On Occupied Territories

Law of Georgia

On Occupied Territories

Georgia is a sovereign, unified and indivisible state, and the presence of the armed forces of any other state on its territory, without the clearly and voluntarily expressed consent of the Georgian state, in accordance with the 1907 Hague Regulations, the 1949 Geneva Convention IV and the norms of international customary law, constitutes an unlawful military occupation of the territory of a sovereign state.

Article 1. Purpose of the Law🔗

The purpose of this Law is to determine the status of the territories occupied as a result of the military aggression of the Russian Federation and to establish the special legal regime for these territories.

Article 2. Occupied Territories and Maritime Zones🔗

For the purposes of this Law, the occupied territories and maritime zones are (hereinafter – occupied territories):

a) the territories of the Autonomous Republic of Abkhazia;

b) the Tskhinvali region (the territories of the former South Ossetian Autonomous Oblast);

c) in the Black Sea: Georgia's internal waters and territorial sea, their seabed and subsoil, included in the maritime area adjacent to the State border of Georgia with the Russian Federation, running southward from the Psou River along the administrative border to where the Enguri River flows into the Black Sea, over which Georgia exercises sovereignty, as well as the maritime zones: the contiguous zone, the exclusive economic zone and the continental shelf, where Georgia, in accordance with its legislation and the norms of international law, in particular the 1982 United Nations Convention on the Law of the Sea, enjoys fiscal, sanitary, immigration and tax rights in the contiguous zone, and sovereign rights and jurisdiction in the exclusive economic zone and on the continental shelf;

d) the airspace above the territories provided for by subparagraphs „a“, „b“ and „c“ of this Article.

Law of Georgia of 12 November 2010 No. 3806-LHG I, No. 66, 3 December 2010, Art. 414

Article 3. Legal Regime of the Occupied Territories🔗

For the duration of this Law, the regime of a state of emergency, as well as a special legal regime, shall apply in the occupied territories, which implies restrictions on free movement in the occupied territories, on the conduct of economic activity provided for by this Law, on the conclusion of transactions relating to immovable property, and in relation to other matters determined by this Law.

Article 4. Restriction of Free Movement in the Occupied Territories🔗

1. Entry into the occupied territories for foreigners and stateless persons is permitted only:

a) into the territory of the Autonomous Republic of Abkhazia – from the direction of Zugdidi Municipality;

b) in the Tskhinvali region (in the territory of the former South Ossetian Autonomous Oblast) – from the direction of Gori Municipality.

2. Apart from the directions determined by paragraph 1 of this Article, entry into the occupied territories from all other directions for foreigners and stateless persons is prohibited and shall be punishable under the Criminal Code of Georgia.

3. In a special case, a special permit for entry from prohibited directions into the occupied territory may be issued to the persons provided for by paragraph 2 of this Article, in accordance with the procedure established by a legal act of the Government of Georgia, if this serves the state interests of Georgia, the purposes of peaceful settlement of the conflict, de-occupation, restoration of confidence between the war-affected population, or humanitarian purposes.

4. The prohibition provided for by paragraph 2 of this Article and the corresponding liability shall not apply to:

a) a foreigner or stateless person who entered Georgia directly from the territory where he/she was threatened with the danger provided for by Article 15(1), Article 19(1), Article 38(3) or Article 22(1) of the Law of Georgia on International Protection, if he/she immediately, at the first opportunity, appeared before a state body, submitted an appropriate explanation regarding illegal entry into Georgia and, in accordance with the said law, requested international protection, if his/her action does not contain elements of another crime, as well as to a person who committed the said action because of being a victim of human trafficking (trafficking), before obtaining the status of a victim of human trafficking (trafficking);

b) a person who carries out emergency humanitarian assistance in the occupied territories to ensure the right of the population to life, in particular, provides the population with food, medicines and items of primary necessity;

c) a person to whom a neutral identity certificate and/or a neutral travel document has been issued.

5. Persons provided for by subparagraphs "a" and "b" of paragraph 4 of this Article shall be obliged, before entering from a prohibited direction into the occupied territories, and in case of impossibility – within a reasonable time after entry, to notify the Government of Georgia of the time of entry into the occupied territories and exit from these territories. Persons provided for by subparagraph "b" of paragraph 4 of this Article shall also be obliged to submit information on the assistance they provided to the population.

6. If the relevant final decision on international protection determines that a foreigner or stateless person does not need international protection, he/she shall not be released from criminal liability under the relevant norms of the Criminal Code of Georgia.

Law of Georgia No 2676-LHG I of 26 February 2010, No 10, 16.03.2010, Art. 39

Law of Georgia No 4994 of 1 July 2011 – website, 15.07.2011

Law of Georgia No 4061 of 17 July 2015 – website, 29.07.2015

Law of Georgia No 4139 of 18 April 2024 – website, 02.05.2024

Law of Georgia No 870 of 26 June 2025 – website, 07.07.2025

Article 5. Right of ownership over immovable property in the occupied territories🔗

1. Any transaction concluded in the occupied territories in respect of immovable property in violation of the requirements of the legislation of Georgia shall be considered void from the moment of its conclusion and shall not give rise to legal consequences.

2. The right of ownership in the occupied territories shall be protected and regulated by the legislation of Georgia.

Law of Georgia No 2676-LHG I of 26 February 2010, No 10, 16.03.2010, Art. 39

Article 6. Restriction of economic activity in the occupied territories🔗

1. The following types of activity are prohibited in the occupied territories:

a) any economic (entrepreneurial or non-entrepreneurial) activity, regardless of whether it is carried out for the purpose of obtaining profit, income or compensation, if such activity, under the Laws of Georgia "On Licences and Permits", "On Entrepreneurs", "On Museums", "On Water", "On the Public Registry" and "On Electronic Communications", the Maritime Code of Georgia or the Civil Code of Georgia, requires the obtaining of the relevant licence or permit, the passing of authorisation or registration, or if such activity, in accordance with the legislation of Georgia, requires an agreement, in the absence of such;

[ a) any economic (entrepreneurial or non-entrepreneurial) activity, regardless of whether it is carried out for the purpose of obtaining profit, income or compensation, if such activity, under the Laws of Georgia "On Licences and Permits", "On Entrepreneurs", "On Museums", "On Water Resources Management", "On the Public Registry" and "On Electronic Communications", the Maritime Code of Georgia or the Civil Code of Georgia, requires the obtaining of the relevant licence or permit, the passing of authorisation or registration, or if such activity, in accordance with the legislation of Georgia, requires an agreement, in the absence of such; (shall enter into force from 1 September 2026)]

b) import and/or export of military and dual-use products;

c) international air and maritime traffic, except for the cases established by the 1982 United Nations Convention on the Law of the Sea;

c¹) railway traffic and international road transport carriage;

d) use of state resources;

e) organisation of money transfers;

f) financing, or support in any other form, of the activity provided for by subparagraphs "a"–"e" of this paragraph.

2. The carrying out in the occupied territories of the prohibited activity provided for by paragraph 1 of this Article is permitted only in an exceptional case, by special consent issued in accordance with the procedure established by a legal act of the Government of Georgia, if it serves the state interests of Georgia, the peaceful settlement of the conflict, de-occupation, confidence-building among the population affected by the war, or humanitarian purposes.

3. Violation of the requirements of this Article entails the liability established by the legislation of Georgia.

4. For the carrying out in the occupied territories of the activity provided for by paragraph 1 of this Article, the sanctions established by the legislation of Georgia shall also extend to related persons, that is, to persons who directly or indirectly participate in the capital of the persons carrying out the activity indicated in paragraph 1 of this Article and/or in any form influence their decision-making.

5. For the purposes of paragraph 4 of this Article, related persons are:

a) a person who holds a share or more than 5% of the shares in a person carrying out the activity provided for by paragraph 1 of this Article;

b) a person who holds a share or more than 25% of the shares in a person defined by subparagraph „a“ of this paragraph;

c) a person who holds a share or more than 50% of the shares in a person defined by subparagraph „b“ of this paragraph.

6. The prohibition provided for by paragraph 1 of this Article and the liability defined by paragraphs 3 and 4 of this Article shall not apply to persons who carry out emergency humanitarian assistance in the occupied territories in order to ensure the population's right to life, in particular, provide the population with food, medicines and items of primary necessity.

7. The persons provided for by paragraph 6 of this Article shall, before carrying out the activity defined by paragraph 6 of this Article in the occupied territories, and in case of impossibility – within a reasonable time after its carrying out, notify the Government of Georgia of the time of commencement and completion of the respective activity to be carried out/carried out in the occupied territories, and also submit information on the assistance they provided to the population.

Law of Georgia of 26 February 2010 No. 2676-LHG I, No. 10, 16.03.2010, Art. 39

Law of Georgia of 17 December 2010 No. 4145-LHG I, No. 76, 29.12.2010, Art. 517

Law of Georgia of 30 June 2023 No. 3429 – website, 20.07.2023

Article 7. Protection of human rights and cultural heritage in the occupied territories🔗

1. The occupied territories are an integral part of the territory of Georgia and the legislation of Georgia applies to them. For the violation of universally recognised human rights defined by the Constitution of Georgia in the occupied territories, responsibility shall be borne by the Russian Federation in accordance with the norms of international law.

2. The executive authority of Georgia shall periodically provide the relevant international organisations with information on the facts of human rights violations in the occupied territories.

3. For the compensation of material and moral damage caused in the occupied territories to citizens of Georgia, stateless persons and foreigners who are in Georgia with due authorisation and have moved to the occupied territories, the responsibility of the Russian Federation, as the State carrying out military occupation, shall be determined in accordance with the norms and principles of international law.

4. For the protection of cultural heritage in the occupied territories, the responsibility of the Russian Federation, as the State carrying out military occupation, shall be determined in accordance with the norms and principles of international law.

Law of Georgia of 26 February 2010 No. 2676-LHG I, No. 10, 16.03.2010, Art. 39

Law of Georgia of 18 April 2024 No. 4139 – website, 02.05.2024

Article 8. Unlawful bodies (officials)🔗

1. Any body (official) that is not created (appointed/elected) in accordance with the procedure established by the legislation of Georgia and/or that in any form actually exercises legislative, executive or judicial functions in the occupied territories, or carries out other activity falling within the functions of the state or municipal bodies of Georgia, is unlawful.

2. Any act issued by the bodies provided for by paragraph 1 of this Article shall be considered void and shall not produce legal consequences, except where the said act is considered in accordance with the procedure established by the legislation of Georgia for the purposes of establishing Georgian citizenship, issuing a neutral identity card, a neutral travel document, establishing and registering the fact of a person's legitimate residence in the Autonomous Republic of Abkhazia or the Tskhinvali region (former South Ossetian Autonomous Oblast).

3. The possibility of establishing facts of civil significance in the occupied territories is ensured in accordance with the Law of Georgia "On Civil Acts".

Law of Georgia of 26 February 2010 No. 2676-LHG I, No. 10, 16.03.2010, Art. 39

Law of Georgia of 1 July 2011 No. 4994 – website, 15.07.2011

Law of Georgia of 20 December 2011 No. 5576 – website, 28.12.2011

Law of Georgia of 6 June 2018 No. 2474 – website, 21.06.2018

Law of Georgia of 15 July 2020 No. 6951 – website, 28.07.2020

Article 9. Obligation of the authorities of Georgia🔗

1. In the event of violation of the requirements of this Law, the authorities of Georgia shall be obliged to apply all mechanisms provided for by the legislation of Georgia and international law for the purpose of protecting the legitimate interests and security of Georgia.

2. The Government of Georgia shall be obliged to ensure the conclusion of bilateral contracts for the purpose of ensuring the application, by a State party to the contract, of appropriate sanctions established by the legislation of that same State against a person who violates the requirements of this Law.

Article 10. Transitional provisions🔗

1. Within 1 month from the entry into force of this Law, the Government of Georgia shall ensure the adoption of all legal acts that are provided for by this Law and that establish a special regime in the occupied territories.

2. Arising from the ceasefire agreement of 12 August 2008, the operation of this Law also extends to the following territories: the village of Perevi of Sachkhere district, the territories of Kurta, Eredvi and Azhara municipalities and the territory of Akhalgori municipality.

Article 11. Entry into force of the Law🔗

1. This Law shall enter into force upon publication.

2. The operation of Articles 5, 6 and 8 of this Law shall extend to relations arising from 1990. No provision of these Articles that indicates criminal liability shall have retroactive effect.

3. The legal regime provided for by this Law shall apply in the occupied territories until the full restoration of Georgia's jurisdiction.

4. Before 1 January 2012, the Parliament of Georgia, in accordance with the de-occupation process, shall discuss the expediency of introducing amendments and additions to this Law.

Law of Georgia of 26 February 2010 No. 2676-LHG I, No. 10, 16.03.2010, Art. 39

President of Georgia M. Saakashvili

Tbilisi,

23 October 2008.

No. 431–IIs