On Crime Prevention, the Procedure for the Execution of Non-custodial Sentences and Probation

Law of Georgia

On Crime Prevention, the Procedure for the Execution of Non-custodial Sentences and Probation

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 1. Scope of application of the Law🔗

1. This Law regulates the legal grounds for the activities of the body within the system of the Ministry of Justice of Georgia authorised to apply crime prevention, as well as non-custodial sentences execution and probation measures, the procedure for the performance of service by the employees of this body and the guarantees of their social and legal protection, the rights and obligations of a convicted person, the procedure and conditions for imposing liability on him/her for violation of the regime established by law, and the rules for crime prevention, execution of non-custodial sentences and application of probation measures.

2. The Minister of Justice of Georgia (hereinafter – the Minister) shall be entitled to issue an order for the implementation of this Law on the matters provided for by this Law.

Law of Georgia of 27 April 2016 No. 5016 - website, 13.05.2016

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025

Article 2. Legal acts subject to the enforcement of non-custodial sentences and probation🔗

1. The following legal acts on types of non-custodial sentences shall be subject to enforcement in accordance with the procedure and conditions established by this Law:

a) on deprivation of the right to hold a position or to carry out an activity as a sentence;

b) on deprivation of the right to carry out an activity for a legal entity as a sentence;

c) on imposition of community service as a sentence;

d) on imposition of corrective labour as a sentence;

e) (removed - 01.06.2017, No. 954);

f) on imposition of house arrest as a sentence;

g) on restriction of rights related to weapons as a sentence.

2. The following legal acts on types of probation shall be subject to enforcement in accordance with the procedure and conditions established by this Law:

a) on imposition of a conditional conviction;

b) on conditional early release from serving a sentence;

c) on deferral of serving a sentence (for a pregnant woman − up to 1 year after childbirth).

2¹. The National Agency for Crime Prevention, Enforcement of Non-Custodial Sentences and Probation shall ensure the execution of the measure prohibiting a convicted person from leaving Georgia as provided for by paragraph 2 of Article 165³ of the Criminal Procedure Code of Georgia.

2². On the basis of an application by the Legal Entity of Public Law operating in the field of governance of the Ministry of Justice of Georgia – the National Enforcement Bureau, the measure prohibiting a convicted person from leaving Georgia as provided for by paragraph 2 of Article 165³ of the Criminal Procedure Code of Georgia shall also be executed in accordance with the procedure and conditions established by this Law.

3. The legal acts provided for by paragraph 2 of this Article, together with the determination of the type of sentence, may contain requirements of an educational and/or medical nature. Their application shall be permissible only in accordance with the procedure established by law.

4. The performance of unpaid community service undertaken by a diversion subject shall also be subject to enforcement in accordance with the procedure and conditions established by this Law.

Law of Georgia of 11 November 2011 No. 5266 - website, 24.11.2011.

Law of Georgia of 27 December 2011 No. 5626 - website, 12.01.2012.

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012.

Law of Georgia of 12 June 2015 No. 3713 - website, 24.06.2015.

Law of Georgia of 1 June 2017 No. 954 - website, 20.06.2017.

Law of Georgia of 30 May 2018 No. 2398 – website, 08.06.2018.

Law of Georgia of 3 September 2025 No. 956 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 986 – website, 17.10.2025.

Article 3. National Agency for Crime Prevention, Enforcement of Non-custodial Sentences and Probation🔗

1. The National Agency for Crime Prevention, Enforcement of Non-custodial Sentences and Probation (hereinafter – the Agency) is a legal entity of public law operating in the area of governance of the Ministry of Justice of Georgia (hereinafter – the Ministry). The powers of the Agency are determined by this Law, the regulation approved by the Minister and other normative acts.

2. (Removed – 17 December 2025, No. 1330).

3. (Removed – 17 December 2025, No. 1330).

4. The staff list and cost estimate of the Agency shall be approved, in accordance with the procedure established by the legislation of Georgia, by the Head of the Agency in agreement with the Minister.

5. The Agency is financed from the State Budget of Georgia and from other revenues provided for by the legislation of Georgia.

6. (Removed – 17 December 2025, No. 1330).

7. (Removed – 17 December 2025, No. 1330).

8. The Agency shall ensure the enforcement of the legal acts subject to enforcement as defined by Article 2 of this Law and the preparation of an individual assessment report both when sentencing and in other cases provided for by the Juvenile Justice Code, centrally or through its territorial bodies – the Crime Prevention, Non-custodial Sentences Enforcement and Probation Bureaus (hereinafter – the Probation Bureau).

9. (Removed – 15 December 2023, No. 3990).

10. For the purpose of enforcing the legal acts defined by Article 2 of this Law (including for the identification of a convicted person and his/her status, registration of a convicted person, assessment of the risk and needs of a convicted person, drawing up an individual plan for the enforcement of the sentence imposed on a convicted person, exercising supervision and control over a convicted person, archiving a completed enforcement case in accordance with the procedure established by the legislation of Georgia, deciding the issue of cancellation of a conditional conviction and preparing an individual assessment report of a convicted person), as well as for the purpose of resocialization and rehabilitation of a convicted person and a former prisoner, implementation of crime prevention measures and coordination of the referral process for minors, the Agency and its territorial bodies shall, within the powers determined by the legislation of Georgia and in accordance with the established procedure, process personal data (including special category data) provided for by the Law of Georgia “On Personal Data Protection”. They shall have the right, for this purpose, to access data processed by automatic and semi-automatic means in the relevant state and non-state institutions, as well as to receive, review and use the said information.

10¹. The Agency shall exercise the powers determined by the Law of Georgia “On the DNA Data Base”.

11. In the process of enforcement, in respect of a minor, of the legal acts subject to enforcement as defined by Article 2 of this Law, the Agency and the probation bureaus shall be guided by the principles and special rules provided for by this Law and the Code of Juvenile Justice, which are applied as norms having superior force.

Law of Georgia No 1933 of 3 November 2009 – LHG I, No 35, 19 November 2009, Art. 238

Law of Georgia No 4047 of 15 December 2010 – LHG I, No 75, 27 December 2010, Art. 481

Law of Georgia No 5626 of 27 December 2011 – website, 12 January 2012

Law of Georgia No 6215 of 15 May 2012 – website, 29 May 2012

Law of Georgia No 3713 of 12 June 2015 – website, 24 June 2015

Law of Georgia No 5016 of 27 April 2016 – website, 13 May 2016

Law of Georgia No 954 of 1 June 2017 – website, 20 June 2017

Law of Georgia No 5390 of 29 November 2019 – website, 10 December 2019

Law of Georgia No 3990 of 15 December 2023 – website, 26 December 2023

Law of Georgia No 341 of 4 March 2025 – website, 6 March 2025

Law of Georgia No 1330 of 17 December 2025 – website, 25 December 2025

Article 4. (Deleted)🔗

Law of Georgia No 434 of 31 October 2008 – LHG I, No 31, 12 November 2008, Art. 204

Law of Georgia No 964 of 30 December 2008 – LHG I, No 41, 30 December 2008, Art. 336

Law of Georgia No 1933 of 3 November 2009 – LHG I, No 35, 19 November 2009, Art. 238

Law of Georgia No 5626 of 27 December 2011 – website, 12 January 2012

Law of Georgia No 1781 of 13 December 2013 – website, 28 December 2013

Law of Georgia No 5016 of 27 April 2016 – website, 13 May 2016

Law of Georgia No 954 of 1 June 2017 – website, 20 June 2017

Law of Georgia No 3130 of 5 July 2018 – website, 11 July 2018

Law of Georgia No 4329 of 22 February 2019 – website, 7 March 2019

Law of Georgia No 5390 of 29 November 2019 – website, 10 December 2019

Article 5. Probation Bureau🔗

1. Legal acts defined by this Law shall be transferred for enforcement to the Probation Bureau according to the convicted person's place of residence (the actual or legal address indicated by the convicted person).

1¹. If the convicted person has no place of residence (actual or legal address) in the territory of Georgia, the body receiving (issuing) the legal act shall indicate in the legal act to be enforced the relevant Probation Bureau where the convicted person shall appear. When taking the said decision, the body receiving (issuing) the legal act shall take into account the convicted person's ability to perform the obligation imposed on him/her.

2. The Probation Bureau shall be headed by the Head of the Probation Bureau.

3. Enforcement of the legal acts defined by this Law shall be ensured by a probation officer.

3¹. Service supervision established by law over the enforcement of the legal acts defined by this Law shall be exercised by the Agency. The Head of the Probation Bureau shall submit to the Agency, periodically or upon request, statistical information, a report and other necessary documentation on the state of enforcement of the said legal acts.

4. In its activities, the Probation Bureau shall be guided by the Constitution of Georgia, this Law, the statute of the Probation Bureau and other normative acts of Georgia.

5. The model statute of the Probation Bureau shall be approved by the Minister.

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 December 2010 No. 4047 - LHG I No. 75, 27.12.2010, Art. 481

Law of Georgia of 4 October 2013 No. 1470 - website, 16.10.2013

Law of Georgia of 13 December 2013 No. 1781 - website, 28.12.2013

Law of Georgia of 30 April 2014 No. 2324 - website, 13.05.2014

Law of Georgia of 1 June 2017 No. 954 - website, 20.06.2017

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 6. Main principles of the Agency's activity🔗

1. The Agency's activity is based on the principles of legality, protection of personal honour and dignity, humanism, publicity, unity of the Agency's system and its centralized management.

2. An employee of the Agency shall be obliged to protect human rights and freedoms and ensure equality of persons before the law, regardless of race, skin colour, language, sex, religion, political or other views, national, ethnic or social belonging, origin, property or rank status, place of residence or other characteristic.

3. The fundamental human rights and freedoms defined by the Constitution of Georgia and other legislative acts shall apply equally to a convicted person and other beneficiaries of the Agency, regardless of their race, skin colour, language, sex, religion, political or other views, national, ethnic or social belonging, origin, property or rank status, place of residence or other characteristic. The Agency shall be obliged to protect the rights and freedoms of its beneficiaries and ensure their equality before the law.

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 December 2010 No. 4047 - LHG I No. 75, 27.12.2010, Art. 481

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 7. Objective of the Agency🔗

1. The objective of the Agency is to ensure public safety through the enforcement of the legal acts defined by this Law, the implementation of crime prevention measures, and the resocialization and rehabilitation of convicted persons and former prisoners.

2. To achieve its objectives, the Agency carries out its activities on the basis of the risk and needs assessment of convicted persons, individual planning of sentence enforcement, necessary supervision and control over convicted persons, promotion of and assistance to the resocialization and rehabilitation of convicted persons and former prisoners, participation in the process of preparing a minor for release, approval of the resocialization-rehabilitation plan of a minor convicted person after serving a conditional sentence and sentence and coordination of its implementation, as well as provision of socialization and rehabilitation services and programmes for minors with challenging behaviour and coordination of the referral process of minors.

3. For the purpose of promoting the resocialization and rehabilitation of convicted persons and former prisoners, the Agency cooperates with a legal entity of public law operating in the field of governance of the Ministry − the Centre for Professional Training and Retraining of Convicted Persons, which ensures the professional training and retraining of convicted persons in the manner established by order of the Minister.

4. The Agency is entitled to finance cultural, social, health protection and other measures for the purpose of the resocialization and rehabilitation of convicted persons and former prisoners, as well as the socialization and rehabilitation of minors with challenging behaviour.

5. The Agency is entitled to establish an entrepreneurial legal entity and/or a non-entrepreneurial (non-commercial) legal entity for the implementation of the objectives defined by this Article.

6. (Removed - 15.12.2023, No. 3990).

7. An entrepreneurial legal entity and/or a non-entrepreneurial (non-commercial) legal entity established by the Agency, and in the case provided for by the legislation of Georgia − another entrepreneurial legal entity and/or a non-entrepreneurial (non-commercial) legal entity, may, on the basis of a decision of the Minister, carry out an activity/project necessary for achieving the objectives provided for by law of the Ministry's system.

8. The use of electronic monitoring and other relevant technical means belonging to the Agency, in addition to the objectives defined by this Article, is also possible for other objectives defined by order of the Minister. Such use of technical means may also envisage the receipt of a certain fee by the Agency for the service rendered, which is credited to the Agency's account and serves the performance of the tasks and the implementation of the objectives provided for by law for the Agency.

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 December 2010 No. 4047 - LHG I No. 75, 27.12.2010, Art. 481

Law of Georgia of 11 November 2011 No. 5266 - website, 24.11.2011

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 4 October 2013 No. 1470 – website, 16.10.2013.

Law of Georgia of 13 December 2013 No. 1781 – website, 28.12.2013.

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Law of Georgia of 15 December 2023 No. 3990 – website, 26.12.2023.

Article 7¹. (repealed)🔗

s Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 4 October 2013 No. 1470 – website, 16.10.2013.

Law of Georgia of 13 December 2013 No. 1781 – website, 28.12.2013.

Law of Georgia of 27 April 2016 No. 5016 – website, 13.05.2016.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 7². Conducting criminological research in the Agency🔗

The Ministry facilitates the conduct in the Agency of such criminological research as is aimed at the scientific study of crimes committed by minors with complex behaviour, of the resocialisation of convicts and former prisoners, and of crime prevention and rehabilitation programmes.

Law of Georgia of 4 October 2013 No. 1470 – website, 16.10.2013.

Law of Georgia of 13 December 2013 No. 1781 – website, 28.12.2013.

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 7³. Referral of minors with complex behaviour🔗

1. In order to ensure an institutional and comprehensive approach towards the socialisation, resocialisation and rehabilitation of minors with complex behaviour and the prevention of crime, a structural unit of the Agency − the Centre for Referral of Minors − shall function within the Agency, which, in accordance with the procedure established by the legislation of Georgia, shall coordinate the minors' referral system.

2. The referral of a minor includes the following stages:

a) identification of a minor with complex behaviour and provision of information about him/her to the Centre for Referral of Minors;

b) assessment of the condition and individual needs of the minor;

c) involvement of the minor in the relevant services/programmes;

d) provision and development of services supporting the social functioning of the minor's family;

e) monitoring of the minor's participation in the relevant services/programmes and supervision of the minor's condition;

f) monitoring after the completion of the relevant service/programme;

g) in an extreme case, sending the minor to a minors' referral institution.

3. The minors' referral system and the agencies/institutions participating therein, the procedures corresponding to the stages of referral of a minor (including, proceeding from the best interests of the minor, the matters related to the adoption, execution and review of the decision on sending the minor to a minors' referral institution, as well as to the monitoring of the minors' referral process) and other matters related to the functioning of the minors' referral system shall be determined by Chapter X2 of the Law of Georgia on General Education, Chapter VII⁹ of the Administrative Procedure Code of Georgia, the "Rules for Referral of Minors" approved by the Government of Georgia, and other legislative and subordinate normative acts.

4. The statute of the Centre for Referral of Minors, the methodology for monitoring the minors' referral process, for monitoring the minor's participation in the relevant service/programme and for supervising the minor's condition, as well as other legal acts provided for by the "Rules for Referral of Minors" approved by the Government of Georgia shall be approved by the Minister

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 7⁴. Taking of a biological sample from a convicted person🔗

1. Taking of a biological sample from a convicted person shall be mandatory in accordance with the Law of Georgia “On the DNA Data Base”.

2. Taking of a biological sample from a convicted person shall be ensured by the Ministry of Internal Affairs of Georgia or a Legal Entity of Public Law − the National Bureau of Forensic Expertise named after Levan Samkharauli, in accordance with the procedure established by the legislation of Georgia.

3. For the purpose of taking a biological sample from a convicted person, determining his/her genetic profile and registering it in the DNA data base, the Agency, within the scope of its competence, in accordance with the procedure established by the Government of Georgia, shall ensure facilitation of the presentation of the convicted person to the Ministry of Internal Affairs of Georgia or to the Legal Entity of Public Law − the National Bureau of Forensic Expertise named after Levan Samkharauli.

4. The rule established by this Article shall not apply to a convicted person whose genetic profile is registered in the DNA data base.

Law of Georgia of 4 March 2025 No. 341 – website, 06.03.2025.

Article 8. Management of the Agency; Agency servant and his/her legal status🔗

1. The Agency shall be managed by the Head of the Agency, who shall be appointed to and dismissed from office by the Minister in accordance with the procedure established by the Law of Georgia “On Legal Entities of Public Law”.

2. The Head of the Agency shall have deputies, who shall be appointed to and dismissed from office by the Head of the Agency, in agreement with the Minister, in accordance with the procedure established by the Law of Georgia “On Legal Entities of Public Law”.

3. The Head of the Agency and his/her deputies shall be subject to paragraph 8 of this Article, as well as to Article 8¹, Article 11⁵ (except subparagraphs “i” and “j” of the same Article), Article 11¹³ (except paragraphs 3 and 4 of the same Article) and Article 11¹⁸ (except subparagraphs “g”–“i” of paragraph 1 of the same Article) of this Law.

4. In the Agency, including in the Probation Bureau, the activities provided for by the legislation of Georgia shall be carried out by public servants (hereinafter – servant).

5. A servant (except the servants provided for by paragraphs 6 and 7 of this Article) shall be appointed to and dismissed from office by the Head of the Agency in accordance with the procedure established by this Law.

6. The Head of the Agency shall conclude and terminate the relevant contract with a person employed in the Agency under an administrative contract in accordance with the procedure established by the Law of Georgia “On Public Service”. The Law of Georgia “On Public Service” shall apply to a person employed in the Agency under an administrative contract, unless otherwise provided by this Law.

7. A person may be admitted to the Agency on the basis of an employment contract.

8. A servant, except a person employed under an employment contract, shall be awarded a special state rank in accordance with the procedure established by the Law of Georgia “On Special State Ranks”. The Law of Georgia “On Public Service” shall apply to a servant of the Agency holding a special state rank, unless otherwise provided by this Law and a normative act issued on its basis.

9. If necessary for the Agency, the professional training and retraining of a servant shall be carried out, in accordance with the procedure established by the legislation of Georgia, by a Legal Entity of Public Law operating in the field of governance of the Ministry – the Training Centre of Justice of Georgia (hereinafter – the Training Centre).

10. A probation officer and individual servants determined by order of the Minister shall be provided by the State with service uniform clothing, the sample and rules of use of which shall be approved by the Minister.

11. The Agency shall provide a servant with a service certificate, the form of which shall be approved by the Minister.

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 December 2010 No. 4047 - LHG I No. 75, 27.12.2010, Art. 481

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025

Article 8¹. Guarantees of legal protection of an employee of the Agency holding a state special rank🔗

1. An employee of the Agency holding a state special rank is, in the exercise of official powers, a representative of the authorities and is protected by the State. Compliance with the lawful demand of an employee of the Agency holding a state special rank shall be mandatory.

2. In the performance of official duties, insubordination to the lawful demand of an employee of the Agency holding a state special rank, verbal insult of him/her, the commission of another offensive act against him/her, a threat, violence or infringement of his/her life, health or property entails the imposition of liability established by law.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025

Article 9. Probation officer🔗

1. A probation officer is an employee of the Probation Bureau holding a state special rank who exercises the powers determined by this Law and other legislative and subordinate acts of Georgia.

2. A probation officer shall be appointed to a position with a 3-month probation period. During this probation period, the probation officer shall undergo a special training course for probation officers at the Training Centre and, upon its completion, shall pass the relevant examination.

3. Failure by a probation officer to pass the examination provided for by paragraph 2 of this Article shall, in addition to other grounds provided for by the Law of Georgia "On Public Service", constitute a ground for his/her dismissal from service.

4. The Agency shall, upon appointment of a probation officer to a position, provide him/her with an official seal.

5. In the performance of official duties, a probation officer may be equipped with switched-on video and audio equipment attached to official uniform clothing, the rules for the use of which are determined by the "Instruction on Enforcement Proceedings of Non-custodial Sentences and Probation Acts" approved by the Minister.

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 December 2010 No. 4047 - LHG I No. 75, 27.12.2010, Art. 481

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025

Article 9¹. (repealed)🔗

Law of Georgia of 15 December 2010 No. 4047 - LHG I No. 75, 27.12.2010, Art. 481

Law of Georgia of 4 October 2013 No. 1470 - website, 16.10.2013

Law of Georgia of 13 December 2013 No. 1781 - website, 28.12.2013

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 22 February 2019 No. 4329 – website, 07.03.2019

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 9². (removed)🔗

Law of Georgia of 4 October 2013 No. 1470 – website, 16.10.2013.

Law of Georgia of 13 December 2013 No. 1781 – website, 28.12.2013.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 9³. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9⁴. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9⁵. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9⁶. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9⁷. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9⁸. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9⁹. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹⁰. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹¹. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹². (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹³. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹⁴. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹⁵. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹⁶. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹⁷. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹⁸. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9¹⁹. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²⁰. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²¹. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²². (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²³. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019. .

Article 9²⁴. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²⁵. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²⁶. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²⁷. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²⁸. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9²⁹. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9³⁰. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9³¹. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9³². (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9³³. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9³⁴. (removed)🔗

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 9³⁵. (removed)🔗

Law of Georgia No. 3130 of 5 July 2018 – website, 11.07.2018.

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019.

Article 10. (removed)🔗

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019.

Article 11. (removed)🔗

Law of Georgia No. 1933 of 3 November 2009 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia No. 6215 of 15 May 2012 – website, 29.05.2012.

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019.

Article 11¹. Principles and legal grounds for the performance of service by a public servant holding a special state rank🔗

1. A public servant shall be obliged to respect and protect human rights and freedoms and to ensure equality of persons before the law, regardless of race, skin colour, sex, origin, ethnic affiliation, language, religion, political or other views, social affiliation, property or rank status, place of residence or other characteristic.

2. For the purposes of this Chapter, a public servant is a public servant of the Agency holding a special state rank.

3. The legal grounds for the performance of service by a public servant are the Constitution of Georgia, international treaties of Georgia, this Law and other normative acts.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11². Rights and Obligations of an Employee🔗

1. In the exercise of official powers, an employee represents the Agency.

2. An employee has the right to:

a) within the scope of his official powers (competence), adopt an appropriate decision for the performance of the duty assigned to him;

b) in accordance with the established procedure, request and receive information for the exercise of official/positional powers;

c) be provided with the organizational and technical means and conditions necessary for the performance of official functions;

d) submit to the immediate supervisor proposals on improving his official activity and receive from him the consultation necessary for work;

e) exercise other powers determined for him by the legislation of Georgia, including this Law, and by the official instruction.

3. An employee is obliged to:

a) in the performance of official duties, protect the rights and legitimate interests of a convicted person and another person;

b) faithfully perform the duties assigned to him by the legislation of Georgia and the official instruction;

c) observe the norms of ethics of employees;

d) without special instruction, comply with those legal acts that relate to his official activity;

e) comply with the lawful order and instruction of the supervisor;

f) comply with the requirements of this Law, other normative acts and the internal regulations of the Agency;

g) take care of the property transferred to him for official use;

h) in the exercise of official powers, as well as after dismissal from service, not disclose state and commercial secrets, personal data of another person and other information (taking into account paragraph 4 of Article 50 of the Criminal Procedure Code of Georgia) which became known to him in the performance of official duties;

i) by economical use and spending of relevant resources, efficiently and properly manage the organizational process in the Agency, in the performance of official duties observe the principle of economy and efficiency, not misuse or squander official funds;

j) in the exercise of official powers, be impartial and be guided solely by public interest;

k) observe labour discipline, rationally use working time, not allow such actions as would hinder the work of the Agency and damage its authority;

l) take care of the official certificate and use it in good faith, only for official purposes; in case of loss of the official certificate, immediately notify the structural unit of the Agency responsible for internal control. Loss of the official certificate may become grounds for imposing disciplinary liability on the employee;

m) perform other duties assigned to him by the legislation of Georgia and the official instruction.

4. A servant shall be personally liable for activities carried out within the scope of his/her official powers, in accordance with the procedure established by the legislation of Georgia.

5. A servant shall avoid any action that damages the reputation of himself/herself, the Ministry, the Agency or the public service.

6. A servant shall be prohibited from:

a) being at work in a state of alcohol, narcotic or psychotropic intoxication;

b) participation in gambling and/or games of chance (except for a promotional draw), including games organised in a system-electronic form;

c) driving an official vehicle under the influence of a narcotic drug, psychotropic substance or new psychoactive substance and/or in a state of alcohol intoxication. Driving an official vehicle in a state of alcohol intoxication shall be considered the commission of a disciplinary misconduct (disregard or violation of general rules of conduct aimed at discrediting the servant and the service, regardless of whether it was committed at work or outside it);

d) establishing such a relationship with a convicted person (including entering into a transaction and other relations) that does not relate to his/her official rights and duties;

e) strike and participation therein;

f) organising and/or holding an assembly or manifestation, as well as participation therein;

g) carrying out other activities incompatible with the status of a civil servant.

7. A servant may not be a member of a political party or participate in political activity. A person appointed to a vacant position of a servant shall have his/her membership of a political party terminated. It is inadmissible for a servant, in carrying out his/her activities, to act on the basis of political views.

8. Other rights and duties of a servant, in accordance with his/her official functions, shall be determined by the internal regulations of the Agency, which shall be approved by the head of the Agency.

Law of Georgia of 17 December 2025 No. 1330 – website, 25 December 2025.

Article 11³. Rule for admitting a person as a servant🔗

1. A capable citizen of Georgia who has reached 18 years of age and meets the following requirements may be admitted as a servant:

a) knows the state language;

b) has higher education;

c) meets the requirements established by this Law and other legal acts;

d) by his/her personal and business qualities, education and state of health is able to perform the functions assigned to him/her.

2. A person wishing to be employed in the Agency shall not be required to have a civil servant's certificate when participating in a competition announced to fill a vacant position of a servant.

3. Additional qualification requirements for a specific vacant position of a servant shall be determined by the Head of the Agency.

4. A candidate to be admitted to the Agency shall undergo a special check (a set of measures permitted by the legislation of Georgia, the purpose of which is to establish the compliance of the candidate's personal and business qualities provided for by subparagraph „d“ of paragraph 1 of this Article with the work to be performed by him/her).

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11⁴. Rule for appointing a person to a position without competition🔗

1. The following shall be appointed to a position without competition:

a) a substitute for a servant temporarily absent from the position;

b) a person temporarily performing duties in a vacant position which is to be filled by competition;

c) a servant − in the case of promotion;

d) a servant – upon transfer to the same or another structural subdivision or territorial body of the Agency, if he/she meets the qualification requirements determined for the position to be filled by him/her by competition/promotion.

2. In the case provided for by subparagraph „d“ of paragraph 1 of this Article, the head of the structural subdivision or territorial body of the Agency to which the servant is transferred shall have the right to nominate the servant for the position to be filled with his/her written consent.

3. A person may be appointed to the relevant position without competition, as a person temporarily performing duties, for a period of not more than 6 months. Repeated appointment of this person to the same position as a person temporarily performing duties shall be inadmissible. The requirement provided for by paragraph 2 of Article 11⁷ of this Law shall not apply to a person appointed without competition as a person temporarily performing duties.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11⁵. Restrictions related to the admission of a person as a servant🔗

A person shall not be admitted as a servant if:

a) he/she has a criminal record;

b) criminal prosecution is pending against him/her;

c) the court has recognised him/her as having limited legal capacity or has declared him/her a recipient of support, unless otherwise determined by a court judgment;

d) he/she has been deprived by the court of the right to hold the relevant position;

e) his/her state of health, according to a medical opinion, does not meet the requirements established for holding the relevant position;

f) in the event of holding the relevant position, he/she would be directly connected through official supervision with a parent, spouse, sister, brother, child, son-in-law or the spouse's sister, brother, parent;

g) he/she is applying for the citizenship of a foreign country, except in cases provided by law or an international treaty of Georgia;

h) upon admission to the service he/she has not submitted a drug test certificate of the form established by the legislation of Georgia, or the submitted drug test certificate confirms the fact of his/her use of a narcotic drug or a new psychoactive substance (except in the case of use by a servant for medicinal purposes);

i) as a result of passing the special check provided for by paragraph 4 of Article 11³ of this Law, he/she has received a negative assessment;

j) he/she was dismissed from public service for committing a disciplinary misconduct and 1 year has not passed since his/her dismissal, as well as a person who was dismissed from another service for ignoring or violating general rules of conduct aimed at discrediting the servant and the service.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11⁶. Term of service in the Agency🔗

1. A servant shall be admitted/appointed to the service for an indefinite term, except for the cases provided for by paragraph 2 of this Article.

2. A person shall be admitted to the service for a definite term:

a) to replace a servant temporarily absent from the position – until the servant returns to the service or is dismissed from the position;

b) as a person performing the duties of a servant to be appointed to the position by way of competition – until the servant is appointed to the position according to the results of the competition, but not more than 6 months.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11⁷. Probationary period🔗

1. The Head of the Agency shall be entitled to appoint a person to a position with a probationary period of not more than 6 months.

2. During the probationary period, the compliance of the person's qualification, business skills, abilities and personal qualities with the requirements defined for the occupied position shall be assessed.

3. In the event of unsatisfactory results of the probationary period, the person shall be released from service.

4. The probationary period shall not apply when appointing a person to replace a temporarily absent public servant or to perform temporary duties.

5. It shall be inadmissible to transfer or promote a person appointed with a probationary period, as well as to assign to him/her the performance of the duties of a temporarily absent public servant at the service.

6. Time missed by the person due to temporary incapacity for work or another valid reason shall be counted in the probationary period. The probationary period shall be counted in his/her total work experience.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11⁸. Competition🔗

1. The basis for announcing a competition is the existence of a vacant place in a position provided for by the staff list of the Agency.

2. The rules for conducting a competition and selecting a candidate for a public servant shall be approved, and the authority of the competition commission shall be determined, by the Minister. The composition of the competition commission shall be determined by the Head of the Agency.

3. A notice on the announcement of a competition may also be published through the press, television and an official electronic resource.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11⁹. Documents to be submitted by a person upon admission to service🔗

A person wishing to be admitted to service shall submit to the person having the authority to appoint to the respective position the documents determined by order of the Minister. Failure to submit these documents shall be grounds for refusing the person's admission to service. At the same time, a person wishing to be admitted to service may be required to submit a certificate on health from a respective medical institution determined in advance by the Agency, as well as to submit a diploma confirmed or recognized by the Legal Entity of Public Law within the governance sphere of the Ministry of Education, Science and Youth of Georgia – the National Centre for Educational Quality Enhancement.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11¹⁰. Admission of a public servant to service (appointment to a position)🔗

The admission of a public servant to service (appointment to a position) shall be formalized by an individual administrative-legal act of the Head of the Agency.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11¹¹. Annulment of the act on the appointment of a public servant to a position🔗

The Head of the Agency shall be obliged to annul the individual administrative-legal act on the appointment of a public servant to a position, if, before the commencement of the exercise of official powers by him/her, circumstances are revealed which, in accordance with this Law, preclude the appointment of the said public servant to the position.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11¹². Oath of a public servant🔗

A person recruited for the first time to the service (for work) takes and confirms by signature the following oath: "I am aware of the responsibility imposed on me before Georgia and I swear to serve Georgia faithfully, to unswervingly uphold the Constitution and laws of Georgia, to respect the universally recognized human rights and freedoms, and to conscientiously perform my duties!".

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11¹³. Remuneration of the servant's labour and social protection🔗

1. For the performance of official activity, the servant shall be given labour remuneration, including:

a) the position salary determined by order of the Minister;

b) the years-of-service supplement determined in the established manner (for the purposes of granting this supplement, the years served in military rank and/or state special rank shall be counted as years of service, including service in another public institution/state institution of Georgia (except compulsory military service/national military service of conscripts));

c) the rank salary corresponding to the state special rank, determined in the manner established by order of the Minister.

2. To the servant, taking into account overtime work and/or a particularly responsible functional load, a salary supplement may be given in the manner established by order of the Minister. Overtime work performed by the servant shall be remunerated, in accordance with the servant's wish, by giving him a salary supplement or additional rest time proportionate to the overtime work.

3. The servant shall not be given, or may have reduced, the supplement provided for by subparagraph „b“ of paragraph 1 of this Article during the period of disciplinary liability against him.

4. During the period of being at the disposal of the personnel, the servant shall retain the position salary corresponding to the last position held for 2 months.

5. The source of formation of the labour remuneration fund of servants is the respective budget. Reduction of budgetary assignments may not be grounds for reduction of the servant's labour remuneration.

6. The servant's labour remuneration shall be issued in non-cash settlement form.

7. The rules of labour remuneration of servants shall be determined by order of the Minister.

8. State compensation shall be assigned to the servant and his family member in the manner and amount established by the Law of Georgia "On State Compensation and State Academic Scholarship".

9. The State shall ensure the social protection of the servant.

10. The servant shall be subject to compulsory state insurance of life and health. At the same time, it is possible to insure his spouse and minor children with funds from the State Budget of Georgia.

11. In the event of the death of a servant in the performance of official duty, his family (heir) shall be given a one-time monetary assistance in the amount of 15,000 GEL from the State Budget of Georgia. In the event of the death of a servant in the performance of official duty, specifically during the suppression of an offence, the apprehension of an offender, an attack related to official activity, or death as a result of injuries sustained, his family (heir) shall be given a one-time monetary assistance in the amount of 30,000 GEL from the State Budget of Georgia. In the case provided for by this paragraph, the State shall reimburse the funeral expenses of the servant.

12. In the event of damage to the health of an employee in the performance of official duties, he/she shall, on the basis of an individual administrative-legal act of the Head of the Agency, be granted one-time assistance in the following amount:

a) in case of severe damage to health – GEL 7,000;

b) in case of less severe damage to health – GEL 4,000;

c) in case of minor damage to health – GEL 2,000.

13. An employee who uses an official motor vehicle (a vehicle in state ownership) or his/her own vehicle for the performance of official duties shall be provided with fuel by the State.

Law of Georgia of 17 December 2025 No. 1330 – website, 25 December 2025.

Article 11¹⁴. Leave of employees🔗

1. The following types of leave are established for an employee:

a) annual paid leave;

b) unpaid leave;

c) study leave;

d) leave due to pregnancy, childbirth and child care and leave due to adoption of a newborn.

2. An employee shall be granted annual paid leave within a calendar year in the amount of 24 working days.

3. An employee's right to request leave shall arise after 11 months have elapsed from appointment to the position. With the consent of the authorised person, in the case of a substantiated request by him/her, an employee may be granted leave before the expiry of this period as well.

4. The duration of the annual paid leave of a newly appointed employee shall be calculated in proportion to the days worked by him/her: two and a half days − for each full month from the day of admission to the service, but not more than 24 working days.

5. During an employee's annual paid leave, the period of temporary incapacity for work shall not be counted against this leave and shall be paid in accordance with the procedure established by the legislation of Georgia.

6. An employee has the right to use unused paid leave during a calendar year in the following calendar year. In this case, the frequency of leave shall be agreed with the head of the public institution.

7. An employee has the right, during the period of work in the Agency, to use unpaid leave of not more than 1 year, if this does not contradict the interests of the Agency.

8. For the purpose of professional development, an employee may be granted study leave once every 2 years, with retention of the official salary, for a period of not more than 3 months. If the leave provided for by this paragraph is granted to an employee at the initiative of the service, the expenses related to the leave shall be fully reimbursed to him/her.

9. An employee has the right to use the leave provided for by paragraphs 2 and 7 of this Article in parts.

10. The order of employees' going on leave shall be determined by the head of the structural subdivision/territorial body of the Agency.

11. Due to official necessity, it is permissible to terminate an employee's leave (except for leave due to pregnancy, childbirth and child care and leave due to adoption of a newborn) and to recall him/her to continue service. If the relevant documentation is submitted, the recalled employee may be reimbursed for transportation expenses.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11¹⁵. Leave of a public servant due to pregnancy, childbirth and child care and leave due to adoption of a newborn🔗

1. On the basis of his/her request, a public servant shall be granted leave due to pregnancy, childbirth and child care of 730 calendar days.

2. Of the leave due to pregnancy, childbirth and child care, 183 calendar days shall be paid, and in the case of a complication of childbirth or the birth of twins – 200 calendar days. The remuneration shall be paid from the budget of the Agency, in the amount of the public servant's labour remuneration.

3. A public servant shall have the right to distribute, at his/her discretion, the leave provided for by paragraph 1 of this Article between the periods of pregnancy and after childbirth.

4. A public servant who has adopted a child under 1 year of age shall, on the basis of his/her request, be granted leave due to adoption of a newborn of 550 calendar days from the birth of the child. Of this leave, 90 calendar days shall be paid. The remuneration shall be paid from the budget of the Agency, in the amount of the public servant's labour remuneration.

5. The working hours missed by a public servant during pregnancy for the purpose of undergoing medical examinations shall, where documentation confirming the conduct of these examinations is submitted, be deemed excused and the labour remuneration shall be retained.

6. The leave provided for by paragraphs 1 and 4 of this Article may be used for child care by the parent who actually cares for the child. In this case, the public servant shall be granted leave of 550 calendar days from the birth of the child and 90 calendar days shall be paid, only if the mother of the newborn child has not used the leave determined by this Article.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11¹⁶. Transfer of a Servant to Another Position🔗

1. A servant shall be transferred to another position:

a) to a higher position – in the case of promotion, upon the nomination of the head of a structural subdivision or territorial body of the Agency and with the consent of the servant, if the servant has served in the position held for at least 6 months;

b) to an equal position:

b.a) on the basis of a personal application;

b.b) proceeding from official necessity, with the consent of the servant;

c) to a lower position:

c.a) with the consent of the servant;

c.b) in connection with the abolition of a structural subdivision/unit or territorial body of the Agency or a reduction of staff, with the consent of the servant;

c.c) on account of the commission of a disciplinary misconduct by the servant.

2. The promotion of a servant shall be effected taking into account the relevant qualification requirements, with his/her appropriate professional retraining, if the position higher than his/her position is a leading/managerial position and entails the performance of qualitatively different work.

3. The transfer of a servant to another position shall be effected taking into account the relevant qualification requirements. The transfer of a servant to a functionally different position shall, as a rule, be preceded by his/her appropriate professional retraining.

4. The transfer of a servant to another position shall be effected by order of the Head of the Agency.

5. The Head of the Agency shall be entitled, with the consent of the servant, to attach the servant to another structural subdivision/unit or territorial body of the Agency without transfer to another position.

6. A person having the authority to appoint a servant to the relevant position may, with the consent of the servant, determine the workplace for the servant.

Law of Georgia No. 1330 of 17 December 2025 – website, 25 December 2025.

Article 11¹⁷. Performance of the duties of a servant temporarily absent from service🔗

1. The Head of the Agency shall have the right, in an urgent case, to replace a servant temporarily absent from service or to fill a vacant position, when the absence of the servant from service poses a threat to the normal functioning of the service:

a) to assign/redistribute the duties of a servant temporarily absent from service to another servant/servants without releasing him/her/them from the performance of his/her/their own official duties;

b) to assign the duties of a servant temporarily absent from service to another servant and to release the substituting servant from the performance of his/her own official duties.

2. A servant shall have the right to refuse the temporary performance of the duties provided for by paragraph 1 of this Article, if their performance would worsen his/her health condition or requires higher qualification and other professional training.

3. A servant may, on the basis of paragraph 1 of this Article, perform the duties of a servant temporarily absent from service in the same institution for a period of not more than 1 month during a calendar year. The performance of the duties of a servant temporarily absent from service for a period of more than 1 month during a calendar year may be carried out with the consent of the substituting servant.

4. A servant who, on the basis of subparagraph „a“ of paragraph 1 of this Article, performs the duties of a servant temporarily absent from service shall, in addition to his/her official salary, be paid a supplement within the maximum amount provided for by the Law of Georgia “On Remuneration of Labour in Public Institutions”, in the amount established by an order of the Head of the Agency.

5. A servant who, on the basis of subparagraph „b“ of paragraph 1 of this Article, performs the duties of a servant temporarily absent from service shall be paid the official salary of the servant temporarily absent from service, if it exceeds his/her official salary. If the official salary of the servant temporarily absent from service is less than the official salary of the substituting servant, the substituting servant shall retain his/her own official salary.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11¹⁸. Encouragement of a servant🔗

1. For the exemplary performance of official duty, for long and conscientious service, for the performance of a particularly difficult, important assignment and/or for particular merit, the following forms of encouragement shall be applied to a servant:

a) expression of gratitude;

b) giving of a monetary reward;

c) awarding with a gift of value;

d) awarding with a certificate of merit;

e) awarding with a departmental award of the Ministry;

f) early conferral of the next state special rank;

g) early lifting of a disciplinary penalty;

h) reduction of the term of validity of a disciplinary penalty (in the case of the disciplinary penalties provided for by subparagraphs „d“ and „e“ of Article 11²⁰ of this Law);

i) promotion.

2. Several forms of encouragement may be applied to a servant simultaneously.

3. For courage and bravery shown in the performance of official duty, a servant may be nominated for a state award of Georgia.

4. An encouraged servant may again be encouraged for new merit by the same or another form of encouragement.

5. The procedure for encouraging a servant shall be approved by order of the Minister.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11¹⁹. Grounds for imposing disciplinary liability and types of disciplinary misconduct of a servant🔗

1. For the commission of a minor or grave disciplinary misconduct, a disciplinary penalty may be imposed on a servant.

2. The types of disciplinary misconduct of a servant are:

a) intentional or negligent non-performance or improper performance of official duty;

b) causing property damage to the Agency or intentionally or negligently creating a danger of the occurrence of such damage;

c) disregard or violation of the general rules of conduct aimed at discrediting the servant and the Agency, regardless of whether it was committed at or outside the service;

d) non-compliance with a lawful instruction of the immediate supervisor and/or a superior person;

e) violation of the norms of ethics of servants.

3. A disciplinary misconduct is grave if:

a) as a result of the disciplinary misconduct, the reputation of the servant who committed the disciplinary misconduct was damaged, which precludes the proper performance of official duty by him or her in the future;

b) as a result of the disciplinary misconduct, damage was caused to the reputation of the Agency or to another servant of the Agency, a third person or the public interest;

c) as a result of the disciplinary misconduct, significant material damage was caused to the Agency;

d) a servant subject to disciplinary liability committed a new disciplinary misconduct.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11²⁰. Disciplinary penalties🔗

1. Disciplinary penalties are:

a) remark;

b) warning;

c) reprimand;

d) withholding of official salary for not more than 10 working days;

e) withholding of 10 to 50 percent of official salary for a period of 1 to 6 months;

f) transfer to a lower position;

g) dismissal from service.

2. Dismissal from service may be applied only for the commission of a grave disciplinary misconduct.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11²¹. General rule for imposing and applying a disciplinary penalty🔗

1. Disciplinary proceedings shall be conducted by the structural subdivision of the Agency exercising internal control.

2. The Head of the Agency, on the basis of the conclusion of the structural subdivision of the Agency exercising internal control, shall take a decision on imposing a disciplinary penalty on a servant.

3. It shall be inadmissible to impose disciplinary liability on a servant during his/her temporary incapacity for work or while on leave or on a business trip, as well as if more than 1 year has elapsed since the commission of the disciplinary misconduct by him/her.

4. When imposing a disciplinary penalty on a servant, account shall be taken of the content, gravity and consequences of the disciplinary misconduct committed by him/her, as well as the circumstances of the commission of that misconduct, the servant's personality and merits.

5. The delivery by a court of an acquittal in the relevant criminal case and/or administrative offence case does not exclude the possibility of imposing disciplinary liability for the commission of a disciplinary misconduct.

6. The delivery by a court of a conviction in the relevant criminal case and/or administrative offence case excludes the possibility of imposing disciplinary liability for the commission of a disciplinary misconduct.

7. It shall be inadmissible to impose two or more disciplinary penalties on a servant for the commission of one disciplinary misconduct.

8. A servant shall be considered as having disciplinary liability for 1 year from the imposition of a disciplinary penalty on him/her.

9. A disciplinary penalty may be lifted from a servant early if he/she has not committed a new disciplinary misconduct and has shown himself/herself as a conscientious servant, as well as for special merit.

10. The norms of ethics of servants and the procedure of disciplinary proceedings shall be approved by the Minister.

Law of Georgia No. 1330 of 17 December 2025 – website, 25.12.2025.

Article 11²². Suspension of the service relations of a servant🔗

1. Suspension of the service relations of a servant means the temporary release of the servant from the performance of service duties and the release of the service from the obligation to provide the servant with service.

2. The service relations of a servant shall be suspended:

a) during the servant's being on leave;

b) when the servant is nominated as a candidate in elections to the Parliament of Georgia, the supreme representative body of the Autonomous Republic of Abkhazia or Adjara, as well as to the representative body of a municipality – the Sakrebulo, and the executive body – the mayor, unless otherwise provided by law;

c) during the servant's temporary incapacity for work;

d) in the cases provided for by paragraphs 3 and 5 of this Article, as well as during the servant's removal from service on other lawful grounds;

e) during the servant's placement at the disposal of the personnel;

f) in the case provided for by paragraph 6 of this Article.

3. The immediate or superior manager shall be obliged not to allow to work a servant and/or another person who is in a state of alcohol, narcotic or psychotropic intoxication. A person removed from service on this ground shall not be paid wages for the period of removal from service.

4. Suspension of the service relations of a servant in the case provided for by this Article (except for the cases provided for by subparagraphs „a“ and „d“ of paragraph 2 of this Article) shall be formalised by an individual administrative-legal act of the head of the agency.

5. The head of the agency shall have the right, during disciplinary proceedings, to remove the servant from service. During the period of suspension of service relations, the servant shall retain the official salary/rank salary and supplements, except for the cases provided for by paragraph 3 of this Article and by the legislation of Georgia.

6. The person having the authority to appoint a servant to a position shall suspend the servant's service powers (temporary removal from position) in the event of criminal prosecution, until the termination of the criminal prosecution or until the relevant judgment enters into legal force.

7. A servant temporarily removed from position shall, in the event of acquittal, be reinstated to the last position held, and if this is impossible – to an equivalent position. An acquitted servant shall be compensated for the official salary not received during the entire period of forced absence from the position.

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025.

Article 11²³. Termination of the official powers of a servant🔗

The grounds for termination of the official powers of a servant are:

a) dismissal from service;

b) termination of Georgian citizenship;

c) recognition as missing or declaration as deceased in accordance with the procedure established by law;

d) recognition by a court as having limited legal capacity or declaration as a recipient of support, unless otherwise determined by a court judgment;

e) death.

Law of Georgia No. 1330 of 17 December 2025 – website, 25 December 2025.

Article 11²⁴. Dismissal from service🔗

1. A servant may be dismissed from service:

a) due to transfer to another service;

b) due to violation of the requirements established upon admission to service (employment);

c) due to absence of a document necessary to hold the respective position;

d) due to abolition of a structural unit/territorial body of the Agency or reduction of staff;

e) due to commission of a grave disciplinary misconduct;

f) due to prolonged incapacity for work;

g) on the basis of a guilty verdict of a court that has entered into legal force in a criminal case;

h) due to a state of health which does not allow him/her to properly perform official duties;

i) due to unsatisfactory professional habits;

j) on the basis of a personal application;

k) in the case of confirmation of the use of substances included in Lists I and II of substances subject to special control in Georgia, except for their use by him/her for medicinal purposes;

l) in the case of refusal to undergo testing on the principle of periodic, random selection for the purpose of verifying the fact of use of substances included in Lists I and II of substances subject to special control in Georgia;

m) due to incompatibility with the position;

n) due to expiry of the term of being at the disposal of the staff;

o) on other grounds directly provided for by law.

2. A servant who arbitrarily abandons service for more than 5 days shall be considered dismissed from service from the second working day of his/her arbitrary abandonment.

3. A servant dismissed from a position may, by order of the Head of the Agency, be placed at the disposal of the staff for a period of not more than 4 months.

4. A servant placed at the disposal of the staff may be assigned temporary performance of duties.

5. A servant placed at the disposal of the staff shall be considered, from the day of being placed at the disposal of the staff, as having been warned of the possible termination of official powers.

6. A servant dismissed from service shall be obliged to return the property (material valuables) transferred to him/her for official use.

Law of Georgia No. 1330 of 17 December 2025 – website, 25 December 2025.

Article 12. Violation of the established regime by a convicted person🔗

1. In respect of a conditionally convicted person and a conditionally early released person, the regime established by law includes the obligation to appear once a week at the time and place established by the probation officer. A conditionally convicted person and a conditionally early released person with a low risk assessment have the right to appear at any probation bureau of Georgia. The regime established by law may also include the performance of other duties provided for by the legislation of Georgia.

1¹. The probation officer is authorized, on the basis of an assessment of the convicted person's risk and needs, to impose on a conditionally convicted person and a conditionally early released person the obligation to undergo the relevant mandatory rehabilitation course established by the Minister.

1². The probation officer is authorized to require a conditionally convicted person and a conditionally early released person for a drug crime, periodically or in the case of reasonable suspicion, to undergo the relevant narcological examination within 5 working days and to submit the appropriate conclusion. If, as a result of undergoing the narcological examination provided for by this paragraph, the convicted person is found to have used a narcotic substance, except for the use of this substance by the convicted person for medical purposes, the probation bureau is obliged to notify the Ministry of Internal Affairs of Georgia of this fact.

1³. If the convicted person appeared at the time and place established by the probation officer in a state of alcohol intoxication, does not obey the lawful demand of the probation officer, or behaves improperly, the probation officer is authorized, in agreement with the head of the probation bureau, to transfer the convicted person to a special regime, which implies the obligation of the convicted person to appear at the time and place established by the probation officer no more than three times a week for no more than 3 months.

1⁴. Failure by the convicted person to comply with the requirements defined by paragraphs 1¹ and 1² of this Article, or deliberate evasion of their fulfillment, is grounds for applying to the court with the corresponding submission provided for by subparagraphs “e”, “f” or “g” of paragraph 1 of Article 21 of this Law.

2. If the time of the convicted person's appearance coincides with a public holiday established by the Labour Code of Georgia, he or she is released from the obligation to appear on that day.

3. If the expiration of the term of the conditional sentence coincides with a public holiday or a rest day, the convicted person is released on the previous working day, and a certificate of release is issued in this regard.

4. On the basis of a written agreement with the Head of the Agency, the established regime may be relaxed for the convicted person, which implies the obligation to appear at the probation bureau once every 2 weeks, and in accordance with the procedure established by this Law – the obligation to appear once a month.

4¹. If the convicted person is a person with disabilities (a person with persistent physical, mental, intellectual or sensory impairments) or a person who has reached the age of old age (women − from 65 years, men − from 70 years), by written agreement with the head of the Agency, the established regime may be relaxed for the convicted person with the obligation to appear at the probation bureau once every 3 months, and if a convicted person with disabilities is unable to move independently, the probation officer shall supervise the convicted person at his/her place of residence by appearing not less than once every 3 months.

5. In the event of a violation by the convicted person of the established regime, an authorised person of the probation bureau shall draw up a protocol of administrative offence, which shall be handed over to the convicted person directly or sent by post (when sent by post, an appropriate record shall be made).

5¹. If a convicted person who is registered in the unified database of socially vulnerable families and whose socio-economic status score does not exceed the threshold score established by the Government of Georgia for receiving the subsistence allowance violates the regime established by law, an authorised person of the probation bureau shall draw up a protocol of warning, which shall be handed over to the convicted person directly or sent by post (when sent by post, an appropriate record shall be made).

6. The convicted person shall be entitled, within 5 working days from becoming acquainted with the protocol of administrative offence/protocol of warning, to appeal it to the head of the probation bureau. The head of the probation bureau shall consider and decide the matter within 15 working days. Appealing the protocol of administrative offence/protocol of warning, before the decision provided for by this paragraph is taken, shall suspend the running of the time limit established by paragraph 7 of this Article.

7. The convicted person shall be obliged to pay the fine imposed on him/her within 30 days from becoming acquainted with the protocol of administrative offence.

8. Violation by the convicted person of the established regime provided for by the first, 13, 4th and 4¹ paragraphs of this Article –

shall result in his/her being fined in the amount of GEL 100, while violation of the regime by a convicted person as defined by paragraph 5¹ of this Article − in his/her being warned.

8¹. The act provided for by paragraph 8 of this Article, committed repeatedly, within one year from the first violation, –

shall result in his/her being fined in the amount of GEL 200, while violation of the regime by a convicted person as defined by paragraph 5¹ of this Article − in his/her being warned repeatedly.

8². Violation by the convicted person of the established regime for the third and more times within one year from the last violation –

shall result in his/her being fined in the amount of GEL 300, while violation of the regime by a convicted person as defined by paragraph 5¹ of this Article − in his/her being given a further warning.

9. A third or more violation of the established regime by a convicted person may also become grounds for an authorised person of the probation bureau to apply to the court by submission. Together with the obligation to pay a fine/a warning or for failure to fulfil the imposed duties, the established regime may be changed and made more stringent for the convicted person.

10. If, during the probation period, the convicted person is no longer registered in the unified database of socially vulnerable families and his/her socio-economic status score is higher than the threshold score established by the Government of Georgia for receiving a subsistence allowance, upon the next violation of the established regime the convicted person shall be fined, according to the sequence of the violation, in the amount of the fine corresponding to that provided for by paragraphs 8, 8¹ and 8² of this Article.

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 11 November 2011 No. 5266 - website, 24.11.2011

Law of Georgia of 27 December 2011 No. 5626 - website, 12.01.2012

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Law of Georgia of 4 October 2013 No. 1470 - website, 16.10.2013

Law of Georgia of 13 December 2013 No. 1781 - website, 28.12.2013

Law of Georgia of 4 April 2014 No. 2184 - website, 14.04.2014

Law of Georgia of 12 June 2015 No. 3713 - website, 24.06.2015

Law of Georgia of 27 April 2016 No. 5016 - website, 13.05.2016

Law of Georgia of 1 June 2017 No. 954 - website, 20.06.2017

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Law of Georgia of 17 December 2025 No. 1330 – website, 25.12.2025

Article 12¹. Conditions for considering a violation of the regime established by this Law as excusable🔗

1. A violation of the regime established by this Law by a convicted person may be considered excusable if one of the following circumstances exists:

a) such a state of health of the convicted person that makes it impossible to comply with the established regime, which is confirmed by a relevant certificate issued by a doctor;

b) the death of a close relative of the convicted person (parent, adopter, foster parent, child, adopted child, foster child, grandfather, grandmother, grandchild, sister, brother, spouse (including a divorced spouse)) or of a person permanently living with the convicted person;

c) a business trip of the convicted person related to his/her official or professional, or sports, cultural or educational-scientific activity, which is confirmed by a relevant document;

d) a violation of the established regime by the convicted person for reasons independent of him/her, in the presence of force majeure, in particular, in the event of a natural disaster, accident, fire, mass disorder, military action, quarantine or declaration of a state of emergency, which is confirmed by a document issued by a relevant state institution;

e) the imposition of administrative imprisonment on the convicted person, the imposition of imprisonment on the convicted person as a measure of restraint, the arrest of the convicted person while staying abroad, the participation of the convicted person in procedural actions and/or investigative actions established by the criminal legislation of Georgia, as well as in the activities provided for by the Law of Georgia "On Operative-Investigative Activity" of law enforcement bodies, which is confirmed by a relevant document;

f) the convicted person's being in reserve military service, which is confirmed by a relevant document submitted to the probation bureau before the convicted person's call-up to reserve military service.

2. The document confirming the relevant circumstance defined by paragraph 1 of this Article shall be submitted by the convicted person to the relevant probation bureau at the first opportunity, but not later than the deadline established for the head of the probation bureau to consider the complaint and make a final decision.

3. An authorized person of the probation bureau shall not draw up the protocol provided for by paragraph 1 of Article 13 of this Law if the relevant circumstance defined by paragraph 1 of this Article is confirmed in advance − before the violation of the regime established by this Law by the convicted person.

4. In addition to the circumstances defined by paragraph 1 of this Article, in the presence of such an objective circumstance due to which the convicted person was unable to comply with the regime established by law, the decision on considering the violation of the regime established by law by the convicted person as excusable shall be made by the head of the probation bureau on the basis of a written agreement with the head of the agency.

Law of Georgia of 11 November 2011 No. 5266 - website, 24.11.2011.

Law of Georgia of 4 October 2013 No. 1470 - website, 16.10.2013.

Law of Georgia of 27 April 2016 No. 5016 - website, 13.05.2016.

Law of Georgia No. 757 of 4 May 2017 – website, 24.05.2017

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019

Law of Georgia No. 3513 of 21 September 2023 – website, 12.10.2023

Article 13. Proceedings in cases of administrative offences and the procedure for payment of a fine imposed for violation of the established regime🔗

1. In the event of a violation of the established regime by a convicted person, the authorised person of the Probation Bureau shall, no later than the next working day after the detection of the violation, draw up a protocol of the administrative offence.

2. The protocol of the administrative offence is at the same time a fine receipt, the form and procedure for drawing it up of which shall be determined by order of the Minister.

3. The protocol of the administrative offence shall state: the date and place of its drawing up; the position, name and surname of the person drawing it up; data on the identity of the person committing the administrative offence; the place, time and essence of the commission of the administrative offence; the article of this Law which provides for liability for this administrative offence; the explanation of the person committing the administrative offence; the procedure and time limit for appealing the protocol; other information necessary for deciding the case.

4. On the basis of the fine receipt, within 7 days after the expiry of the time limit established for the voluntary enforcement of the payment of the fine, the authorised person of the Probation Bureau shall, by issuing the relevant enforcement writ, effect the conversion of the payment of the fine to compulsory enforcement.

5. Compulsory enforcement of the payment of the fine shall be carried out by the enforcement officer in accordance with the procedure established by the Law of Georgia on Enforcement Proceedings.

6. In the protocol on the warning provided for by paragraph 5¹ of Article 12 of this Law, the following shall be stated: the date and place of drawing it up; the position, name and surname of the person drawing it up; the personal data of the convicted person; the place, time, essence and sequence of the violation of the established regime; the legal basis of the warning, with reference to the relevant articles of this Law; the expected consequences; the procedure and time limit for appealing the warning; other information relating to the fact of the violation of the established regime. The warning shall be certified by the seal and signature of the authorised person of the Probation Bureau.

Law of Georgia No. 225 of 15 July 2008 - LHG I, No. 17, 28.07.2008, Art. 141

Law of Georgia No. 1933 of 3 November 2009 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia No. 2997 of 27 April 2010 - LHG I, No. 24, 10.05.2010, Art. 161

Law of Georgia No. 6215 of 15 May 2012 – website, 29.05.2012

Law of Georgia No. 1781 of 13 December 2013 - website, 28.12.2013

Law of Georgia No. 954 of 1 June 2017 - website, 20.06.2017

Law of Georgia No. 3130 of 5 July 2018 – website, 11.07.2018

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019

Article 14. Permission for a convicted person to travel abroad🔗

1. The permission for a convicted person to travel abroad shall be issued and revoked by the head of the probation bureau on the basis of written agreement with the head of the agency.

1¹. A convicted person shall be granted permission to travel abroad:

a) if he/she is a citizen of the respective foreign country or a citizen of Georgia and of the respective foreign country, or has the right of residence in the respective foreign country, a work visa and/or is temporarily registered in this country. This circumstance must be confirmed by the passport of the respective foreign country, a residence certificate, a work visa or another document. The document shall indicate the validity period of the respective right/certificate;

b) if his/her close relative (spouse, child, adopted child, foster child) is a citizen of the respective foreign country — before the term of legal stay (90 days) in the respective foreign country. For this purpose, a document confirming the citizenship of the respective foreign country of the convicted person's close relative shall be submitted;

c) for the purpose of treatment abroad due to his/her serious illness or for the purpose of treatment abroad due to the serious illness of a close relative of the convicted person (parent, adoptive parent, foster parent, child, adopted child, foster child, grandfather, grandmother, grandchild, sister, brother, spouse or a person permanently living with the convicted person), if it is necessary for the convicted person to accompany his/her close relative. The necessity of the convicted person's accompaniment, in addition to other objective circumstances, shall be conditioned by the substantiated circumstance that the convicted person's close relative has no other close relative besides him/her who would take care of him/her during treatment abroad. The necessity of treatment abroad of the convicted person or his/her close relative shall be confirmed by medical documentation issued by the authorized agency/institution of Georgia and/or of a foreign country. If the treatment of the convicted person or his/her close relative in a foreign country is financed by an authorized state body of Georgia or a municipal body, the convicted person shall also submit the respective document confirming the financing;

d) for the purpose of bringing the body of his/her deceased close relative (parent, adoptive parent, foster parent, child, adopted child, foster child, grandfather, grandmother, grandchild, sister, brother, spouse (including a divorced spouse) or a person permanently living with the convicted person) from a foreign country to Georgia or transferring/burying in another country. The fact of the death of the convicted person's close relative shall be confirmed by the respective document issued by Georgia or a foreign country;

e) if he/she participates on behalf of Georgia in an official, international cultural, sports, professional or educational-scientific event, which is confirmed by the respective document (documents) issued by an authorized person;

f) if he/she was invited for the purpose of work or study by a legal entity resident in the respective foreign country, which is confirmed by the respective document (documents) issued by this legal entity, by a certificate confirming employment and/or a contract, which (which) must be certified by an authorized person of the respective foreign country. If the convict's study in the foreign country is financed by an authorized state agency, the convict shall present the respective document confirming the financing;

g) if he/she works as a seafarer, driver or flight attendant in a legal entity resident in Georgia or in a foreign country and has presented a document (documents) confirming the profession/specialty and/or employment;

h) if he/she travels to a foreign country (except for the member states of the European Union and the countries of the Schengen zone) to perform seasonal work. In this case, the permit for the convict's departure abroad shall be issued on the basis of an individual assessment, during which the nature of the crime committed by the convict, the risk and the convict's behaviour during the probation period shall be taken into account. At the same time, the convict shall present a valid visa (if a visa is required) of the country to which he/she is travelling, and a certificate from the potential employer (if any).

1². The validity period of the permit for the convict's departure abroad may be extended for the respective period if:

a) the authorized agency of the respective foreign country has prohibited the convict from leaving this country, criminal prosecution is pending against him/her in the said country or he/she has been granted witness status, or this follows from the interests of the investigation;

b) any of the circumstances defined by paragraph 1¹ of this Article still exists;

c) the 90-day period of legal stay in the respective foreign country referred to in subparagraph „b“ of paragraph 1¹ of this Article has not expired.

1³. In order to issue a permit for the convict's departure abroad, it is necessary that there be no unpaid fine established by this Law.

1⁴. In the presence of any of the circumstances defined by subparagraphs „c“−„e“ of paragraph 1¹ of this Article, the permit for the convict's departure abroad may be issued or the validity period of the permit may be extended without prejudice to the requirement established by paragraph 1³ of this Article.

1⁵. During the validity period of the permit for the convict's departure abroad, the following may become grounds for its revocation:

a) the initiation of criminal prosecution against the convict, which became known to the probation bureau;

b) the imposition on the convict of administrative detention or a preventive measure, which became known to the probation bureau;

c) violation by the convict, without a valid reason, of the regime established in the respective probation bureau;

d) use by the convict of the permit for the convict's departure abroad for a purpose or for travelling to a country other than that indicated in the respective application.

1⁶. Permission for a convicted person to travel abroad may not be issued, or an issued permission may be revoked, also for the purpose of achieving the objective defined by paragraph 1 of Article 7 of this Law, without observing the requirements established by this Article.

1⁷. It is inadmissible to issue permission for a convicted person to travel abroad in the absence of any of the circumstances provided for by paragraph 1¹ of this Article.

1⁸. It is inadmissible to issue permission for a convicted person to travel abroad if the convicted person was deported, readmitted or extradited from a foreign country (in the case of a European Union member state — from a country of the Schengen Area) and/or the convicted person violated the rules of visa-free travel in a European Union member state.

2. The rules for issuing permission for a convicted person to travel abroad, for extending its validity period and for revoking the permission, and other procedural issues, as well as the amount of the fee for permission for a convicted person to travel abroad, shall be determined by order of the Minister.

3. (Removed - 29.11.2019, No. 5390).

4. (Removed - 29.11.2019, No. 5390).

5. The fee for permission for a convicted person to travel abroad shall be credited to the account of the Agency. In the event of refusal to issue permission for a convicted person to travel abroad or revocation of permission for a convicted person to travel abroad, the fee paid shall not be refunded.

6. In the case of participation of a convicted person, on behalf of Georgia, in an official, international cultural, sports, professional or educational-scientific event and/or the need to provide abroad medical assistance necessary for the life of the convicted person or the life of his/her minor child/adopted children/foster child, which is confirmed by a relevant document issued by a competent person, the convicted person may, by decision of the head of the Agency, be released from the obligation to pay the fees established by the legislation of Georgia.

7. If, during the period of validity of the permission for a convicted person to travel abroad, the convicted person is present in the territory of Georgia, he/she shall be obliged to appear at the probation bureau in compliance with the established regime.

8. The term of the service provided by the Agency shall start running from the next working day after registration of the application and shall end immediately upon the end of the last working day of the term of this service. If the last day of the term of the said service falls on a rest day or a public holiday, the day of expiry of this term shall be considered the next working day.

9. In the event of crossing or attempting to cross the border of Georgia by a convicted person without permission for the convicted person to travel abroad, the employee of the authorised body of the system of the Ministry of Internal Affairs of Georgia, assigned at the relevant border crossing point to supervise compliance with the state border regime, shall be obliged to detain him/her and immediately notify the Agency thereof.

10. The Agency shall be obliged to immediately dispatch the authorized employee of the nearest Probation Bureau to the relevant border crossing point provided for by paragraph 9 of this Article. The said authorized employee of the Probation Bureau shall be obliged to immediately appear at the relevant border crossing point, to draw up and hand over to the convicted person the relevant protocol of administrative offence, on the basis of which the convicted person shall bear the obligation to pay the fine established by paragraph 11 of this Article.

11. Crossing the border of Georgia by a convicted person without permission for the convicted person to travel abroad, or an attempt to cross it, shall result in the fining of the convicted person:

a) in the first case – in the amount of 1000 GEL;

b) in the case of the repeated commission of the same act within one year from the first case (upon the second and each subsequent commission) – in the amount of 2000 GEL.

12. The repeated commission of the act provided for by paragraph 11 of this Article shall be the grounds for applying to the court with the relevant submission provided for by subparagraphs „a“, „b“, „f“–„h“ and „j“ of paragraph 1 of Article 21 of this Law.

Law of Georgia No. 1933 of 3 November 2009 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia No. 2997 of 27 April 2010 – LHG I, No. 24, 10.05.2010, Art. 161

Law of Georgia No. 6215 of 15 May 2012 – website, 29.05.2012

Law of Georgia No. 954 of 1 June 2017 – website, 20.06.2017

Law of Georgia No. 3130 of 5 July 2018 – website, 11.07.2018

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019

Law of Georgia No. 6957-rs of 15 July 2020 – website, 28.07.2020

Article 14¹. Conditions for granting a benefit in respect of a convicted person's reporting to the probation bureau🔗

1. (removed – 15.05.2012, No. 6215).

2. An application on granting a benefit in respect of a convicted person's reporting to the probation bureau shall be considered and a decision shall be taken by the head of the probation bureau on the basis of a written agreement with the head of the Agency.

3. The decision of the head of the probation bureau shall be communicated to the convicted person in writing no later than 5 working days after the receipt of the application by the head of the probation bureau.

4. (removed – 15.05.2012, No. 6215).

5. In accordance with the procedure established by paragraph 4 of Article 12 of this Law, upon the application of the convicted person, he/she may be imposed the obligation to report to the probation bureau not more than once a month after payment of the one-time fee provided for by paragraph 7 of this Article.

6. The time limit provided for by paragraph 3 of this Article shall apply to the consideration of the convicted person's application.

7. The amount of the fee for imposing the obligation on the convicted person to report to the probation bureau not more than once a month shall be determined by order of the Minister. This fee shall be transferred to the account of the Agency.

8. In the case of a temporary change by the convicted person of his/her place of location, for a period of not more than 3 months, at the time of reporting to the probation bureau in accordance with the regime established by law, the convicted person may report and register at the relevant probation bureau according to his/her actual place of location.

9. In the case provided for by paragraph 8 of this Article, the convicted person shall, no later than the working day preceding the reporting, notify in writing the probation bureau handling the case of the temporary change of place of location, indicating the relevant period.

10. In the case provided for by paragraph 8 of this Article, the probation bureau handling the case shall issue to the convicted person a temporary registration permit. This permit shall contain the name and address of the probation bureau where, according to the established schedule, the convicted person must report for the purpose of exercising the relevant control over him/her, as well as the signature of the authorised person of the probation bureau. The form of the temporary registration permit shall be approved by the head of the Agency.

Law of Georgia of 3 November 2009 No. 1933 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Law of Georgia of 13 December 2013 No. 1781 – website, 28.12.2013

Law of Georgia of 27 April 2016 No. 5016 – website, 13.05.2016

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 15. (removed)🔗

Law of Georgia of 3 November 2009 No. 1933 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Law of Georgia of 1 August 2014 No. 2650 – website, 18.08.2014

Law of Georgia of 12 June 2015 No. 3713 – website, 24.06.2015

Law of Georgia of 27 April 2016 No. 5016 – website, 13.05.2016

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 15¹. General duties of a convicted person🔗

1. A convicted person, proceeding from his/her legal status, shall be obliged to obey the rules and conditions of serving the sentence established by the legislation of Georgia, to fulfil the duties imposed on him/her and the lawful demands of the probation officer of the Agency and other authorised employees, and not to leave the territory of Georgia without the permission of the head of the probation bureau. Convicted persons provided for by subparagraph „a“ of paragraph 1 of Article 2 of this Law and those convicted military servicemembers in respect of whom, in accordance with paragraph 2 of Article 66 of the Criminal Code of Georgia, control and assistance are exercised by the command of the military unit, shall not be required to obtain such permission.

2. In the event of non-fulfilment by a convicted person of the duties imposed on him/her, coercive measures may be applied to him/her in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 16. Registration, distribution and control of the execution of a legal act subject to execution🔗

1. A legal act shall be submitted for execution to the probation bureau, and a person authorized for that purpose shall, within 3 working days, register it in the special electronic programme for the registration of convicts.

2. The following shall be recorded in the special electronic programme for the registration of convicts:

a) the registration number of the legal act;

b) the date of entry of the legal act into the probation bureau (the date of acceptance into enforcement proceedings);

c) the type of legal act, the name of the body receiving (issuing) it, the date of entry into force of the act;

d) a brief content of the operative part of the legal act;

e) data on the convict (name, surname, date and place of birth, place of residence according to registration, as well as the actual place of residence, marital status, place of work or educational institution, and in the case of a legal entity – the name of the legal entity and the legal address);

f) the article of the Criminal Code of Georgia on the basis of which the legal act was adopted (issued);

g) the probation officer to whom the legal act was transferred for execution;

h) data on submissions;

i) the date of completion of the enforcement proceedings.

3. The head of the probation bureau shall transfer the legal act for execution to a probation officer according to the place of residence of the convict (the actual or legal address indicated by the convict) and the territorial area of activity of the probation bureau.

3¹. After the acceptance of the legal act into enforcement proceedings, an enforcement case shall be opened and shall be assigned a unique serial number.

3². The information to be entered into the enforcement case, as well as the procedure for conducting enforcement proceedings, shall be determined by the "Instruction on Enforcement Proceedings of Non-custodial Sentences and Probation Acts". This instruction shall be approved by order of the Minister.

4. (Removed).

5. Control over the execution of the legal act and the performance of the official duties assigned to the employees of the probation bureau shall be exercised by the head of the probation bureau.

6. The procedure for reviewing the materials in the enforcement case shall be established in accordance with the legislation of Georgia.

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 27 April 2010 No. 2997 - LHG I, No. 24, 10.05.2010, Art. 161

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Law of Georgia of 30 April 2014 No. 2324 - website, 13.05.2014

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 16¹. Self-recusal and recusal of a probation officer🔗

1. A probation officer may not conduct enforcement proceedings in respect of a convicted person if he/she:

a) participated in a criminal case in respect of the convicted person in the status of a victim;

b) participated in the examination of a criminal case in respect of the convicted person as a judge, prosecutor, investigator, witness, expert, interpreter, legal representative or court hearing secretary;

c) is a relative of the convicted person or of his/her legal representative, or of the victim or of his/her legal representative;

d) is personally, directly or indirectly interested in the outcome of the enforcement proceedings, or there is another circumstance that casts doubt on his/her impartiality.

2. A relative provided for by subparagraph „c“ of paragraph 1 of this Article shall be considered to be the mother, father, grandmother, grandfather, spouse, child, adopted child, foster child, adopter, spouse of the adopter, foster parent (godmother, godfather), grandchild, sister, brother, spouse's parent, daughter-in-law, son-in-law, former spouse, a person in an unregistered marriage and a member of his/her family, guardian, curator, supporter, as well as any other persons who permanently run or ran a joint family household.

3. Upon discovery of a ground defined by paragraph 1 of this Article, the probation officer shall immediately apply to the head of the probation bureau with a request for self-recusal, who shall consider the said request within 5 working days and take a decision on granting the request for self-recusal or refusing to grant it.

4. In the course of enforcement proceedings, the convicted person or his/her legal representative shall be entitled, where a ground defined by paragraph 1 of this Article exists, to apply to the head of the probation bureau with a request for recusal of the probation officer, who shall consider the said request in accordance with the procedure established by paragraph 3 of this Article.

5. A decision of the head of the probation bureau on granting a request for self-recusal/recusal of a probation officer shall not be subject to appeal.

6. A decision of the head of the probation bureau on refusing to grant a request for self-recusal/recusal of a probation officer shall be appealed to the relevant district (city) court according to the location of the probation bureau, within 5 days from the person entitled to appeal the decision becoming aware of it.

Law of Georgia of 27 April 2016 No. 5016 - website, 13.05.2016.

Law of Georgia of 1 June 2017 No. 954 - website, 20.06.2017.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 17. (removed)🔗

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012.

Law of Georgia of 30 April 2014 No. 2324 - website, 13.05.2014.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 17¹. Rule for sending and delivering a document in the process of enforcement of a legal act🔗

1. The territorial body of the Agency shall deliver the notification, warning, fine receipt, decision and other document provided for by this Law to the addressee in accordance with the procedure established by Articles 71 and 73–76 of the Civil Procedure Code of Georgia.

2. If the delivery of the sent document is confirmed by the recipient's signature, this signature shall be considered valid even if it is made using electronic and/or other technical means.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 18. Definition of a legal act subject to enforcement and appearance of the convicted person🔗

1. A legal act subject to enforcement shall be sent to the Agency immediately upon the entry into force of this legal act.

2. If the legal act subject to enforcement is ambiguous or contains any inaccuracy, the head of the probation bureau shall apply to the body receiving (issuing) the act with a request for interpretation of the unclear or imprecise part of this act.

3. The head of the probation bureau shall notify the body receiving this act in writing, within 5 working days, of the commencement and completion of the enforcement of the received legal act subject to enforcement.

4. If the convicted person does not reside at the address indicated in the legal act adopted by the court, or resides at this address but evades appearance at the probation bureau, the head of the probation bureau shall send the legal act, together with a document confirming the said circumstance, to the receiving court for declaring a search for the convicted person.

5. During the process of searching for the convicted person, the running of the probation period shall be suspended.

6. The convicted person shall be obliged to appear at the probation bureau indicated in this legal act no later than 15 days from the entry into force of the legal act subject to enforcement, and also no later than 5 days from release from the penitentiary institution, for the purpose of commencing the enforcement of the legal act, becoming acquainted with his/her rights and obligations in relation to the legal act subject to enforcement, and the exercise of appropriate control over him/her by the probation bureau. The probation officer shall inform the convicted person who has appeared at the probation bureau of his/her rights and obligations and the possible consequences of their non-fulfilment, of which he/she shall draw up an appropriate record.

7. If the convicted person has not appeared within the period provided for by paragraph 6 of this Article, the probation bureau shall warn him/her. He/she shall be obliged to appear at the probation bureau no later than one week after receipt of the warning. Non-appearance is grounds for the head of the probation bureau to apply to the court with the submissions provided for by subparagraphs „a“, „b“, „f“, „g“ and „h“ of paragraph 1 of Article 21 of this Law.

8. The obligation of the probation bureau to warn a convicted person as provided for by paragraph 7 of this Article shall not apply to a convicted person who has no place of residence (actual or legal address) on the territory of Georgia or whose place of residence is on occupied territory. A convicted person who has no place of residence on the territory of Georgia or whose place of residence is on occupied territory shall be warned in advance by the body receiving/issuing the legal act about the implementation of the measures provided for by this Law in the event of non-appearance at the relevant probation bureau. The form and procedure for warning a convicted person placed in a penitentiary institution who has no place of residence on the territory of Georgia or whose place of residence is on occupied territory shall be determined by order of the Minister. In the above case, the head of the relevant probation bureau shall send the legal act to the court receiving that act in order to declare a search for the convicted person.

Law of Georgia No. 1933 of 3 November 2009 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia No. 2324 of 30 April 2014 – website, 13.05.2014

Law of Georgia No. 3525 of 1 May 2015 – website, 18.05.2015

Law of Georgia No. 954 of 1 June 2017 – website, 20.06.2017

Law of Georgia No. 3130 of 5 July 2018 – website, 11.07.2018

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019

Article 19. Record🔗

1. In the process of carrying out an enforcement action, a probation officer shall draw up a record, which shall contain:

a) the place and date of drawing up the record;

b) the name of the legal act for the enforcement of which the record is drawn up;

c) the first and last name of the probation officer drawing up the record;

d) data on the persons present at the time of drawing up the record;

e) the content of the enforcement action.

2. The correctness of the record shall be confirmed by the signatures of the probation officer, the convicted person and the persons present at the time of drawing up the record, and by the seal of the probation officer. A person's refusal to sign shall be noted in the record.

Article 20. Report of the probation officer on the request to apply to the court with a submission🔗

If a probation officer considers that there exists a ground determined by the legislation of Georgia for applying to the court with a submission, he/she shall write a report addressed to the head of the probation bureau. The report shall indicate:

a) the number of the enforcement case;

b) the legal act to be enforced;

c) brief information on enforcement actions;

d) information on the failure by the convicted person (including a legal entity) to fulfil the obligation imposed on him/her (if any);

e) the reasoned opinion of the probation officer concerning the expediency of the submission;

f) the signature of the probation officer and the date of submission of the report.

Law of Georgia No. 1933 of 3 November 2009 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia No. 2324 of 30 April 2014 – website, 13.05.2014

Law of Georgia No. 954 of 1 June 2017 – website, 20.06.2017

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019

Article 21. Types of submissions by the Head of the Probation Bureau🔗

1. The Head of the Probation Bureau, where there are appropriate grounds, applies to the court with one of the following submissions:

a) on replacing the sentence of community service imposed on the convicted person with another type of sentence;

a¹) on the conditional early release of the convicted person from serving the sentence imposed in the form of community service;

b) on replacing the sentence of corrective labour imposed on the convicted person with another type of sentence;

c) on the full or partial revocation of an obligation imposed by the court on a conditionally convicted person or on imposing a new obligation on him/her;

d) (removed – 11.11.2011, No. 5266);

e) on extending the probation period by not more than one year due to the failure of a conditionally convicted person to fulfil an imposed obligation or the imposition of an administrative penalty;

f) on the revocation of the conditional conviction and the enforcement of the sentence imposed by the judgment;

g) on the revocation of conditional early release and the enforcement of the unserved part of the sentence;

h) on the revocation of the deferral of serving the sentence and sending the convicted person to the place designated by the judgment to serve the sentence;

i) on replacing the sentence of deprivation of the right to carry out an activity imposed on a legal entity with another type of sentence;

j) on replacing the house arrest imposed on the convicted person with another type of sentence.

1¹. The submission shall state:

a) the name of the legal act in the process of enforcement of which it became necessary to apply to the court by way of a submission;

b) data on the convicted person and the obligations imposed on him/her by the court;

c) information on the behaviour of the convicted person and the ground for applying to the court by way of a submission;

d) information on the activity of the legal entity and the ground for applying to the court by way of a submission;

e) the content of the submission.

1². The submission shall be signed and certified with the seal of the Probation Bureau by the Head of the Probation Bureau.

1³. Evidence confirming the facts stated therein shall be attached to the submission.

1⁴. A copy of the case of the ongoing enforcement proceedings against the convicted person (including a legal entity), certified by the Probation Bureau, shall accompany the submission.

2. The submission shall be filed with the court according to the place of residence (actual or legal address) of the convicted person, and in the absence thereof – according to the location of the respective Probation Bureau.

3. A ruling on the granting of the submission or on refusal to grant it shall be issued by the court not later than 10 days after the submission is filed.

4. The Head of the Probation Bureau, where there is a corresponding application of the convicted person and an appropriate ground (including, for a person convicted of committing a crime provided for by Chapter XXXIII and Article 381 of the Criminal Code of Georgia (on the ground of violation of the restriction provided for by the Law of Georgia “On Combating Drug Crime”), the relevant conclusion on narcological examination issued by the state expert institution), applies, with a motion for revocation of the conditional conviction of the convicted person and removal of the criminal record, to the permanent commission of the Agency examining matters of revocation of conditional conviction (hereinafter — the permanent commission).

5. (Removed - 01.06.2017, No. 954).

5¹. (Removed - 01.06.2017, No. 954).

6. By the submission provided for by paragraph 1 of this Article, the Head of the Probation Bureau applies to the court on the basis of a written agreement with the Head of the Agency.

Law of Georgia of 26 December 2008 No. 895 - LHG I, No. 41, 30.12.2008, Art. 319

Law of Georgia of 3 November 2009 No. 1933 - LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 11 November 2011 No. 5266 - website, 24.11.2011

Law of Georgia of 27 December 2011 No. 5626 - website, 12.01.2012

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Law of Georgia of 30 April 2014 No. 2324 - website, 13.05.2014

Law of Georgia of 12 June 2015 No. 3713 - website, 24.06.2015

Law of Georgia of 27 April 2016 No. 5016 - website, 13.05.2016

Law of Georgia of 1 June 2017 No. 954 - website, 20.06.2017

Law of Georgia of 26 July 2017 No. 1223 - website, 28.07.2017

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 21¹. (Removed)🔗

Law of Georgia of 11 November 2011 No. 5266 - website, 24.11.2011

Law of Georgia of 10 April 2012 No. 6011 – website, 20.04.2012

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Law of Georgia of 4 October 2013 No. 1470 - website, 16.10.2013

Law of Georgia of 13 December 2013 No. 1781 - website, 28.12.2013

Law of Georgia of 1 June 2017 No. 954 - website, 20.06.2017

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 22. (Removed)🔗

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Law of Georgia of 30 April 2014 No. 2324 - website, 13.05.2014

Law of Georgia of 1 June 2017 No. 954 - website, 20.06.2017

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019

Article 22¹. Revocation of a conditional conviction and removal of a criminal record for a convicted person🔗

1. By a legal act defined by subparagraph „a“ of paragraph 2 of Article 2 of this Law, in respect of a conditionally convicted person (including a conditionally convicted military servant, whose behaviour control is carried out in accordance with the procedure established by paragraph 2 of Article 66 of the Criminal Code of Georgia), after at least half of the established probation period has elapsed, as well as, in accordance with the conditions of the civil agreement provided for by Article 67¹ of the Criminal Code of Georgia, − even before half of the probation period has elapsed, on the basis of a relevant petition of the body exercising control and assistance in respect of the convicted person, a permanent commission adopts a decision on the revocation of the conditional conviction and the removal of the criminal record.

2. The permanent commission, in addition to the issues defined by paragraph 1 of this Article, on the basis of an application of a person and the submission of a relevant conclusion on the narcological examination issued by a state expert institution, considers and decides the issue of the early restoration of rights deprived to a person or the reduction of the term of deprivation of rights in accordance with the Law of Georgia „On Combating Drug Crime“, for which it is necessary that one third of the term of their deprivation has elapsed.

2¹. The permanent commission, in addition to the issues defined by paragraphs 1 and 2 of this Article, on the basis of an application of a person, considers and decides the issue of the early restoration of a right deprived to a person/the reduction of the term of deprivation of a right on the basis of the Law of Georgia „On Combating Crimes Directed Against Sexual Freedom and Inviolability“, for which it is necessary that the following has elapsed:

a) in the case of conviction of a person for committing a less serious category of crime − at least one third of the term of deprivation of the right;

b) in the case of conviction of a person for committing a serious category of crime − at least half of the term of deprivation of the right;

c) in the case of conviction of a person for committing a particularly serious category of crime − at least two thirds of the term of deprivation of the right.

3. When adopting a relevant decision, the permanent commission takes into account the behaviour of the convicted person during the probation period, the facts of his/her commission of a crime in the past, the personality of the convicted person, family situation, the nature of the crime committed by him/her, the fulfilment of the conditions of the civil agreement in the case provided for by Article 67¹ of the Criminal Code of Georgia, as well as whether the goal defined by paragraph 1 of Article 7 of this Law has been achieved, and other circumstances that may influence the decision of the permanent commission.

4. The permanent commission consists of 5 members. The permanent commission includes:

a) 1 employee of the structural subdivision within the civil division of the state sub-agency institution within the system of the Ministry — the Special Penitentiary Service (hereinafter — the Special Penitentiary Service);

b) 2 staff members of the Agency's system;

c) 1 representative of the High Council of Justice of Georgia;

d) 1 representative of general education institutions or higher education institutions.

5. The candidate for the representative of the Special Penitentiary Service shall be submitted to the Head of the Agency for approval by the General Director of the Special Penitentiary Service, the candidate for the representative of general education institutions or higher education institutions — by the Coordinating Council of the Special Penitentiary Service, and the candidate for the representative of the High Council of Justice of Georgia — by the Secretary of the High Council of Justice of Georgia.

6. The composition of the permanent commission shall be approved by the Head of the Agency.

7. The representative of general education institutions or higher education institutions and the representative of the High Council of Justice of Georgia shall exercise the powers of members of the permanent commission for a term of 1 year.

8. The chairperson of the permanent commission shall be elected by the permanent commission from among the composition of the permanent commission by open ballot, by a majority of the votes of the members present at the sitting.

9. The powers and rules of activity of the permanent commission shall be determined by the statute of the permanent commission. This statute shall be approved by the Minister.

10. The permanent commission shall consider the matter by oral hearing and/or without oral hearing, in compliance with the rules of administrative proceedings. The permanent commission shall, without oral hearing, adopt a decision on refusal to revoke the conditional sentence and to expunge the criminal record of a convicted person, on refusal to restore before term the right deprived of a person under the Law of Georgia "On Combating Drug Crime"/to reduce the term of deprivation of this right, or on refusal to restore before term the right deprived of a person under the Law of Georgia "On Combating Crimes Against Sexual Freedom and Inviolability"/to reduce the term of deprivation of the right.

11. If the permanent commission adopts a decision on refusal to revoke the conditional sentence and to expunge the criminal record of a convicted person, on refusal to restore before term the right deprived of a person under the Law of Georgia "On Combating Drug Crime"/to reduce the term of deprivation of this right, or on refusal to restore before term the right deprived of a person under the Law of Georgia "On Combating Crimes Against Sexual Freedom and Inviolability"/to reduce the term of deprivation of the right, re-consideration of an application on the same matter shall be permissible 6 months after the adoption of the said decision.

12. The decision of the standing commission may be appealed to court once under the administrative procedure.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Law of Georgia of 17 March 2020 No. 5754 – website, 23.03.2020.

Law of Georgia of 2 April 2025 No. 421 – website, 03.04.2025.

Article 23. Completion of enforcement case proceedings🔗

1. In the case of deprivation of the right to hold a position or engage in an activity, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated upon expiry of the period established by the court during which the person was deprived of the right to hold a certain position or engage in an activity, as well as upon release from serving this sentence.

1¹. In the case of restriction of rights related to weapons, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated upon expiry of the period established by the court during which the person's right related to weapons was restricted, as well as upon release from serving this sentence.

2. In the case of imposition of labour for the benefit of society, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated:

a) upon fully serving the sentence;

b) upon substitution of the sentence of labour for the benefit of society with another type of sentence, as well as upon release from serving this sentence.

3. In the case of imposition of corrective labour, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated:

a) upon fully serving the sentence;

b) upon substitution of the sentence of corrective labour with another type of sentence, as well as upon release from serving this sentence.

4. In the case of imposition of a conditional conviction on a convicted person, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated:

a) upon expiry of the probation period established by the court;

b) upon revocation of the conditional conviction and expungement of the criminal record of the convicted person;

c) upon adoption of a legal act according to which the conditional conviction is revoked and the sentence imposed by the judgment is to be enforced.

5. In the case of conditional early release of a convicted person, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated:

a) upon expiry of the unserved part of the sentence;

b) upon adoption of a legal act according to which the conditional early release is revoked and the unserved part of the sentence is to be enforced.

6. In the case of deferral of serving the sentence, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated:

a) upon expiry of the period for which the court deferred the enforcement of the sentence;

b) upon adoption of a legal act according to which the deferral of serving the sentence is revoked and the convicted person is sent to serve the sentence at the place designated by the judgment;

c) upon adoption of a legal act according to which the deferral of serving the sentence is revoked and the convicted person is released from serving the remaining sentence.

7. In the case of deprivation of the right to engage in an activity for a legal entity, enforcement proceedings in respect of a legal act subject to enforcement shall be terminated:

a) in the case of liquidation of the legal entity in respect of which the court delivered a guilty judgment in the form of deprivation of the right to engage in an activity;

b) upon expiry of the term of the sentence imposed by the court;

c) in the case of substitution by the court, on the basis of a submission of the head of the Probation Bureau, of the sentence of deprivation of the right to engage in an activity imposed on the legal entity with another type of sentence.

7¹. (Removed – 01.06.2017, No. 954).

7². In the case of imposition of house arrest, enforcement proceedings in respect of the enforceable legal act are terminated:

a) upon the sentence being fully served;

b) upon house arrest being replaced by another type of sentence, as well as upon release from serving this sentence.

8. In the case provided for by subparagraph „a“ of paragraph 6 of this Article, the probation officer shall notify the court of the expiry of the period during which the execution of the sentence was deferred.

8¹. If a convicted person who has been sentenced to a non-custodial sentence, or a conditionally convicted person, has been subjected by the court to imprisonment as a measure of restraint during the period of execution of the sentence or of the probation period, the head of the relevant territorial body of the Agency shall, by decision, suspend the enforcement proceedings.

8². The court shall be obliged to immediately notify the relevant territorial body of the Agency of the imposition, change or revocation of imprisonment as a measure of restraint. In the case of replacement or revocation of imprisonment imposed as a measure of restraint by another measure, the enforcement proceedings shall continue.

9. In the case of revocation of an enforceable legal act that has entered into legal force and of the death of the convicted person, the enforcement proceedings shall be terminated, while in the case of the entry into legal force of a court judgment on the expulsion of the convicted person from Georgia on the basis of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons” and of the extradition of the convicted person, the enforcement proceedings shall be suspended. In the case of the convicted person's entry into Georgia during the limitation period, the enforcement proceedings shall be resumed.

10. After the completion of the enforcement proceedings, the enforcement case shall be kept in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 4 October 2013 No. 1470 – website, 16.10.2013.

Law of Georgia of 30 April 2014 No. 2324 – website, 13.05.2014.

Law of Georgia of 12 June 2015 No. 3713 – website, 24.06.2015.

Law of Georgia of 27 April 2016 No. 5016 – website, 13.05.2016.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Law of Georgia of 30 May 2018 No. 2398 – website, 08.06.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 24. (Removed)🔗

Law of Georgia of 3 November 2009 No. 1933 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 25. Procedure for the execution of deprivation of the right to hold a position or engage in activity as a form of punishment🔗

1. A copy of the court judgment on deprivation of the right to hold a position or engage in activity shall be forwarded for execution to the probation bureau at the convicted person's place of residence or work.

2. The probation officer shall register the convicted person, explain to him the rules and conditions of serving the sentence, and periodically monitor the fulfilment of the obligations imposed on the convicted person.

3. If the probation officer establishes that the convicted person holds the position or engages in the activity prohibited by the judgment, he shall send a request to the employer official to dismiss the convicted person from the held position or to prohibit him from the activity indicated in the judgment.

4. The request sent to the employer official must contain a warning about the criminal liability expected in the event of non-execution of the court judgment or obstruction of its execution.

5. If the employer official, within 5 working days from receipt of the probation officer's request, does not dismiss the convicted person from the held position or does not change his field of activity, the relevant materials shall be forwarded to the prosecutor's office.

Article 26. Obligations of the employer's administration where the convicted person works🔗

1. Execution of the requirement of the judgment on deprivation of the right to hold a position or engage in activity is mandatory for the employer's administration where the convicted person works.

2. The employer's administration where the convicted person works shall be obliged:

a) within no later than 7 working days from receipt of the copy of the judgment and of the notification from the probation bureau on the dismissal of the convicted person from the position or the prohibition of activity for him, to notify the probation bureau about the measures taken;

b) upon the request of the probation bureau, to submit the documents related to the execution of the sentence;

c) within 5 working days, to notify the probation bureau about the amendment or termination of the employment contract with the convicted person.

Article 27. Obligation of the bodies authorised to annul a decision on granting the right to a certain activity🔗

1. Execution of the requirement of the judgment on deprivation of the right to a certain activity is mandatory for the body authorised to annul a decision on granting the right to a certain activity.

2. The body referred to in paragraph 1 of this Article shall, within no later than 5 working days from receipt of the copy of the judgment and of the request of the probation bureau, annul the decision that granted the convicted person the right to a certain activity, withdraw the relevant documents from him and notify the probation bureau thereof.

Article 27¹. Enforcement of a legal act on deprivation of the right to carry on activity for a legal entity🔗

1. When enforcing a legal act on deprivation of the right to carry on activity for a legal entity, the probation officer shall take measures to ensure that the type of prohibited activity and the term of prohibition of that activity are recorded in the registration data of the legal entity.

2. If deprivation of the right to carry on activity for a legal entity concerns the prohibition of the licensed/permit-requiring activity of the legal entity, the probation officer shall, within 3 days of receipt of the relevant legal act for enforcement, notify the body issuing the respective licence/permit of the deprivation of the right to carry on activity for the legal entity.

3. The probation officer shall periodically monitor the proper fulfilment by the legal entity of the legal act on deprivation of the right to carry on activity for the legal entity.

4. If the legal entity evades enforcement of the relevant legal act and continues the prohibited activity, the head of the probation bureau shall, in accordance with the procedure established by this Law, apply to the court with a submission on replacing the penalty of deprivation of the right to carry on activity imposed on the legal entity with another type of penalty.

5. The relevant provisions on enforcement established by this Law shall apply to a legal entity, except in cases where, given the content of the norm, their application to a legal entity is impossible.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 28. (removed)🔗

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 29. Procedure for the enforcement of community service as a penalty🔗

1. After receiving for execution a copy of the court judgment on the imposition of community service (including, in accordance with the procedure established by the Criminal Code of Georgia, when a plea agreement is concluded between the parties) or a copy of the decision of the local council of the Special Penitentiary Service (hereinafter – the local council), the probation bureau shall determine for the convict the type and daily duration of the community service. The penalty imposed in the form of community service shall be enforced in a public institution, except where, given the community-beneficial nature of the work to be performed, the penalty may be enforced in a legal entity of private law.

2. A contract shall be concluded between the probation bureau and the employer, which shall specify the type of community service to be performed by the convict, the total term, the daily duration, the workplace, the employer's name and address, as well as other circumstances important for the resolution of the matter. A copy of this contract shall be given to the convict.

3. The Agency shall be entitled, for the purpose of ensuring the full-fledged enforcement of community service and its proper control, including electronic monitoring, to conclude a relevant agreement/contract with a municipal body or another employer. This agreement/contract may provide for the employer's obligation to pay a fee for the service. The service fee received in accordance with this paragraph shall be used by the Agency for the achievement of the said purpose and other purposes.

4. Taking into account his/her social status and working conditions, the convict shall be provided with meals, or the Agency shall reimburse him/her for meal expenses, the conditions and procedure for the provision of which shall be determined by a normative act of the Minister.

5. During the performance of community service, taking into account the work to be performed, the Agency shall provide the convict with appropriate insurance in accordance with the conditions and procedure established by the Minister.

6. The procedure and conditions for the enforcement of community service shall be determined by an order of the Minister.

Law of Georgia of 11 March 2011 No. 4430 – website, 22.03.2011.

Law of Georgia of 11 November 2011 No. 5266 – website, 24.11.2011.

Law of Georgia of 19 June 2012 No. 6504 – website, 02.07.2012.

Law of Georgia of 13 December 2013 No. 1781 – website, 28.12.2013.

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Law of Georgia of 15 July 2020 No. 6957-rs – website, 28.07.2020.

Article 30. Conditions for serving community service as a punishment🔗

1. Community service may be performed at any time of the day.

2. A convicted person has the right, at his/her own wish, where the appropriate conditions exist, to work for the benefit of the community on rest days.

Law of Georgia of 11 March 2011 No. 4430 – website, 22.03.2011.

Article 31. Calculation of the term of community service🔗

1. The term of community service shall be calculated in hours during which the convicted person performs the compulsory work.

2. If the duration of the work offered to the convicted person by the probation bureau is less than the term determined by the court or the local council, the probation bureau shall, before the expiry of the term of the offered work, assign a new workplace to the convicted person.

Law of Georgia of 11 March 2011 No. 4430 – website, 22.03.2011.

Law of Georgia of 19 June 2012 No. 6504 – website, 02.07.2012.

Law of Georgia of 13 December 2013 No. 1781 – website, 28.12.2013.

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 32. Duties of the employer's administration where a convicted person is serving a sentence in the form of community service🔗

1. The employer shall record the duration of the community service performed by the convicted person and the volume of the work performed, and shall keep the relevant records. The probation officer shall periodically monitor the accuracy of the employer's records and the work performed by the convicted person, and shall enter the data on the performance of the work in the record.

2. The obligation and compensation arising from the infliction of damage in the course of community service shall be determined by the legislation of Georgia.

Article 33. Liability of a person sentenced to community service🔗

1. The probation officer shall warn the convicted person about the liability established by the legislation of Georgia for violation of the rules and conditions of community service.

2. If the convicted person refuses to perform community service or persistently evades it, the head of the probation bureau shall, in accordance with the procedure established by this Law, apply to the court with a submission on replacing the punishment of community service with another form.

3. Where a person sentenced to community service fails to appear for work, the valid conditions established by paragraph 1 of Article 12¹ of this Law shall apply.

4. In the presence of valid reasons, the employer, in agreement with the probation officer, may release the convicted person from performing work on a specific day. In this case, the convicted person shall perform the unperformed work at another time.

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012.

Article 33¹. (removed)🔗

Law of Georgia of 26 December 2008 No. 895 - LHG I, No. 41, 30.12.2008, Art. 319

Law of Georgia of 9 March 2010 No. 2698 - LHG I, No. 12, 24.03.2010, Art. 69

Law of Georgia of 11 March 2011 No. 4430 - website, 22.03.2011

Law of Georgia of 19 June 2012 No. 6504 – website, 02.07.2012

Article 33². Procedure for the execution of unpaid work for the benefit of society🔗

1. If the subject of diversion assumes the performance of unpaid work for the benefit of society as a condition of diversion, the prosecutor shall send the probation bureau information on the condition of diversion assumed by this person, after which the probation bureau shall determine for the subject of diversion the type of work and its daily duration.

2. The provisions of this Law shall apply to the performance of unpaid work for the benefit of society by the subject of diversion, taking into account their content.

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Article 33³. Supervision of the performance of unpaid work for the benefit of society🔗

1. Control over the full performance of unpaid work for the benefit of society by the subject of diversion shall be exercised by the relevant probation bureau.

2. The probation bureau shall periodically submit to the prosecutor information on the performance by the subject of diversion of the assumed unpaid work for the benefit of society.

Law of Georgia of 15 May 2012 No. 6215 – website, 29.05.2012

Article 34. Procedure for the execution of corrective labour as a punishment🔗

1. Corrective labour shall be executed at the convicted person's principal place of work.

2. After receipt of a copy of the court judgment on the imposition of corrective labour for execution, or upon the convicted person's transfer to another place of work, the probation bureau shall send the employer a request to deduct from the convicted person's salary the amount corresponding to the percentage established by the court into the state revenue.

3. The request sent to the employer shall indicate the criminal liability that may be incurred in the event of non-compliance with the court judgment or obstruction of its execution.

Article 35. Conditions for serving corrective labour🔗

1. During the period of serving corrective labour, the convicted person shall be prohibited from being temporarily released from the performance of work without the written permission of the Probation Bureau. This permission may be issued only after the reason for temporary release from the performance of work has been substantiated. Refusal to issue this permission shall be reasoned. The decision on refusal to issue the said permission may be appealed in accordance with the procedure established by law.

2. If, due to the absence of a workplace or other valid reasons, it is impossible to enforce the sentence imposed in the form of corrective labour, the Agency shall be authorised to enforce this sentence through an entrepreneurial legal entity and/or a non-entrepreneurial legal entity founded by the Agency.

Law of Georgia No. 6215 of 15 May 2012 – website, 29.05.2012.

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019.

Article 36. Calculation of the term of corrective labour🔗

1. The term during which the convicted person worked and deductions were made from his/her salary shall be counted in the term of corrective labour.

2. Corrective labour shall commence from the day when the employer's administration, where the convicted person works, receives from the Probation Bureau a copy of the court judgment and other relevant documents.

Article 37. Duties of the employer's administration where the convicted person works🔗

1. The employer's administration where a person convicted to corrective labour works shall be charged with making correct and timely deductions from the convicted person's salary and transferring the deducted amount in accordance with the established procedure, monitoring the convicted person's behaviour, notifying the Probation Bureau of the application of incentive and punishment methods in respect of the convicted person, as well as of the transfer of the convicted person to another position or release from work.

2. If, in the course of serving the sentence, the convicted person is released from work at the initiative of the employer, the administration shall be obliged to immediately notify the Probation Bureau of the release of the convicted person.

3. (Deleted – 29.11.2019, No. 5390).

4. (Deleted – 29.11.2019, No. 5390).

5. (Deleted – 29.11.2019, No. 5390).

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019.

Article 38. Procedure for deduction from the salary of a person convicted to corrective labour🔗

1. The probation officer shall monitor the correctness of deductions from the convicted person's salary to the state revenue by the employer. The probation officer shall be entitled, where there is an appropriate ground, to summon the relevant bodies for the purpose of monitoring.

2. In the event of deterioration of the convicted person's financial situation, the Probation Bureau, the convicted person, the employer's administration where the convicted person works shall be entitled to apply to the court with a motion for a reduction of the amount to be deducted from the convicted person's salary.

Article 39. Responsibility of a person sentenced to corrective labour🔗

If the convicted person persistently evades corrective labour or violates the rules and conditions of serving the said sentence, the head of the probation bureau applies to the court with a submission on replacing corrective labour with another type of sentence.

Article 40. Powers of a probation officer and a social worker in the process of enforcement of legal acts of the type of probation🔗

1. In the process of enforcement of the legal acts provided for by paragraph 2 of Article 2 of this Law, the probation officer:

a) controls the fulfilment of the obligations imposed on the convicted person by the court;

b) controls the behaviour of the convicted person and provides assistance to him/her;

c) conducts measures of an educational nature with the convicted person;

d) as far as possible, assists the convicted person in employment placement;

e) carries out other measures that will promote the resocialisation of the convicted person, for which purpose, if necessary, establishes business relations with municipal bodies and other state and non-state bodies;

f) carries out the enforcement of the relevant legal act in accordance with the risk assessment of the convicted person and the individual plan for the enforcement of the sentence imposed on the convicted person. The principles, rules and form of drawing up this plan shall be determined by the Minister. In the performance of the said function, the probation officer shall cooperate with a social worker and a psychologist;

g) in accordance with the "Instruction on non-custodial sentences and enforcement proceedings of probation acts" approved by the Minister, registers in the special electronic programme information on the fulfilment by the convicted person of the regime established by law, as well as other information about the convicted person.

1¹. The use and disclosure for non-official purposes of information obtained in the course of professional activity within the Agency's system (except for the cases provided for by paragraph 4 of Article 50 of the Criminal Procedure Code of Georgia) shall be punishable in accordance with the procedure established by the legislation of Georgia.

2. When exercising control over the behaviour of the convicted person during the fulfilment of the obligations imposed on the convicted person by the court, the probation officer shall have the right to:

a) in the cases established by this Law and with the established periodicity, summon the convicted person for registration;

b) take an explanation from the convicted person;

c) receive information about the behaviour of the convicted person from his/her relatives, acquaintances, place of work and educational institution;

d) request information about the convicted person held in the relevant state and medical institutions.

3. The measures provided for by subparagraphs „c“ and „e“ of paragraph 1 of this Article may also be carried out, on the basis of a contract concluded with the Agency and in accordance with the criteria established by the Agency, by a social institution, an organisation, a social worker or a person with the relevant education.

4. In the process of the fulfilment of the contracts provided for by paragraph 5 of Article 105 of the Criminal Procedure Code of Georgia, on the basis of a corresponding application by the prosecutor, a social worker may participate in accordance with the procedure established by the legislation of Georgia.

5. Supervision over the fulfilment by a conditionally convicted person of the obligations assumed under a civil agreement provided for by Article 67¹ of the Criminal Code of Georgia shall be exercised by a probation officer. The Head of the Probation Bureau shall periodically submit to the prosecutor information on the fulfilment by the convicted person of the terms of the civil agreement.

Law of Georgia No. 4047 of 15 December 2010 – LHG I, No. 75, 27.12.2010, Art. 481

Law of Georgia No. 6215 of 15 May 2012 – website, 29.05.2012

Law of Georgia No. 1730 of 11 December 2013 – website, 25.12.2013

Law of Georgia No. 1781 of 13 December 2013 – website, 28.12.2013

Law of Georgia No. 5016 of 27 April 2016 – website, 13.05.2016

Law of Georgia No. 3130 of 5 July 2018 – website, 11.07.2018

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019

Law of Georgia No. 6957-rs of 15 July 2020 – website, 28.07.2020

Article 40¹. Ensuring the fulfilment of the obligation imposed on a person who has committed a domestic crime − organising the completion of a mandatory training course focused on changing violent attitudes and behaviour🔗

Ensuring the fulfilment of the obligation imposed on a person who has committed a domestic crime − organising the completion of a mandatory training course focused on changing violent attitudes and behaviour may, in addition to the Agency, also be carried out, on the basis of a contract (memorandum) concluded with the Agency, by a social institution with appropriate experience (competence), a non-entrepreneurial (non-commercial) legal entity or a person with the relevant education.

Law of Georgia No. 2707 of 17 October 2014 – website, 31.10.2014

Law of Georgia No. 5390 of 29 November 2019 – website, 10.12.2019

Article 41. Change of place of residence by a convicted person🔗

1. If a court, by its act, imposes on a convicted person the obligation not to change his/her place of residence without the consent of the body executing the sentence, an application by the convicted person concerning a change of place of residence shall be considered, and a decision shall be taken, by the Head of the Probation Bureau.

2. The decision of the Head of the Probation Bureau on granting permission to change the place of residence shall be communicated to the convicted person in writing no later than 2 weeks after receipt of the application.

3. If the court has not imposed on the convicted person the obligation provided for by paragraph 1 of this Article, he/she shall notify the body exercising control of the change of place of residence 2 weeks in advance.

3¹. For failure to comply with the requirements established by paragraphs 1 and 3 of this Article, the convicted person may be transferred to the special regime of reporting provided for by paragraph 1³ of Article 12 of this Law.

4. In the event of a change of place of residence by the convicted person, the enforcement case shall be forwarded to the Probation Bureau according to the new place of residence of the convicted person.

Law of Georgia No. 6215 of 15 May 2012 – website, 29.05.2012

Article 42. Issuance of a warning to a convicted person whose execution of sentence has been deferred🔗

1. If a convicted person whose execution of sentence has been deferred in accordance with subparagraph „c“ of paragraph 2 of Article 2 of this Law refuses the child or evades his or her upbringing, the probation officer shall warn him or her in writing that such conduct is grounds for applying to the court with the submission provided for by subparagraph „h“ of paragraph 1 of Article 21 of this Law, of which the officer shall draw up the relevant record. Immediately upon drawing up the record, the probation officer shall provide information on the circumstances indicated in this paragraph to the Social Service Agency, a legal entity of public law under state control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, which shall implement the measures provided for by the legislation of Georgia.

2. If the situation referred to in the first paragraph of this article has not been remedied within 1 month, the head of the probation bureau shall apply to the court with a submission on the revocation of the deferral of serving the sentence and on sending the convicted person to serve the sentence at the place designated by the judgment.

Law of Georgia of 11 November 2011 No. 5266 – website, 24.11.2011.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 43. (Repealed)🔗

Law of Georgia of 3 November 2009 No. 1933 – LHG I, No. 35, 19.11.2009, Art. 238

Article 44. Failure by a convicted person to fulfil an assigned obligation🔗

1. The following shall be considered failure by a convicted person to fulfil an assigned obligation:

a) disobedience to the lawful demand of a probation officer;

b) failure to fulfil an obligation assigned by the court or refusal to fulfil it.

2. The grounds for applying to the court with a submission shall be:

a) failure of the convicted person to appear, at least three times, at the time and place set by the probation officer;

b) refusal by the convicted person to fulfil the obligation or evasion thereof;

b¹) commission of the act provided for by paragraph 11 of Article 14 of this Law;

c) other cases provided for by law.

3. (Repealed).

Law of Georgia of 3 November 2009 No. 1933 – LHG I, No. 35, 19.11.2009, Art. 238

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 44¹. (Repealed)🔗

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 44². (Repealed)🔗

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 27 April 2016 No. 5016 – website, 13.05.2016.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 44³. (repealed)🔗

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 17 October 2014 No. 2707 – website, 31.10.2014.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 44⁴. (repealed)🔗

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 44⁵. (repealed)🔗

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 44⁶. (repealed)🔗

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 44⁷. (repealed)🔗

Law of Georgia of 27 December 2011 No. 5626 – website, 12.01.2012.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 44⁸. Procedure for the enforcement of house arrest🔗

1. The procedure established by Chapter V of this Law shall apply, taking into account the specifics of this Chapter, to the acceptance for proceedings and enforcement of legal acts on house arrest imposed as a penalty.

2. A legal act on house arrest shall be subject to acceptance for proceedings and commencement of enforcement immediately, unless otherwise determined by this legal act.

3. The operation of Chapter IV of this Law shall not extend to a person sentenced to house arrest, except for Article 12¹.

4. In the process of enforcement of a legal act on house arrest, the rights and obligations determined by this Law shall extend to the convicted person, taking into account the specifics of this Chapter.

5. In the event of violation by the convicted person, without valid excuse, of the house arrest regime (the time and conditions of house arrest established by the court/local council, as well as other obligations of the convicted person), the head of the Probation Bureau shall apply to the court that delivered the judgment with a corresponding submission.

6. House arrest shall, as a rule, be enforced through the use of electronic monitoring. The decision on the non-use of electronic monitoring shall be taken by the Agency.

7. In the enforcement of house arrest, in the event of loss of the electronic monitoring means by the convicted person or damage to the electronic monitoring means through the convicted person's culpable act, the obligation to compensate for the damage shall be imposed on him, and in the case of a minor convicted person – on his legal representative.

8. Where control through the use of electronic monitoring of house arrest is technically impossible, control shall be exercised by unannounced visits by a probation officer to the convicted person's place of residence, not less than six times a month, of which a corresponding record shall be drawn up.

9. In the enforcement of house arrest, if the incentive conditions provided for by Article 12¹ of this Law exist, in agreement with the head of the Agency, upon a reasoned request of the convicted person or his legal representative, with the written permission of the head of the Probation Bureau, the convicted person may be granted the right to temporarily leave the place of residence.

10. In the case of enforcement of house arrest through electronic monitoring, a fee may be imposed. This fee shall be credited to the Agency's account and shall be used for the achievement of its goals and the performance of its functions.

11. A convicted person who is registered in the unified database of socially vulnerable families and whose socio-economic status score does not exceed the threshold score established by the Government of Georgia for receiving subsistence allowance shall be exempt from payment of the fee imposed for the enforcement of house arrest through electronic monitoring.

12. The following shall be determined by order of the Minister:

a) the procedure and conditions for the enforcement of house arrest and the amount of the fee for enforcement of house arrest through electronic monitoring;

b) the procedure and conditions for payment of the fee for enforcement of house arrest through electronic monitoring;

c) the procedure and conditions for placing funds on deposit.

Law of Georgia of 12 June 2015 No. 3713 – website, 24.06.2015.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Law of Georgia of 5 July 2018 No. 3130 – website, 11.07.2018.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 44⁹. Procedure for the enforcement of the restriction of rights related to weapons as a form of punishment🔗

1. The procedure established by Chapter V of this Law shall apply to the acceptance for proceedings and the enforcement of a legal act on the restriction of rights related to weapons as a form of punishment, taking into account the specificities of this Chapter.

2. A copy of the court judgment on the restriction of rights related to weapons shall be transmitted for enforcement to the probation bureau at the place of residence of the convicted person.

3. The probation officer shall register the convicted person and explain to him/her the rules and conditions of serving the sentence.

4. Within 3 working days from the acceptance for proceedings of the legal act to be enforced, the probation officer shall send to the Ministry of Internal Affairs of Georgia a request for the revocation of the weapons-related licence (permit) of the convicted person.

Law of Georgia of 30 May 2018 No. 2398 – website, 08.06.2018.

Article 44¹⁰. Obligation of the body authorised to revoke a weapons-related licence (permit)🔗

The Ministry of Internal Affairs of Georgia shall revoke a weapons-related licence (permit) and confiscate weapons in accordance with the procedure established by the legislation of Georgia. In the case of revocation of a licence (permit) on the basis of a request by a probation officer, the Ministry of Internal Affairs of Georgia shall provide the probation bureau with information on the measures taken no later than 3 working days after they are taken.

Law of Georgia of 30 May 2018 No. 2398 – website, 08.06.2018.

Article 44¹¹. Rule for the enforcement of the prohibition on a convicted person leaving Georgia🔗

1. The rule established by Chapter V of this Law shall apply, taking into account the peculiarities of this Chapter, to ensuring the fulfilment of the measure of prohibition on a convicted person leaving Georgia provided for by the Criminal Procedure Code of Georgia and the Law of Georgia “On Enforcement Proceedings”.

2. The fulfilment of the measure of prohibition on a convicted person leaving Georgia provided for by the Criminal Procedure Code of Georgia and the Law of Georgia “On Enforcement Proceedings” shall be ensured by the probation bureau according to the convicted person’s place of residence or place of work.

3. The probation officer shall register the convicted person, explain to the convicted person the rules and conditions for the fulfilment of the obligation of the prohibition on leaving Georgia, and shall periodically monitor the fulfilment by the convicted person of the duties imposed on him/her.

4. Ensuring the fulfilment of the measure of prohibition on a convicted person leaving Georgia provided for by the Criminal Procedure Code of Georgia and the Law of Georgia “On Enforcement Proceedings” shall be carried out through the use of an electronic monitoring means.

5. In the event of the loss by the convicted person of the electronic monitoring means or of damage to the electronic monitoring means through the convicted person’s culpable act, during the enforcement of the prohibition on the convicted person leaving Georgia, the obligation to compensate the damage shall be imposed on him/her.

6. If the court has imposed pre-trial detention as a measure of restraint or imprisonment as a penalty on a convicted person who has been imposed the obligation of the prohibition on leaving Georgia, the head of the respective probation bureau shall, by decision, suspend the enforcement proceedings of the prohibition on the convicted person leaving Georgia.

7. After the completion of the enforcement proceedings of the prohibition on the convicted person leaving Georgia, the enforcement case shall be kept in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 3 September 2025 No. 956 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 986 – website, 17.10.2025.

Article 44¹². Control and supervision of the enforcement of the prohibition on a convicted person leaving Georgia🔗

1. Control and supervision of the enforcement of the prohibition on a convicted person leaving Georgia shall be exercised by the relevant probation bureau.

2. A convicted person, proceeding from his/her legal status, shall be obliged to comply with the rules and conditions for the enforcement of the prohibition on a convicted person leaving Georgia established by the legislation of Georgia, to fulfil the duties imposed on him/her and the lawful demands of the probation officer and other authorised employees of the Agency. In the event of non-fulfilment by the convicted person of the duties imposed on him/her, coercive measures may be applied to him/her in the manner established by the legislation of Georgia.

3. The rules and conditions for the enforcement of the prohibition on a convicted person leaving Georgia shall be determined by an Order of the Minister.

Law of Georgia of 3 September 2025 No. 956 – website, 05.09.2025.

Article 44¹³. Termination of enforcement proceedings for the prohibition on a convicted person leaving Georgia🔗

1. In the event of the death of a convicted person, the proceedings related to ensuring the enforcement of the measure prohibiting him/her from leaving Georgia shall be terminated.

2. The enforcement of the measure prohibiting a convicted person from leaving Georgia shall be terminated if he/she pays the victim compensation provided for by the Criminal Procedure Code of Georgia, the convicted person compensates the damage caused to the victim, or the victim declares in writing that he/she refuses the payment of victim compensation to him/her/compensation of the damage caused to him/her.

Law of Georgia of 3 September 2025 No. 956 – website, 05.09.2025.

Law of Georgia of 16 October 2025 No. 986 – website, 17.10.2025.

Article 45. Transitional Provisions🔗

At the moment of entry into force of this Law:

a) conditionally convicted persons and conditionally early released persons shall be imposed with the obligation to appear once a year at the time and place determined by the probation officer;

b) minor convicted persons and conditionally early released minors shall be imposed with the obligation to appear not more than once a week at the time and place determined by the probation officer;

c) those convicted persons and conditionally early released persons who have less than one year remaining until the expiry of the term of serving the sentence shall be imposed with the obligation to appear once during the remaining term of serving the sentence at the time and place determined by the probation officer.

Article 45¹. Rule for regulating the counting of the number of violations of the established regime by a convicted person🔗

The counting of the number of violations of the regime established by Article 12 of this Law shall start from 1 January 2010.

Law of Georgia of 27 April 2010 No. 2997 - LHG I, No. 24, 10.05.2010, Art. 161

Article 45². (repealed)🔗

Law of Georgia of 11 November 2011 No. 5266 - website, 24.11.2011.

Law of Georgia of 29 November 2019 No. 5390 – website, 10.12.2019.

Article 45³. (removed)🔗

Law of Georgia of 4 October 2013 No. 1470 – website, 16.10.2013.

Law of Georgia of 25 December 2014 No. 2981 – website, 30.12.2014.

Law of Georgia of 22 December 2016 No. 186 – website, 29.12.2016.

Law of Georgia of 1 June 2017 No. 954 – website, 20.06.2017.

Article 45⁴. Application of the rules provided for by paragraph 1 of Article 5 and paragraph 8 of Article 18 of this Law in respect of convicted persons whose place of residence (actual or legal address) is located in the occupied territories established by the Law of Georgia “on Occupied Territories”🔗

1. Until the full restoration of the jurisdiction of Georgia over the occupied territories established by the Law of Georgia “on Occupied Territories”, in the case provided for by paragraph 1 of Article 5 of this Law, if the place of residence (actual or legal address) of the convicted person is located in the occupied territory established by the Law of Georgia “on Occupied Territories”, the body receiving (issuing) the legal act shall be obliged to indicate in the legal act to be enforced the relevant probation bureau where the convicted person shall report.

2. Until the full restoration of the jurisdiction of Georgia over the occupied territories established by the Law of Georgia “on Occupied Territories”, the obligation of the probation bureau to warn the convicted person provided for by paragraph 8 of Article 18 of this Law shall not apply to a convicted person whose place of residence is located in the occupied territory established by the Law of Georgia “on Occupied Territories”.

Law of Georgia of 30 April 2014 No. 2324 – website, 13.05.2014.

Article 45⁵. Time limit for organising mandatory training courses focused on changing violent attitudes and behaviour🔗

The National Agency of Probation shall, by 1 September 2015, ensure the organisation of mandatory training courses focused on changing violent attitudes and behaviour for persons committing domestic crime who have been sentenced to restriction of liberty as a punishment and/or in respect of whom a conditional conviction has been applied.

Law of Georgia of 17 October 2014 No. 2707 – website, 31.10.2014.

Article 45⁶. Approval of the “Instruction on enforcement proceedings in respect of non-custodial sentences and probation acts”🔗

The Minister of Corrections and Probation shall, by 1 July 2016, approve the “Instruction on enforcement proceedings in respect of non-custodial sentences and probation acts”.

Law of Georgia of 27 April 2016 No. 5016 – website, 13.05.2016.

Article 46. Normative act declared invalid🔗

Upon the entry into force of this Law, the Law of Georgia of 19 June 2001 “on the procedure for the enforcement of non-custodial sentences and on probation” (Legislative Herald of Georgia, No. 21, 4.07.2001, Art. 76) shall be declared invalid.

Article 47. Entry into force of the Law🔗

This Law shall enter into force on the 15th day after its publication.

President of Georgia M. Saakashvili

Tbilisi,

19 June 2007

No. 4956–Is