the case materials presented.

2. After the judge’s reporting on the case, the chairperson of the meeting shall give the floor to the parties for explanations.

3. The first person to provide explanations shall be the author of an appeal/representative, in particular, what is his/her claim, what are the circumstances the claim is based on, how can he/she prove the circumstances, whether he/she still supports the claim, and whether he/she intends to waive the appeal, etc.

4. After that the court shall hear explanations of the opponent/representative on whether he/she admits the appeal, etc.

5. If only one party appears at the meeting, the Chamber shall accept explanations from the party present.

6. With the permission of the chairperson of the meeting, each party can ask a question to the opponent and its representative. If the question goes beyond the subject of hearing and does not intend to examine and establish a circumstance of the case, the chairperson of the meeting can, at the request of a party or on his/her own initiative, disallow the question.

7. Members of the Disciplinary Chamber shall have the right ask questions to the parties, thus contributing to complete and precise establishment of the circumstances significant to the resolution of a case, and verification of their credibility.

8. Hearing of arguments shall consist of speeches made by the parties and their representatives. The author of an appeal and his/her representative shall be the first to make a speech, and then the opponent and his/her representative.

9. After each party to arguments makes his/her speech, the chairperson of the meeting shall allow the parties to make replications.

10. After the arguments, the Disciplinary Chamber shall inform the parties that it retires to make a decision.

11. After returning from the deliberations room, the chairperson of the meeting shall announce the decision made, explain the grounds for making this decision, and shall close the meeting afterwards.

12. The minutes of the meeting of the Disciplinary Chamber shall be drawn up to be signed by the chairperson of the meeting and the secretary of the meeting.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶² – Decision of the Disciplinary Chamber

1. The Disciplinary Chamber shall make a decision by a majority of votes.

2. A member of the Disciplinary Chamber may not abstain from voting when making a decision.

3. The decision by the Disciplinary Chamber shall include the content of the Disciplinary Board decision and the appeals admitted, the results of considering an issue at the Disciplinary Chamber, and the essence and substantiation of the decision made.

4. The decision of the Disciplinary Chamber shall be final and shall not be subject to appeal.

5. The Disciplinary Chamber may, at the request of the parties or on its own initiative, correct inaccuracies or obvious arithmetic mistakes in the decision if it deems it appropriate to make corrections. The ruling on making corrections to the decision shall not be appealed.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶³ – Types of a Disciplinary Chamber decision

The Disciplinary Chamber shall be authorised to make one of the following decisions on:

a) upholding a Disciplinary Board decision if an appeal concerns decisions under Article 75⁴¹(1)(b-e) of this Law;

b) changing a Disciplinary Board decision if an appeal concerns decisions under Article 75⁴¹(1)(c) and (d) of this Law;

c) revoking a Disciplinary Board decision and making a new decision if the issue concerns decisions under Article 75⁴¹(1)(b-e) of this Law;

d) revoking a Disciplinary Board decision and remitting a case for reconsideration.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶⁴ – Grounds for upholding a Disciplinary Board decision

1. The Disciplinary Chamber shall make a decision to uphold a Disciplinary Board decision if it is proved that the Disciplinary Board has lawfully acquitted a judge or terminated disciplinary proceedings against him/her, or it has provided a proper legal classification of a disciplinary misconduct determined at a Board meeting, and moreover, it has imposed a lawful and fair disciplinary penalty or disciplinary action on a judge.

2. To uphold a Disciplinary Board decision, it is mandatory that, along with the presence of circumstances under paragraph 1 of this article, the facts considered to have been established by the Disciplinary Board (committing a respective disciplinary misconduct, grounds for terminating a disciplinary case or acquitting a judge) are also established at a meeting of the Disciplinary Chamber.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶⁵ – Grounds for changing a Disciplinary Board decision

1. The Disciplinary Chamber shall make a decision to change a Disciplinary Board decision if:

a) the Disciplinary Board has provided improper legal classification of actions committed by a judge and failed to determine correctly which disciplinary misconduct under Article 75¹ of this Law the judge committed. The Disciplinary Chamber shall be authorised to re-classify the action of the judge as any disciplinary misconduct under Article 75¹ of this Law, and to find the judge guilty also for committing another disciplinary misconduct under this Law if the factual circumstances of a disciplinary accusation include it;

b) the Disciplinary Board has applied an unlawful, unfair or inappropriate disciplinary penalty/penalties or disciplinary action. In this case, the Disciplinary Chamber may:

b.a) uphold a disciplinary penalty/penalties, remove a disciplinary action from, or impose a disciplinary action on a judge;

b.b) change a disciplinary penalty/penalties and uphold a disciplinary action;

b.c) change a disciplinary penalty/penalties or apply a disciplinary action under Article 75³(2) of this Law;

b.d) replace a disciplinary action with any disciplinary penalty/penalties .

2. If the circumstances under paragraph 1(a) and (b) of this article are present at the same time, the Disciplinary Chamber shall make a decision to change the classification of a disciplinary misconduct committed by a judge, the disciplinary penalty or disciplinary action imposed on the judge, and consequently, to change the Disciplinary Board decision in this part.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁶⁶ – Grounds for revoking a Disciplinary Board decision and making a new decision

The Disciplinary Chamber shall make a decision on revoking a Disciplinary Board decision if the Disciplinary Board has unlawfully acquitted a judge, or unlawfully terminated a disciplinary case initiated against him/her, or unlawfully imposed disciplinary liability on him/her and applied a disciplinary penalty or a disciplinary action. Upon revocation of the Disciplinary Board decision, the Disciplinary Chamber shall be authorised to make any decision under Article 75⁴¹ of this Law, except for a decision under paragraph 1(a) of this article.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶⁷ – Grounds for revoking a Disciplinary Board decision and remitting a case for reconsideration

The Disciplinary Chamber shall make a decision on revoking a Disciplinary Board decision and remitting a case for reconsideration if:

a) the case was considered by the Disciplinary Board comprised of illegitimate members;

b) the Disciplinary Board considered the case in the absence of either of the parties that was not notified of the meeting;

c) the decision has been made on the basis of a case hearing when the confidentiality rules of proceedings were violated;

d) the decision is not legally sufficiently substantiated, or the substantiation is so incomplete that the validity of the decision cannot be verified;

e) the decision is not signed by the chairperson or the secretary of the meeting;

f) the minutes of a Board meeting is not included in a case file.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶⁸ – The form of a Disciplinary Chamber decision

1. A decision made by the Disciplinary Chamber on a disciplinary case shall be drawn up in writing. It shall be signed by the members of the Disciplinary Chamber.

2. Copies of the Disciplinary Chamber decision shall be forwarded to the High Council of Justice of Georgia, parties to the proceeding, their representatives and the author of an appeal (application/notification).

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁶⁹ – Enforcement of a decision made in relation to a disciplinary case

1. The High Council of Justice of Georgia or the Chairperson of the Supreme Court of Georgia shall be responsible for the enforcement of a disciplinary penalty and a disciplinary action within their powers.

3. A Disciplinary Board decision shall enter into legal force after the period for appeal expires, and a Disciplinary Chamber decision shall enter into legal force immediately.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷⁰ – Enforcement of the decision on dismissing the chairperson of court, first deputy or a deputy chairperson, and the chairperson of the Judicial Panel or Chamber

When applying the dismissal of the chairperson of court, first deputy or a deputy chairperson and the chairperson of the Judicial Panel or Chamber as a disciplinary action, the Disciplinary Board or the Disciplinary Chamber shall submit its legally effective decision for enforcement to an appropriate body or official; in particular, to the Plenum of the Supreme Court of Georgia if it refers to deputy chairpersons of the Supreme Court of Georgia, and to the High Council of Justice of Georgia – in all other event.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷¹ – Enforcement of a decision on dismissing a judge

When imposing the dismissal of a judge as a disciplinary penalty, the Disciplinary Board or the Disciplinary Chamber shall submit its legally effective decision for enforcement to the High Council of Justice of Georgia.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷² – Dismissal of a judge

1. (Deleted – 30.12.2021, No 1346).  

2. On the basis of a legally effective decision of the Disciplinary Board or the Disciplinary Chamber on dismissing a judge and an appropriate recommendation, the High Council of Justice of Georgia shall dismiss the judge within 10 days after receiving the recommendation.

3. A person who has been dismissed from the position of a judge under the procedure determined by this Law for committing a disciplinary misconduct shall lose the right to be entitled to a state compensation under Article 70 of this Law.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 1346 of 30 December 2021 – website, 13.1.2021

 

Article 75⁷³ – Publication of the Disciplinary Board and the Disciplinary Chamber decisions

1. Decisions of the Disciplinary Board and the Disciplinary Chamber without identifying information of a judge, unless the judge himself/herself requires the disciplinary proceeding be public, shall be published on an official webpage upon their entry into legal force. A decision on dismissing a judge shall be published in full.

2. Copies of the legally effective decisions of the Disciplinary Board and the Disciplinary Chamber shall be handed to any person upon request.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷⁴ – Obligation of a member of the Disciplinary Board and a member of the Disciplinary Chamber to keep confidentiality of information concerning a disciplinary case

1. A member of the Disciplinary Board and a member of the Disciplinary Chamber shall keep confidentiality of information concerning a disciplinary case, except when a judge has required the disciplinary proceeding be public under Article 75⁴(1) of this Law, and the secrecy of meeting. This obligation shall not apply to information included in the legally effective decisions of the Disciplinary Board and the Disciplinary Chamber.

2. Failure to follow the procedure under paragraph 1 of this article shall be considered a disciplinary misconduct under Article 75¹(8)(d.c) of this Law, and shall become a ground for withdrawing a judge from membership of the Disciplinary Board or the Disciplinary Chamber, and it may also become a ground for imposing disciplinary liability on him/her.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

Organic Law of Georgia No 5569 of 13 December 2019 – website, 25.12.2019

 

Article 75⁷⁵ – Reimbursement of travel expenses

Travel expenses of a person conducting disciplinary proceedings, and a person bringing disciplinary accusation, and travel expenses related to the exercising disciplinary powers of a member of the Disciplinary Board and a member of the Disciplinary Chamber shall be reimbursed according to their place of employment.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷⁶ – Expungement of a disciplinary penalty

1. A ‘reproof’ shall be deemed expunged after 6 months it was imposed; a ’reprimand’ – nine months after, and a ‘severe reprimand’ – after expiry of one year, unless a judge commits another disciplinary misconduct within this period.

2. A judge against whom a decision on finding him/her guilty of committing a disciplinary misconduct, imposing disciplinary liability on him/her, and on applying to him/her with a private recommendation letter as a disciplinary action shall not be deemed to have a disciplinary penalty.

3. A disciplinary penalty may not be lifted before a respective period defined under paragraph 1 of this article.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷⁷ – Restriction of the right of a judge to get promoted

1. A judge, who has been imposed with disciplinary liability by decision of the High Council of Justice of Georgia or whose disciplinary penalty imposed has not been expunged, shall be restricted from getting promoted for a respective period of time.

2. A respective body or an official shall not appoint a judge to a court of higher instance if he/she has been imposed with disciplinary liability by decision of the High Council of Justice of Georgia, or if a disciplinary penalty imposed on him/her has not been expunged.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷⁸ – Inadmissibility of finding a judge guilty for the same accusation and imposing a disciplinary penalty on him/her

After the Disciplinary Board or the Disciplinary Chamber finds a judge guilty or acquits him/her, it shall be inadmissible to initiate disciplinary prosecution against him/her on the same grounds, to impose disciplinary liability on him/her for the same accusation, and to find him/her guilty for the same action and impose disciplinary liability and a penalty on him/her.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁷⁹ – Retention of a disciplinary case

1. A disciplinary case shall be retained at the Disciplinary Board, and shall be inaccessible to other persons.

2. A disciplinary case may be forwarded to the bodies or officials appointing judges only by permission of the chairperson of the Disciplinary Board.

3. Retention period for a disciplinary case shall be 10 years.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Article 75⁸⁰ – Statistical information

1. Statistical information about the Disciplinary Board activities and disciplinary cases considered shall be periodically forwarded to the Conference of Judges of Georgia and the High Council of Justice of Georgia.

2. Statistical information under paragraph 1 of this article may be submitted to other officials, institutions, and to representatives of the mass media only by permission of the chairperson of the Disciplinary Board, and complying with the restrictions set under this Law for maintaining the confidentiality of information.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Chapter XIV – Transitional Provisions

 

Article 76 – Social security of judges

Article 70 of this Law shall apply to the relations arising from 15 May 1999.

 

Article 77 – Calculating a judge’s compensation

1. A judge of the Supreme Court of Georgia whose powers were terminated, based on a personal application, from 1 January 2005 to 1 January 2006 and who was awarded a state compensation to the extent of the full amount of the salary for the period during which he/she should have exercised the powers of a Supreme Court judge, shall retain the compensation to the extent of the full amount of salary according to the monthly changes in the remuneration of an active Supreme Court judge. After the expiry of the above powers the compensation shall be calculated to bring it in line with Article 70(1) of this Law.

2. A judge (except for a Supreme Court judge) shall be awarded a state compensation according to the rule and in the amount determined by the Law of Georgia on State Compensation and State Academic Scholarship if:

a) he/she was appointed to the office of a judge under Articles 46-49 and Article 85(2) of the Organic Law of Georgia on General Courts of 13 June 1997;

b) he/she completed the mandatory qualification attestation and exercised judicial power under the Organic Law of Georgia on General Courts of 13 June 1997 in a district (city), regional court as well as in the High Court of an autonomous republic within the period, for which he/she had been appointed in the district (city) court, Tbilisi City Court as well as in the Supreme Court of an autonomous republic;

c) his/her judicial powers were terminated from 15 May 1999 under Article 54(1)(l),(n) or (p), and under Article 86¹(4) of the Organic Law of Georgia on General Courts of 13 June 1997, and has at least 10 years of work experience as a judge;

d) his/her judicial powers were renewed from 15 May 1999 under Article 85²(2) of the Organic Law of Georgia on General Courts of 13 June 1997.

 

Article 78 – Reviewing supervisory appeals

The supervisory appeals filed against the final judgements of Georgian general courts before 1 May 1999, the supervisory proceedings which are still pending, also supervisory objections and Supervisory Chamber motions shall be reviewed by the Chamber of Civil Cases of the Supreme Court of Georgia. Particularly complex cases and cases that have been heard by the Supervisory Chamber, the Panel of Civil Cases and the Presidium of the Supreme Court of Georgia, shall be heard before all the members of the Chamber of Civil Cases who have not taken part in the hearing of the case. This rule shall not apply to those participating in the hearing of cases in the Supervisory Chamber of the Supreme Court of Georgia.

 

Article 79 – Establishing the procedure for compensating business trip expenses of general court judges and the representative of the President of Georgia to the High Council of Justice of Georgia

The High Council of Justice of Georgia shall establish the procedure for compensating business trip expenses of general court judges and the representative of the President of Georgia to the High Council of Justice of Georgia according to the requirements of Article 49(1)(d¹) and 68(7) of this Law.

Organic Law of Georgia No 3523 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 286

Organic Law of Georgia No 4461 of 22 March 2011 – website, 1.4.2011

 

Article 79¹ – Measures to be implemented to introduce the office of a court manager

1. The High Council of Justice of Georgia shall ensure the amendment of the relevant legal acts and introduction of the office of a court manager in the structure of the administrative offices of general courts.

2. Until the office of a court manager is introduced, the chairperson of the relevant court shall supervise the administrative offices of courts.

Organic Law of Georgia No 3523 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 286

 

Article 79² – Appointing the officers of the administrative offices of courts before the new procedure for recruitment of officers is introduced

1. Until paid interns are appointed under the procedure for recruitment of the officers of administrative offices of courts specified in Article 57(1) of this Law, the officers of administrative offices of courts shall be appointed according to the Law of Georgia on Public Service.

2. A person who has a higher legal education and who has completed a special training course in the High School of Justice or has at least one year work experience as a judge, prosecutor, investigator or advocate or has worked in his/her speciality in court, may be appointed as an assistant judge.

3. A secretary of a court session shall be appointed from those persons who have completed a special training course in the High School of Justice or have at least one year work experience as a secretary of a court session.

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

 

Article 79³ – Measures to be implemented for the creation of the Department of General Courts

1. The Department of General Courts shall be a legal successor of the Department of General Courts of the High Council of Justice of Georgia.

2. For the creation of the Department of General Courts, the Government of Georgia shall ensure that:

a) the budgetary allocations of the Department of General Courts of the High Council of Justice of Georgia are transferred to the Department of General Courts under the legislation of Georgia;

b) the assets necessary for the operation of the Department of General Courts are transferred to the Department of General Courts under the legislation of Georgia.

3. The High Council of Justice of Georgia shall ensure:

a) the approval of Regulations of the Department of General Courts;

b) implementation of other measures related to the creation of the Department of General Courts.

Organic Law of Georgia No 5529 of 20 December 2011 – website, 28.12.2011

 

Article 79⁴ – Procedure for assigning a judge assigned to the post for a three-year term who has at least three years’ experience of the judicial activity, to the post for an unlimited term

Checking procedures determined under this Law shall be terminated in relation to a judge assigned to the post for a 3-year term before 1 July 2017, at his/her request, who has at least 3 years’ experience of working as a judge, and he/she shall be assigned to the post for an unlimited term until reaching the age defined by law, by decision of the High Council of Justice of Georgia (the decision of the High Council of Justice of Georgia shall be made by secret ballot, by two-thirds of the full list of members of the High Council of Justice of Georgia), on the basis of the successfully passed interview, Article 36¹(1) and (2) and Articles 36² and 36³ of this Law, the examination of cases provided for in Article 36⁴ of this Law, the points-based assessment system and the forms filled out by members of the High Council of Justice of Georgia independently following the interview. If the aforementioned judge is refused to be assigned to the position for an unlimited term, he/she shall carry on with exercising powers within the remaining period of his/her 3-year term of the judicial powers.

Organic Law of Georgia No 1052 of 16 June 2017 – website, 27.6.2017

 

Article 79⁵ – Procedure for continuing consideration of disciplinary cases pending before declaration of the law of Georgia on Disciplinary Liability of Judges of General Courts of Georgia and Disciplinary Proceedings invalid

Consideration of disciplinary cases pending before the Law of Georgia No 150-II ს on Disciplinary Liability of Judges of General Courts of Georgia and Disciplinary Proceedings of 23 February 2000 is declared invalid shall be continued under the procedure established by this Law.

Organic Law of Georgia No 2194 of 20 April 2018 – website, 26.4.2018

 

Chapter XV – Final Provisions

 

Article 80 – Entry of the Law into force

1. This Law, except for Article 24(2) of this Law shall enter into force upon promulgation.

2. Article 24(2) of this Law shall enter into force from 1 January 2010.

3. The following shall be declared void upon the enactment of this Law:

a) Organic Law of Georgia on General Courts of 13 June 1997 (The Parliamentary Gazette, No 33, 31 July 1997, p. 75);

b) Organic Law of Georgia on the Supreme Court of Georgia of 12 May 1999 (The Legislative Herald of Georgia, No 14(21), 1999, Art. 62);

c) Law of Georgia on Social Guarantees of the Members of the Supreme Court of Georgia of 25 June 1996 (The Parliamentary Gazette, No 19-20, 30.7.96, p. 37);

d) Law of Georgia on Social and Legal Guarantees of Judges of 3 December 2002 (The Legislative Herald of Georgia, No 32, 20.12.2002, Art. 146).

 

 

President of Georgia                                                              M. Saakashvili

Tbilisi

4 December 2009

No 2257-II ს