Civil Procedure Code of Georgia

Law of Georgia

Civil Procedure Code of Georgia

Article 1. Scope of Application🔗

1. The common courts of Georgia shall consider civil cases in accordance with the rules established by this Code.

2. Proceedings in civil cases shall be conducted under the procedural legislation in force at the time of consideration of the case, performance of an individual procedural action, or enforcement of a court judgment.

Article 2. Judicial Protection of a Right🔗

1. Every person shall be ensured judicial protection of a right. The court shall commence consideration of a case upon the application of a person who applies to it for the protection of his/her right or interests provided for by law.

2. The court may refuse to accept an application and to consider a case only on the grounds and in the manner established by this Code.

Article 3. Principle of Dispositivity🔗

1. The parties shall initiate proceedings in court, in accordance with the rules set forth in this Code, by filing a claim or an application. They shall determine the subject matter of the dispute and shall themselves decide on filing a claim (application).

2. The parties may terminate the proceedings by settlement. The claimant may waive the claim, and the defendant may acknowledge the claim.

Article 4. Principle of Adversarial Proceedings🔗

1. Legal proceedings shall be conducted on an adversarial basis. The parties shall enjoy equal rights and opportunities to substantiate their claims, to refute or rebut the claims, opinions or evidence presented by the other party. The parties shall themselves determine which facts should form the basis of their claims or by which evidence these facts should be proved.

2. To clarify the circumstances of the case, the court may, on its own initiative, resort to the measures provided for in this Code.

Article 5. Administration of Justice Only by a Court on the Principles of Equality of Citizens🔗

1. Justice in civil cases shall be administered only by a court on the principles of equality of all persons before the law and the court.

2. In the administration of justice, for the purpose of participating equally with others, parties and participants with disabilities shall enjoy the rights and opportunities conferred by the Law of Georgia on the Rights of Persons with Disabilities, including through participation with the status of a special claimant.

Law of Georgia of 14 July 2020 No. 6839 – website, 28.07.2020.

Article 5¹. Specialization of Persons Participating in Proceedings Related to the Protection of the Rights of a Minor🔗

1. A judge, lawyer, social worker and/or another appropriate specialist invited taking into account the needs of the minor, specialized in the methodology of interaction with a minor and other related issues, participate in proceedings related to the protection of the rights of a minor.

2. The specialization standard shall be determined by a Resolution of the Government of Georgia, and in the case of a judge – by a decision of the High Council of Justice of Georgia.

Law of Georgia of 20 September 2019 No. 5014 – website, 27.09.2019.

Law of Georgia of 21 May 2020 No. 5914 – website, 25.05.2020.

Article 6. Independence of Judges and Their Subjection to the Law🔗

1. A judge shall be independent in his or her activities and shall be subject only to the Constitution of Georgia and the law. Any influence on a judge or interference in his or her activities for the purpose of influencing decision-making shall be prohibited and shall be punishable by law.

2. If, in the opinion of the court hearing the case, the law that is to be applied to this case does not comply with or contradicts the Constitution, the court shall suspend the hearing of the case until the Constitutional Court of Georgia adopts a decision on this issue, after which the hearing of the case shall be resumed.

3. If, in the opinion of the court hearing the case, a subordinate normative act whose review does not fall within the competence of the Constitutional Court does not comply with the law, the court shall deliver a judgment in accordance with the law.

Article 7. Analogy of Statute and Analogy of Law🔗

1. If there is no statute regulating the disputed relationship, the court shall apply the statute regulating a similar relationship (analogy of statute), and if no such statute exists, the court shall rely on the general principles of Georgian legislation (analogy of law).

2. If there is no civil procedural norm regulating a relationship arising during court proceedings, the court shall apply the norm of procedural law regulating a similar relationship (analogy of statute), and if no such norm exists, the court shall rely on the general principles of civil procedural law (analogy of law).

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 8. Delivery of a Judgment in the Name of Georgia🔗

A court shall deliver a judgment in the name of Georgia.

Article 9. Publicity of civil proceedings and the language of proceedings🔗

1. All cases in court shall be examined at open hearings, unless this contradicts the interests of the protection of state secrets. Examination of a case at a closed hearing shall also be permissible in other cases provided for by legislation, on the basis of a reasoned motion of a party.

1¹. Photography, filming, video recording, stenography and audio recording in the court building, as well as of the examination of a civil case, shall be carried out in accordance with the procedure established by the Organic Law of Georgia on Common Courts.

2. The parties and their representatives shall participate in the examination of a case at a closed hearing, and where necessary – witnesses, experts, specialists and interpreters.

3. The court shall issue a reasoned ruling on the examination of a case at a closed hearing.

4. Proceedings shall be conducted in the state language. A person who does not know the state language shall be provided with an interpreter.

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 11 July 2007 No. 5290 – LHG I, No. 29, 27.07.2007, Art. 330

Article 10. Binding force of court judgments🔗

Court judgments (rulings, resolutions) that have entered into legal force, as well as demands and orders raised by a court for the exercise of its powers, shall be binding throughout the entire territory of Georgia for all state, public or private enterprises, institutions, organisations, officials or citizens, and they shall be executed.

Article 11. Departmental jurisdiction of civil cases to courts🔗

1. In accordance with the procedure established by civil procedural legislation, the court shall consider cases concerning the protection of a violated or disputed right, as well as of interests provided for by law, namely:

a) disputes arising from civil, family, labour, land, natural resource use and environmental protection relations between citizens, between citizens and legal entities, as well as between legal entities;

b) (removed);

c) (removed);

d) (removed);

e) cases concerning a dispute between public and religious organisations;

f) cases of uncontested proceedings ;

g) cases related to the confiscation and transfer to the State of the property of a person convicted of racketeering property, an official, a member of the "thieves' world"/"thief-in-law", a human trafficker, a facilitator of the distribution of a narcotic drug, or a crime provided for by Article 194 and/or Article 331¹ of the Criminal Code of Georgia;

h) adoption cases ;

i) cases concerning the application of sanctions established by the legislation of Georgia to a person connected with a person convicted of carrying out prohibited economic activity in the occupied territories ;

j) ( removed - 19.02.2015, No. 3096);

k) cases related to the prohibition of the distribution of a creative work, if the distribution of the work infringes the rights of others.

2. Other categories of cases may also be assigned to the jurisdiction of courts by law.

3. The courts shall consider the cases listed above, if their consideration, in accordance with law, does not fall within the competence of another body.

4. Courts shall consider cases arising from international treaties, as well as cases in which citizens of a foreign country, stateless persons, enterprises and organisations participate.

5. After a claim is accepted for court proceedings, a dispute that has arisen between the parties may not be considered by any other court or body. At the same time, the parties shall not be deprived of the right to sell or otherwise alienate the subject matter of the dispute, or to waive their claim.

Law of Georgia of 10 December 1999 No. 70 – LHG I, No. 48(55), 16.12.1999, Art. 245

Law of Georgia of 24 June 2004 No. 211 - LHG I, No. 18, 09.07.2004, Art. 64

Law of Georgia of 4 July 2007 No. 5199 - LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia of 18 December 2007 No. 5628 - LHG I, No. 48, 27.12.2007, Art. 418

Law of Georgia of 19 December 2008 No. 797 - LHG I, No. 40, 29.12.2008, Art. 284

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 28 December 2011 No. 5665 - website, 11.01.2012

Law of Georgia of 13 November 2013 No. 1525 - website, 22.11.2013

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015

Law of Georgia of 18 April 2018 No. 2151 – website, 01.05.2018

Law of Georgia of 22 December 2018 No. 4026 – website, 25.12.2018

Article 12. Transfer of a dispute to arbitration for consideration🔗

A private-nature property dispute based on the equality of persons, the settlement of which the parties are able to arrange between themselves, may, by agreement of the parties, be transferred to arbitration for consideration.

Law of Georgia of 19 June 2009 No. 1281 – LHG I, No. 13, 2 July 2009, Art. 64

Article 13. Civil cases within the jurisdiction of the district (city) court🔗

1. The district (city) court shall consider at first instance civil cases subordinate to the court by departmental subordination.

2. The district (city) court may include a magistrate judge who shall consider the cases provided for by Article 14 of this Code in the administrative-territorial units existing within the territorial area of operation of the district (city) court.

3. In an administrative-territorial unit where no magistrate judge operates, as well as in the case of his/her absence, the cases provided for by Article 14 of this Code may be considered by another judge of the district (city) court.

4. If there are several interrelated claims, one of which does not fall within the cases within the jurisdiction of a magistrate judge, the case shall be considered by another judge of the district (city) court.

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11 July 2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31 July 2006, Art. 243

Article 14. Civil cases within the jurisdiction of magistrate judges🔗

Magistrate judges shall consider at first instance the following cases:

a) property disputes, if the value of the claim does not exceed GEL 5,000;

b) cases of uncontested and simplified proceedings, except cases of adoption, as well as claims for compensation of damage under the simplified procedure and cases of declaring property ownerless, if the value of the claim or of the property exceeds GEL 5,000;

c) disputes arising from family-law relations, except cases of adoption, deprivation of parental rights, establishment of paternity and divorce, if there is a dispute between the spouses concerning the assignment of the child;

d) (removed).

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14 May 1999, Art. 64

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 1 June 1999, Art. 71

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13 July 2000, Art. 71

Law of Georgia of 24 June 2004 No. 211 – LHG I, No. 18, 9 July 2004, Art. 64

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11 July 2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31 July 2006, Art. 243

Law of Georgia of 15 December 2010 No. 4075 – LHG I, No. 76, 29 December 2010, Art. 505

Law of Georgia of 7 March 2018 No. 2035 – website, 29 March 2018

Article 15. General jurisdiction🔗

1. An action shall be filed with the court according to the defendant's place of residence. An action against a legal entity shall be filed with the court according to the location of the legal entity. In non-contentious proceedings, jurisdiction shall be determined according to the place of residence of the person against whom the application (complaint) is directed.

1¹. Actions (applications) in the cases provided for by Article 14 of this Code shall be filed with the court according to the territorial area of activity of the magistrate judge, and in an administrative-territorial unit where no magistrate judge operates – with the district (city) court.

2. If the defendant has no place of residence, the action shall be heard in the court according to his location in the territory of Georgia, and if the defendant's location is unknown, the action may be brought according to his last place of residence.

Law of Georgia of 23 June 2005 No. 1740 - LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 16. Special jurisdiction🔗

1. An action against several defendants shall be filed with the court according to the place of residence of one of the defendants.

2. Actions arising from a contract shall be filed with the court according to the place of performance of the contract or the place where the contract was to be performed, except for the case provided for by paragraph 5 of this Article.

3. An action arising from the activity of a branch of a legal entity shall be filed with the court only according to the location of the branch.

4. Actions relating to testamentary or intestate succession shall be filed with the court according to the place of residence of the testator before his death. If the testator is a citizen of Georgia, but at the time of death he was living abroad, an action may be brought in court according to his last place of residence in Georgia or the location of the estate property.

5. Actions arising from contracts on the granting of a loan (credit) concluded (including concluded in electronic form) by Georgian banking institutions, microfinance organizations, non-bank deposit institutions − qualified credit institutions, shall be filed with the court according to the defendant's place of residence.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 7 March 2018 No. 2035 - website, 29.03.2018

Article 17. Bringing an action against a defendant who has no place of residence in Georgia (property jurisdiction)🔗

An action against a defendant who has no place of residence in Georgia may be filed with the court according to the location of the defendant's property, and if the claim is secured by any thing, the action may be brought according to the location of that thing.

Article 18. Jurisdiction in rem🔗

1. A claim concerning the right of ownership, the encumbrance of property with rights or release from such encumbrance, as well as a claim related to the division, distribution and possession of property, if the dispute concerns immovable things, including a right to a land plot, may be filed with the court according to the location of the things.

2. Jurisdiction in rem shall also cover a claim directed against the owner or possessor of an immovable thing, as well as a claim brought on account of damage to an immovable thing or compensation for loss.

Article 19. Jurisdiction over family disputes🔗

1. A claim for the dissolution of marriage, annulment of marriage, as well as establishment of the existence or non-existence of marriage may be filed with the court according to the joint place of residence of the spouses. If no such place exists at the time of filing the claim, the claim may be filed according to the place of residence of the defendant, and if the defendant has no place of residence in Georgia, the case shall be heard by the court according to the place of residence of the claimant.

2. If minor children live with the claimant, which makes it difficult for the claimant to appear before the court at the place of residence of the defendant, the case may, at the claimant's request, be heard by the court at the claimant's place of residence.

3. (Removed).

4. A claim for the establishment of paternity may be filed with the court according to the child's place of residence.

5. A claim for the recovery of alimony may be filed with the court according to the claimant's place of residence.

Law of Georgia No. 1956 of 13 May 1999 – LHG I, No. 15(22), 14.05.1999, Art. 64

Article 19¹. Jurisdiction over an adoption case🔗

A claim for the adoption of a child may be filed with the court according to the location of the adopter or of the child to be adopted.

Law of Georgia No. 5628 of 18 December 2007 – LHG I, No. 48, 27.12.2007, Art. 418

Article 20. Jurisdiction at the claimant's choice🔗

The right to choose the court, where a case falls within the jurisdiction of several courts, belongs to the claimant.

Article 21. Agreement on jurisdiction🔗

1. If no court with unequivocal jurisdiction has been established, the parties may establish the jurisdiction of a court by agreement. The agreement shall be concluded in writing.

2. A court lacking jurisdiction may acquire jurisdiction also if the defendant does not object to the case being heard by the court lacking jurisdiction and agrees to participate in the hearing of the case, provided that the defendant is represented by an attorney or is given an explanation regarding the court's lack of jurisdiction and its consequences, as well as the fact that he/she has the right to raise an objection against the lack of jurisdiction. The giving of such explanation to the defendant by the court shall be noted in the court record.

Law of Georgia No. 1956 of 13 May 1999 – LHG I, No. 15(22), 14.05.1999, Art. 64

Article 22. Consideration of a case accepted in compliance with the rules of jurisdiction🔗

A court shall consider and decide on the merits a case accepted into its proceedings in compliance with the rules of jurisdiction, even if that case subsequently becomes subject to the jurisdiction of another court.

Article 23. Transfer of a case to a court having jurisdiction🔗

1. A court shall transfer a case to another court for consideration if:

a) the defendant whose place of residence was previously unknown requests that the case be transferred to the court according to his or her place of residence;

b) owing to the recusal of one or several judges, it is impossible to replace them in the same court.

2. If a case is subject to the jurisdiction of several courts, it shall be transferred to the court at the claimant's choice.

3. On the transfer of a case to another court, the court shall issue a ruling which shall not be subject to appeal.

Article 24. Inadmissibility of a dispute concerning jurisdiction🔗

A case forwarded from one court to another shall be accepted for consideration in its proceedings by the court to which it was forwarded. A dispute between courts concerning jurisdiction shall not be permitted.

Article 25. Composition of the court🔗

1. Civil cases at first instance shall be considered in a district (city) court, as well as by magistrate judges, single-handedly.

2. (removed).

3. Civil cases shall be considered on appeal by 3 judges. The cases defined by Article 14 of this Code, a property-law dispute the value of which does not exceed GEL 20,000, an appeal against a ruling upholding a default judgment rendered by a court of first instance, as well as disputes arising from employment legal relations, may be considered single-handedly by a judge of the Civil Cases Chamber of the Court of Appeal.

4. Consideration of civil cases by cassation procedure shall be carried out by three judges, except in cases where the case is considered by the Grand Chamber of the Supreme Court.

Law of Georgia of 8 June 2001 No. 918 – LHG I, No. 18, 28.06.2001, Art. 56

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 4 December 2009 No. 2261 – LHG I, No. 41, 08.12.2009, Art. 305

Law of Georgia of 7 March 2018 No. 2035 – website, 29.03.2018

Article 26. Procedure for the consideration of cases of especially complex category🔗

1. In the event that a district (city) court has a sufficient number of judges for the consideration of cases by a collegiate composition, a judge considering a case individually may determine the collegiate consideration of the case by a composition of three judges, if:

a) the consideration and resolution of the case is of special importance for court practice;

b) the case is characterised by special complexity from a factual or legal standpoint.

2. A reasoned ruling on the consideration of the case by a collegiate composition of the court shall be delivered by the judge at the main hearing before the commencement of the consideration of this case. The ruling shall be transmitted to the chairperson of the court, who shall determine the collegiate composition with the mandatory participation of the initial judge considering this case.

3. (Removed).

4. (Removed).

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 8 June 2001 No. 918 – LHG I, No. 18, 28.06.2001, Art. 56

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 27. Procedure for the resolution of issues by a collegiate court🔗

1. If the consideration of a case is carried out by a court collegially, all issues raised in connection with the consideration of this case shall be resolved by a majority of votes. No judge shall have the right to abstain from the resolution of any issue.

2. A judge who, when delivering a judgment, ruling or resolution by courts of first instance, appellate instance and cassation instance, does not agree with the majority, may set out in writing his or her dissenting opinion, of which the parties shall be notified at the time of the announcement of the judgment.

3. The dissenting opinion shall be attached to the case, but its content shall not be announced in the courtroom of the court.

Article 28. Secrecy of deliberations🔗

Judges shall not have the right to disclose the deliberations they held during the conference.

Article 29. Inadmissibility of repeated participation of a judge in the consideration of a case🔗

1. A judge who participated in the consideration of a case at first instance cannot participate in the consideration of this case in a court of appellate instance and/or cassation instance.

2. A judge who participated in the consideration of a case in a court of appellate instance cannot participate in the consideration of this case in a court of first instance and/or cassation instance.

3. A judge who participated in the consideration of a case in a court of cassation instance cannot participate in the consideration of this case in a court of appellate instance and/or a court of first instance.

Article 30. Prohibition of the admission of close relatives in the composition of the court🔗

Persons who are close relatives of one another may not be included in the composition of a court considering a civil case, and if such relatives nevertheless turn out to be among them, they shall be removed from the consideration of the case.

Article 31. Other grounds for recusal of a judge🔗

1. A judge may not consider a case or participate in the consideration of a case if he/she:

a) is himself/herself a party in this case, or is bound by common rights or obligations with one or another party;

b) participated in the earlier consideration of this case as a witness, expert, specialist, interpreter, representative or secretary of the court hearing;

c) is a relative of a party or of its representative;

d) is personally, directly or indirectly interested in the outcome of the case, or if there is another circumstance that raises doubt as to his/her impartiality;

e) was a mediator in the same case or in another case substantially related to this case.

2. In accordance with subparagraph „c“ of the first paragraph of this article, the following are considered relatives:

a) spouse;

b) betrothed;

c) relatives in the direct line;

d) brother and sister;

e) sister's children and brother's children;

f) parents' brothers and sisters;

g) persons related by marriage (in-laws);

h) persons who have been connected by family relations for a long time.

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Article 32. Self-recusal🔗

Where grounds for recusal exist, a judge shall be obliged to declare self-recusal. On self-recusal the judge (court) issues a ruling, which shall state the ground for self-recusal.

Article 33. Statement of the parties on recusal🔗

The parties may declare recusal in writing. The statement on recusal shall be reasoned and shall be made during the preparation of the case for the preliminary court hearing. A subsequent statement on recusal shall be admitted only if the ground for recusal became known to the person requesting the recusal or arose after the commencement of the main hearing. In such a case, a statement on recusal shall be admissible before the parties' pleadings.

Article 34. Rule for deciding a declared challenge🔗

1. After a declaration of challenge, the court (judge) may hear the parties, as well as the person against whom the challenge was declared.

2. The court shall decide the issue of the challenge by deliberation on the spot or in the deliberation room.

3. If a challenge is declared against a judge who is hearing the case single-handedly, the issue of the challenge shall be decided by that judge himself. In the case of acceptance of the challenge or of self-recusal, the judge shall transfer the case to the chairperson of the court, who shall transfer it to another judge for consideration. If in a district (city) court there is no other judge hearing civil cases, then the chairperson of the court shall send the case to the chairperson of the appellate court for transfer to another district (city) court.

4. If a challenge is declared against one of the judges of a collegial composition, the issue of the challenge of that judge shall be decided by the other remaining judges in the absence of the challenged judge. In the event of an equal number of votes against the challenge of the judge or in support of such a challenge, the judge shall be considered challenged. In such a case, he or she shall be replaced by another judge.

5. If a challenge is declared against the entire composition of a collegial court or the majority thereof, the issue of the challenge shall be decided by the full composition of the same court by a majority of votes. In the case of a challenge of the entire composition of a collegial court or the majority thereof, the case shall be transferred to the chairperson of the same court, who shall transfer the case to another composition of the collegial court for consideration.

6. In the case of a challenge of the entire composition of a chamber of the Supreme Court of Georgia or of a chamber of an appellate court, the case shall be transferred to the chairperson of the respective court, who shall transfer it to another composition for consideration in the manner established by law. If in the appellate court, upon acceptance of a challenge or in the cases provided for by Article 29 of this Code, it is impossible to form a new composition of judges, the case shall be sent to the chairperson of the Supreme Court of Georgia for transfer to another appellate court.

Law of Georgia of 26 June 1998 No. 1494 – Parliamentary Herald, No. 25-26, 15.07.1998, p. 32

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 23 June 2005 No. 1740 - LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 35. Grounds for challenge of an expert, interpreter, specialist, secretary of the session🔗

The challenge of an expert, interpreter, specialist, secretary of the session shall be permissible on the grounds provided for by paragraph 1 of Article 31.

Article 36. Appeal against a court ruling on a challenge🔗

A court ruling on a challenge may be appealed together with the court judgment, in the manner established by Articles 377 and 404.

Law of Georgia of 9 September 1999 No. 2398 – LHG I, No. 43(50), 21.09.1999, Art. 227

Article 37. Definition of concepts🔗

1. Costs of proceedings consist of court costs and non-court costs.

2. Court costs consist of the state fee and expenses related to the consideration of the case. The rules for calculating expenses related to the consideration of the case and their amount shall be determined by a decision of the High Council of Justice of Georgia.

3. Non-court costs are expenses incurred for a lawyer, lost wages (lost earnings), expenses incurred to secure evidence, as well as other necessary expenses of the parties.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 20 September 2013 No. 1156 – website, 08.10.2013

Article 38. State fee🔗

The state fee shall be collected in accordance with the procedure established by the Law of Georgia on State Fee:

a) on a claim, as well as on an application for the return of the object of leasing into the possession of the person granting the object of leasing;

a¹) on an application for the mandatory sale of shares;

a²) on an application for court assistance in ensuring the attendance of a witness and in obtaining evidence in arbitration proceedings, on an application relating to the appointment, challenge, termination of powers, or competence of an arbitrator, unless otherwise provided by an international treaty of Georgia;

a³) on an application for the recognition and enforcement of an arbitral award, on a complaint for the setting aside of an arbitral award, unless otherwise provided by an international treaty of Georgia;

a⁴) ( deleted - 19.02.2015, No. 3096);

a⁵) ( deleted - 19.02.2015, No. 3096);

a⁶) ( deleted - 19.02.2015, No. 3096);

a⁷) on an application containing a request for the consideration of matters provided for by the Law of Georgia on Entrepreneurs;

b) on a counterclaim;

c) on claims of a third person asserting independent claims in respect of the subject matter of the dispute;

d) on an application for the institution of uncontested proceedings;

e) on a claim concerning disputes arising from state-law and administrative-law relations;

f) on an appeal;

g) on a cassation appeal;

h) on a private complaint;

i) on an application for securing a claim;

i¹) on an application for the application of measures securing a claim related to arbitration proceedings, or for recognition and enforcement, unless otherwise provided by an international treaty of Georgia;

i²) on an application for the application of a measure securing a mediation settlement, on an application for the enforcement of a mediation settlement drawn up as a result of private mediation, and on an application for the recognition and enforcement of an international mediation settlement;

j) on an application for the renewal of proceedings or for the declaration of a judgment as invalid on the basis of newly discovered circumstances.

Law of Georgia of 29 April 1998 No. 1365 – Parliamentary Gazette, No. 19-20, 30.05.1998, p. 41

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 7 May 2002 No. 1395 – LHG I, No. 13, 28.05.2002, Art. 50

Law of Georgia of 20 December 2005 No. 2360 - LHG I, No. 55, 27.12.2005, Art. 376

Law of Georgia of 11 July 2007 No. 5286 - LHG I, No. 29, 27.07.2007, Art. 327

Law of Georgia of 25 December 2009 No. 2451 - LHG I, No. 50, 31.12.2009, Art. 388

Law of Georgia of 11 November 2011 No. 5265 - website, 24.11.2011

Law of Georgia of 28 December 2011 No. 5665 - website, 11.01.2012

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia No. 668 of 22 June 2021 – website, 24 June 2021.

Law of Georgia No. 888 of 2 August 2021 – website, 4 August 2021.

Law of Georgia No. 1159 of 9 December 2025 – website, 12 December 2025.

Article 39. Amount of the State Fee🔗

1. The amount of the state fee shall be:

a) in the cases provided for by subparagraphs „a“, „b“, „c“ and „e“ of Article 38 of this Code – 3% of the value of the subject of the dispute, but not less than GEL 100, except for the cases provided for by Article 187³ of this same Code;

a¹) on an application for court assistance in ensuring the attendance of a witness and in obtaining evidence in arbitration proceedings, on an application relating to the appointment, challenge, termination of powers or competence of an arbitrator – GEL 50, unless otherwise provided by an international treaty of Georgia;

a²) on a complaint for the setting aside of an arbitral award, on an application for the recognition and enforcement of an arbitral award – GEL 150, unless otherwise provided by an international treaty of Georgia;

a³) on claims arising from Article 187³ of this Code − 1% of the value of the subject of the dispute, but not less than GEL 50. If the dispute was not resolved by agreement of the parties in the court mediation process, upon the resumption of the proceedings the claimant shall be obliged to additionally submit the original of the receipt confirming payment of 2% of the value of the subject of the dispute, but not less than GEL 50;

a⁴) (removed – 19.02.2015, No. 3096);

a⁵) (removed – 19.02.2015, No. 3096);

a⁶) on an application for the application of a measure to secure a mediation settlement − GEL 50;

a⁷) on an application for the enforcement of a mediation settlement drawn up as a result of private mediation, on an application for the recognition and enforcement of an international mediation settlement − GEL 150;

b) for an appellate complaint, including against a judgment (ruling) of a district (city) court refusing to resume proceedings – 4 per cent of the value of the subject of the dispute, but not less than GEL 150;

c) for a cassation complaint, including against a judgment (ruling) of an appellate court refusing to resume proceedings – 5 per cent of the value of the subject of the dispute, but not less than GEL 300;

d) for a private complaint – GEL 50;

e) on an application for securing a claim – GEL 50;

e¹) on an application for the application of measures to secure a claim related to arbitration proceedings, or for recognition and enforcement – GEL 50, unless otherwise provided by an international treaty of Georgia;

f) on an application for the resumption of proceedings on the basis of newly discovered circumstances – GEL 100;

g) on an application for the declaration of a judgment as void – GEL 50;

h) for a non-property dispute – GEL 100, for appellate and cassation complaints – GEL 150 and GEL 300, respectively;

i) for a dispute arising in connection with the restoration of lost case proceedings, where the case materials were lost through the fault of a party – GEL 100;

i¹) (removed – 19.02.2015, No. 3096);

j) for a claim concerning a promissory note or a cheque – GEL 100, for appellate and cassation complaints – GEL 150 and GEL 300, respectively;

k) for a case of uncontested proceedings – GEL 50, for appellate and cassation complaints – GEL 100 and GEL 300, respectively;

l) for an application containing a request for consideration of the matters provided for by the Law of Georgia on Entrepreneurs — GEL 300, and for an application on the mandatory sale of shares — GEL 500.

11. (Removed – 06.12.2011, No. 5369).

2. In a case within the jurisdiction of a magistrate judge, the amount of the state fee in a court of any instance shall be half of the amount established by paragraph 1 of this Article.

3. The amount of the state fee:

a) in a court of first instance shall not exceed:

a.a) for a natural person – GEL 3,000;

a.b) for a legal person – GEL 5,000;

b) in a court of appellate instance shall not exceed:

b.a) for a natural person – GEL 5,000;

b.b) for a legal person – GEL 7,000;

c) in a court of cassation instance shall not exceed:

c.a) for a natural person – GEL 6,000;

c.b) for a legal person – GEL 8,000.

Law of Georgia of 29 April 1998 No. 1365 – Parliamentary Herald, No. 19-20, 30.05.1998, p. 41

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 7 May 2002 No. 1395 – LHG I, No. 13, 28.05.2002, Art. 50

Law of Georgia of 20 December 2005 No. 2360 – LHG I, No. 55, 27.12.2005, Art. 376

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 11 July 2007 No. 5304 – LHG I, No. 29, 27.07.2007, Art. 334

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 25 December 2009 No. 2451 – LHG I, No. 50, 31.12.2009, Art. 388

Law of Georgia of 6 July 2010 No. 3365 – LHG I, No. 40, 20.07.2010, Art. 246

Law of Georgia of 11 November 2011 No. 5265 – website, 24.11.2011

Law of Georgia of 6 December 2011 No. 5369 – website, 20.12.2011

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Judgment of the Constitutional Court of Georgia of 29 December 2016 No. 2/6/623 – website, 12.01.2017

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia of 22 June 2021 No. 668 – website, 24.06.2021

Law of Georgia of 22 July 2021 No. 806 – website, 26.07.2021

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021

Law of Georgia of 9 December 2025 No. 1159 – website, 12.12.2025

Article 40. Value of the subject matter of the dispute🔗

1. The claimant shall indicate the price of the subject matter of the dispute. If the price indicated by the claimant clearly does not correspond to the actual value of the disputed property, the price of the subject matter of the dispute shall be determined by the judge according to the market value of the disputed property.

2. If several different claims are formulated in one action, these claims shall be summed up and thereafter the value of the disputed subject matter shall be determined.

3. When assessing the disputed subject matter, the prices existing at the time when the action was filed shall be taken into account, and when appealing a judgment – the prices existing at the time of filing the appeal.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 41. Rule for determining the price of the subject matter of the dispute🔗

1. The price of the subject matter of the dispute shall be determined:

a) for an action for the payment of money – by the amount to be paid;

b) for an action for the transfer or delivery of a thing (property) – by the market value of that thing (property);

c) for an action for the payment of alimony – by the aggregate of the amounts payable over one year;

d) for an action for a term delivery or payment – by the aggregate of the amounts to be delivered or paid over not more than three years;

e) for an action for a delivery or payment for an indefinite term or in perpetuity (until death) – by the aggregate of the amounts to be delivered or paid over three years;

f) for an action for the reduction or increase of a delivery or payment – by the amount by which the amount to be delivered or paid is reduced or increased, but not more than over one year;

g) for an action for the early termination of a property lease contract – by the aggregate of the amounts payable for the remaining term, but not more than over three years;

h) for an action for the termination of a delivery or payment – by the aggregate of the amounts remaining to be delivered or paid over not more than three years;

i) for an action for the recognition of the right of ownership over an immovable thing – by the market value of the immovable thing;

j) at GEL 4,000, if in a property-law dispute (encroachment on ownership or other interference, neighbourhood dispute, etc.) it is impossible to determine the price of the subject matter of the dispute.

2. If, together with a non-property dispute, a property-law dispute arising therefrom is considered, the price of the subject matter of the dispute shall be determined according to the claim of higher value.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 42. Preliminary determination of the price of the subject matter of the dispute🔗

If at the moment of bringing the action it is impossible to determine precisely the value of the subject matter of the dispute, the amount of the state fee shall be preliminarily determined by the judge, and thereafter an additional payment shall be made or the overpaid amount shall be refunded in accordance with the price of the action established upon resolution of the case.

Article 43. (Repealed)🔗

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 44. Costs related to the consideration of a case🔗

The costs related to the consideration of a case are:

a) amounts to be paid to witnesses, specialists and experts;

b) amounts to be paid to persons invited as interpreters;

c) costs incurred for on-site inspections;

c¹) costs incurred for the ascertainment of facts upon the court's assignment;

d) costs of searching for the defendant;

e) costs related to the enforcement of a court judgment;

f) amounts paid to an advocate from the state treasury;

g) costs of conducting a forensic examination in a special expert institution.

Law of Georgia of 25 November 2004 No. 597 - LHG I, No. 37, 16.12.2004, Art. 173

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012

Article 45. Amounts payable to witnesses, experts, specialists and interpreters🔗

1. Witnesses, experts, specialists and interpreters shall be reimbursed for the travel and accommodation rental costs incurred for appearing in court and shall be paid a daily amount. At the same time, private special expert institutions (independent experts), specialists and interpreters receive remuneration on the basis of an agreement concluded for work performed upon the court's assignment. When determining the amount of remuneration, account shall be taken of the time they must devote to performing the court's assignment, the materials required for the proper performance of this duty, and other matters.

2. Remuneration for forensic-expert services (of a specialist, interpreter) to a state special expert institution shall be made in accordance with the norms and tariffs established by the Government of Georgia.

2¹. The service of ascertainment of facts upon the court's assignment shall be remunerated in accordance with the fees established by the Minister of Justice of Georgia by the person at whose application the court issued an assignment for an on-site inspection for the purpose of ascertaining facts, and in the case of ascertainment of facts carried out on the court's initiative – by the parties in equal shares.

3. Employees summoned to court as witnesses shall retain their average salary at their place of work. Witnesses who are not in an employment relationship shall be given remuneration for absence from work or their usual activity, taking into account the time actually spent and the minimum amount of labour remuneration.

Law of Georgia of 25 November 2004 No. 597 - LHG I, No. 37, 16.12.2004, Art. 173

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012

Article 46. Exemption from Payment of Court Costs🔗

1. The following shall be exempt from payment of court costs in favour of the State Budget:

a) claimants – in claims for recovery of alimony;

b) claimants – in claims for compensation for damage caused by mutilation or other injury to health, as well as by the death of the breadwinner;

c) claimants – in claims for compensation for material loss caused by a crime;

d) parties – in claims related to compensation for loss caused to a citizen as a result of unlawful conviction, unlawful criminal prosecution, unlawful application of detention as a preventive measure, or unlawful imposition of an administrative penalty in the form of corrective labour;

e) claimants – in claims related to violation of the rights of minors;

f) parties who are registered in the unified database of socially vulnerable families in accordance with the established procedure and receive a subsistence allowance, which is confirmed by the relevant documentation;

g) parties – when appealing a preliminary (interim) judgment under appellate and cassation procedures;

h) parties – in claims related to the return of a child wrongfully removed or wrongfully retained or to the exercise of the right of access to the child;

i) claimants – in the amount of the State fee in a case concerning a claim arising from the Law of Georgia “On Relations Arising from the Use of Residential Premises”;

j) claimants – victims as defined by the Law of Georgia “On the Elimination of Violence against Women and/or Domestic Violence, Protection of and Assistance to Victims of Violence” in claims brought against perpetrators provided for by the same law.

2. The law may also provide for other cases of exemption of parties from payment of court costs in favour of the State Budget.

Law of Georgia of 20 June 2003 No. 2450 – LHG I, No. 20, 11 July 2003, Art. 139

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31 July 2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 3 January 2008, Art. 1

Law of Georgia of 21 June 2011 No. 4869 – website, 6 July 2011

Law of Georgia of 11 November 2011 No. 5265 – website, 24 November 2011

Law of Georgia of 20 September 2019 No. 5030 – website, 1 October 2019

Article 47. Exemption by the Court from Payment of Court Costs🔗

1. The court, taking into account the financial situation of a citizen, if the citizen substantiates the impossibility of paying court costs and submits reliable evidence to the court, may fully or partially exempt him from the payment of court costs in favour of the State Budget, on which the judge issues a reasoned ruling.

1¹. (removed).

2. If a party is insolvent and, taking into account the significance and complexity of the case, the participation of an advocate in the consideration of this case is appropriate, the court has the right, on the basis of the application of the said party, within the limits established by Article 23¹ of the Law of Georgia “On Legal Aid”, to appoint an advocate at the expense of the State.

2¹. In the case provided for by paragraph 2 of this Article, the judge issues a substantiated ruling and applies to the Legal Aid Service with a request to appoint an advocate at the expense of the State. The rule and procedure for appointing an advocate at the expense of the State shall be determined by the Law of Georgia “On Legal Aid”. The Legal Aid Service shall be obliged to comply with the ruling issued by the court on the appointment of an advocate at the expense of the State.

2². The rule for the remuneration of a public advocate employed in the Legal Aid Service and of an invited public advocate for the provision of legal aid at the expense of the State shall be determined by the Law of Georgia “On Legal Aid”.

3. The exemption of one party from the payment of court costs does not affect the obligations of the other party to pay court costs.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 11 July 2007 No. 5304 - LHG I, No. 29, 27.07.2007, Art. 334

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 26 December 2014 No. 3014 – website, 31.12.2014

Article 48. Deferral of the Payment of Court Costs and Reduction of Their Amount🔗

1. The court, taking into account the financial situation of the parties, may defer to one or both parties the payment of court costs in favour of the State Budget or reduce their amount, if the party submits reliable evidence to the court.

2. If there is no ground for exemption from the payment of the state fee, in a case concerning the recovery of an immovable thing from unlawful possession, the payment of the state fee shall be deferred to the claimant until the completion of the consideration of the case. This rule applies also to the defendant, if he brings a counterclaim in such a case.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 11 July 2007 No. 5304 - LHG I, No. 29, 27.07.2007, Art. 334

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 1¹ December 2015 No. 4626 - website, 29.12.2015

Article 49. Reduction of the amount of the state fee🔗

1. If at the main hearing of the court the claimant waives the claim, the defendant acknowledges the claim, the parties reconcile, or the dispute is concluded by agreement of the parties in the court mediation process, the amount of the state fee shall be halved.

2. If before the main hearing of the court the claimant waives the claim, the defendant acknowledges the claim, the parties reconcile, or the dispute is concluded by agreement of the parties in the court mediation process, the parties shall be fully released from payment of the state fee.

2¹. (Removed – 09.12.2025, No. 1159).

3. If the waiver of the claim or the acknowledgement of the claim concerns only part of the subject matter of the dispute, the obligation to pay the state fee shall be determined in accordance with the remaining part.

4. In the courts of appeal and cassation, full release from payment of the state fee or halving of the amount of the state fee shall be effected in the manner established by this Article, only within the limits of the amount of the state fee determined for these instances.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 9 December 2025 No. 1159 – website, 12.12.2025

Article 50. Reimbursement of expenses incurred by an on-site inspection🔗

If an on-site inspection is conducted outside the limits of the territorial jurisdiction of this court, the court or the judge conducting such inspection shall be reimbursed for the expenses related to travel and the renting of accommodation, and shall also be given a daily allowance.

Article 51. Search for the defendant and the debtor🔗

The search for the defendant, where this is provided by law, shall be conducted at the expense of the State Budget and shall be paid, accordingly, by the defendant – in favour of the State Budget after the delivery of the court judgment, and by the debtor – at the time of enforcement of the judgment. The debtor shall also pay the expenses related to the enforcement of the court judgment.

Article 52. Advance payment of court expenses by a party🔗

1. Court expenses (the state fee and the expenses related to the consideration of the case), except in cases provided by law, shall be paid in advance by the party that requested the performance of the respective procedural action. If such action is performed on the initiative of the court, then this amount shall be paid by both parties in equal shares.

2. (Removed – 25.05.2012, No. 6315).

3. (Removed – 25.05.2012, No. 6315).

Law of Georgia of 11 November 2011 No. 5265 – website, 24.11.2011

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Article 53. Distribution of court costs between the parties🔗

1. Payment of the costs incurred by the party in whose favour the judgment was delivered shall be borne by the other party, even if that party is exempt from payment of court costs to the state budget. If the claim is partially satisfied, then the amount referred to in this Article shall be awarded to the claimant in proportion to the part of the claim that was satisfied by the court's judgment, and to the defendant – in proportion to the part of the claim that was denied to the claimant. The costs incurred for the assistance of the representative of the party in whose favour the judgment was delivered shall be imposed by the court on the other party within reasonable limits, but not more than 4 per cent of the value of the subject matter of the dispute, and in the case of a non-property dispute – taking into account the importance and complexity of the case under consideration, in an amount of up to GEL 2,000.

1¹. The issue of reimbursement of legal aid costs to the Legal Aid Service is regulated by the Law of Georgia "On Legal Aid".

2. The rules referred to in this Article shall also apply to the distribution of court costs incurred by the parties in the proceedings before the appellate and cassation instances.

3. If the appellate or cassation court changes the judgment or delivers a new judgment, it shall accordingly change the distribution of court costs as well.

4. If the appellate or cassation court remands the case for reconsideration, all court costs incurred in connection with the consideration of this case, starting from the filing of the claim, shall be summed up and then distributed between the parties in accordance with this Article.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 26 December 2014 No. 3014 – website, 31.12.2014

Article 54. Distribution of court costs and costs payable for advocate's assistance upon withdrawal of a claim and settlement🔗

1. If the claimant withdraws the claim, the defendant shall not reimburse the costs incurred by the claimant, but if the claimant did not maintain his claim because the defendant voluntarily satisfied it after the filing of the claim, then, at the claimant's request, the court shall impose on the defendant reimbursement of the costs incurred by the claimant and all costs incurred for advocate's assistance.

2. If, during settlement, the parties themselves took into account the rules for distribution of court costs and costs incurred for advocate's assistance, the court shall decide this issue in accordance with their agreement.

Article 55. Reimbursement of court costs to the state🔗

1. The expenses incurred by the court in connection with the consideration of the case and the state fee, from the payment of which the claimant was exempt, shall be paid by the defendant for the benefit of the budget revenue, in proportion to the part of the claims that is satisfied.

2. In the event of dismissal of the claim, the expenses incurred by the court shall be paid by the claimant for the benefit of the state budget. If the claim is satisfied in part, and the defendant is exempt from payment of court costs, the expenses incurred by the court in connection with the consideration of the case shall be paid for the benefit of the state budget by the claimant who is not exempt from payment of court costs, in proportion to the part of the claims in respect of which satisfaction was refused.

3. If both parties are exempt from payment of court costs, then the expenses incurred by the court in connection with the consideration of the case shall be borne by the state.

Article 56. (Removed)🔗

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 57. Guarantee of security🔗

1. If, in the cases provided for by this Code, a party is charged with securing compensation for the loss that the opposing party may suffer as a result of the performance of the relevant procedural action, unless the parties have agreed otherwise, it shall provide such security by depositing a sum of money or securities in the deposit account of the Department of Common Courts of the High Council of Justice of Georgia, which is acceptable under the Civil Code of Georgia for securing a guarantee.

2. The court may, on preferential terms, permit another means of security, in particular, a surety issued by any credit institution.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 58. Removal of the ground for security🔗

If the ground on which the security was provided is removed, then the party in whose favour such security was provided shall be obliged to return the security guarantee.

Article 59. Time limit for the performance of a procedural action🔗

1. A procedural action shall be performed within the time limit established by law.

2. If a procedural time limit is not established by law, it shall be determined by the court. When determining the length of a procedural time limit, the court shall take into account the possibility of performing the procedural action for which that time limit was set.

3. Unless otherwise provided by this Code, the court shall consider a civil case no later than 2 months from the day of receipt of the application. In a case of a particularly complex category, by decision of the court considering it, this time limit may be extended for no more than 5 months, except for cases concerning the recovery of alimony, compensation for damage caused by mutilation or other injury to health or by the death of a breadwinner, claims arising from labour relations, from the Law of Georgia "On Relations Arising from the Use of Residential Premises", cases related to defamation and the recovery of an immovable thing from unlawful possession, which must be considered no later than 1 month.

3¹. In the cases provided for by Article 184 of this Code, civil cases shall be considered no later than 45 days from the submission to the court of the document confirming delivery of the letter to the defendant or from delivery of the letter to the defendant by public notice, and in cases of a particularly complex category, by decision of the court considering the case, this time limit may be extended for no more than 60 days.

3². In accordance with the Law of Georgia "On the Rules for Deprivation of Property for an Essential Public Need", the court shall consider a case on the granting of the right of expropriation no later than 2 months from receipt of the application. By ruling of the court considering the case, this time limit may be extended by no more than 1 month.

4. Extension or restoration of the time limits established by law for appealing judgments and rulings of a court shall be inadmissible.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 30 June 2005 No. 1816 – LHG I, No. 36, 11.07.2005, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 28 October 2015 No. 4457 – website, 30.10.2015

Law of Georgia of 1¹ December 2015 No. 4626 – website, 29.12.2015

Law of Georgia of 30 March 2021 No. 424 – website, 13.04.2021

Law of Georgia of 26 June 2025 No. 826 – website, 27.06.2025

Article 60. Calculation of a procedural time limit🔗

1. The time limit for the performance of a procedural action shall be determined by an exact calendar date, by reference to a circumstance that must necessarily occur, or by a period of time. In the latter case, the action may be performed during the entire period of time.

2. The running of a procedural time limit to be calculated in years, months or days shall begin on the day following the calendar date or the occurrence of the event by which its commencement is determined.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 61. Expiry of a procedural time limit🔗

1. A time limit to be calculated in years shall expire in the corresponding month and day of the last year of the time limit. A time limit to be calculated in months shall be considered to have elapsed in the corresponding month and day of the last month of the time limit. If the last month of a time limit to be calculated in months does not have the corresponding day, the time limit shall be considered to have expired on the last day of that month.

2. If the last day of the time limit coincides with a public holiday or a day of rest, the day of expiry of the time limit shall be the first following working day.

3. A procedural action for the performance of which a time limit is established may be performed until twenty-four hours of the last day of the time limit. If a complaint, documents or a sum of money were handed to the post office or the telegraph before twenty-four hours of the last day of the time limit, the time limit shall not be considered to have elapsed.

Article 62. Suspension of a procedural time limit🔗

All unfinished procedural time limits shall be suspended by the suspension of the proceedings. The suspension of time limits shall begin from the day of the occurrence of the circumstances that served as the ground for the suspension of the proceedings. From the day of resumption of the proceedings, the running of the procedural time limit shall resume.

Article 63. Consequences of the expiry of a procedural time limit🔗

The right to perform a procedural action shall be extinguished after the expiry of the time limit established by law or set by the court. A complaint or documents submitted after the expiry of the procedural time limit shall remain unexamined.

Article 64. Extension of a procedural time limit🔗

A time limit set by the court, unless otherwise provided by law, may be extended by the court upon the request of the parties or on its own initiative.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 65. Restoration of a procedural time limit🔗

A time limit determined for the performance of a procedural action, unless otherwise provided by law, may be restored by the court if it finds that the procedural action was not performed for a valid reason. The circumstances indicated in paragraph 3 of Article 215 of this Code shall be considered a valid reason.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 66. Application for restoration of a procedural time limit🔗

An application for the restoration of a procedural time limit shall be filed with the court in which the procedural action was to be performed. The court shall grant this application if it finds that the procedural time limit was missed for a valid reason. The circumstances specified in paragraph 3 of Article 215 of this Code shall be considered a valid reason.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 67. Form and content of an application for restoration of a procedural time limit🔗

An application for the restoration of a procedural time limit shall be submitted to the court in writing. It shall state the reasons that caused the failure to perform the procedural action within the time limit, as well as the evidence confirming them.

Article 68. Consideration of an application for restoration of a procedural time limit🔗

1. The court shall consider an application for restoration of a time limit without notifying the parties.

2. A court ruling refusing restoration of a missed procedural time limit may be appealed by way of a private complaint.

Article 69. Payment of court costs related to restoration of a procedural time limit🔗

The costs related to the consideration of an application for restoration of a procedural time limit shall be borne by the party that failed to perform the procedural action in time, except in cases where such failure occurred through the fault of the opposing party.

Article 70. Court notice🔗

1. The party or its representative shall be notified by court notice of the time and place of the court hearing or of the performance of an individual procedural action. The notice shall be considered delivered to the party and its representative if it is delivered to one of them or to the subjects provided for by Article 74 of this Code, and where the parties have agreed on a different, reasonable manner of delivery − in the manner provided for by that agreement. The representative shall be obliged to inform the party of the delivery of the notice. Witnesses, experts, specialists and interpreters shall also be summoned to court by court notice.

2. Court notices shall be delivered to the parties or their representatives on the assumption that they have a reasonable time for appearing in court in good time and for preparing the case.

3. Parties, their representatives, as well as witnesses, experts, specialists and interpreters may be summoned by telephone, fax, other technical means or by a different manner of delivery provided for by agreement of the parties. When summoning by technical means, the matters defined by paragraph 1 of Article 72 of this Code shall be indicated, and in the case provided for by paragraph 2 of Article 73, a record shall also be drawn up, which shall be attached to the case file. The record shall be drawn up by the relevant civil servant of the court.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 6144 of 8 May 2012 – website, 25.05.2012

Article 71. Service of a court notice and the consequences of its non-service🔗

1. A court notice shall be served on the addressee according to the principal address (actual location), alternative address, place of work, other address known to the court, indicated by a party, or according to a different manner of service provided for by agreement of the parties.

2. If a notice could not be served on the claimant at the address indicated by the claimant, in compliance with the requirements provided for by paragraph 1 of Article 73 of this Code, the notice shall be deemed served. This rule shall apply to the defendant where the notice is sent to the address indicated in the defendant's response (defence).

3. If the defendant's address indicated by the claimant is correct and the notice could not be served on the defendant in compliance with the requirements provided for by paragraph 1 of Article 73 of this Code, the court shall be guided by the provisions of Article 78 of this Code.

4. If the claimant's own address or the defendant's address indicated by the claimant proves to be incorrect, the court shall issue a ruling on leaving the claim unexamined.

5. If a document confirming the service of a court notice sent abroad has not been received, the said notice shall be deemed served if it was sent for the purposes of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in accordance with the procedure established by the same Convention and all reasonable efforts were made to serve it, and if at least 6 months have elapsed from the date of the first sending of this notice and the judge hearing the case has considered this period sufficient.

6. If the implementation of the procedures defined by paragraph 5 of this Article for the service of a court notice sent abroad makes it impossible to comply with the time limit established by this Code for the hearing of the case, the time limit for the hearing of the case shall be deemed extended by the period established for the service of the said notice.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 8 May 2012 No. 6144 – website, 25.05.2012

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Law of Georgia of 30 March 2021 No. 424 – website, 13.04.2021

Article 72. Content of a court notice🔗

1. The notice shall contain:

a) the name and exact address of the court;

b) an indication of the time and place of appearance, and if the notice is sent to a representative, also an indication that he/she is obliged to inform the party whose representative he/she is thereof;

c) the name of the case on account of which the given person is summoned, and an indication of the subject matter of the dispute;

d) the identity of the person to be summoned to court, as well as the capacity in which he/she is summoned, and an indication of the measures to be applied to him/her in the event of non-appearance for an unexcused reason;

e) a proposal to the parties to submit all evidence in their possession;

f) an indication that, in the absence of the addressee, the person receiving the notice is obliged to deliver the notice to the addressee at the first opportunity;

g) an indication of the consequences of non-appearance and the obligation to inform the court of the reasons for non-appearance.

2. Together with the court notice, the judge sends to the defendant the statement of claim and copies of the attached documents. Together with the notice, the judge sends to the claimant a copy of the defendant's written statement, if such statement was received by the court at the time of sending the notice. Copies of all written documents received by the court may be sent to the parties before the notice is sent, as well as after the notice has been sent.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 73. Sending of a court notice🔗

1. A court notice shall be sent by the technical means provided for by paragraph 3 of Article 70 of this Code, by post, through a court courier, or in accordance with a different procedure of delivery provided for by agreement of the parties. The court itself decides which form of sending the notice to use and to which address to send the notice, and is not obliged to observe any sequence. The court may also deliver the notice to the person to be notified in the court building. If, upon the first sending, delivery of the notice to the addressee fails, it shall be sent to the person to be notified at least one additional time to the same address or to another address known to the court.

11. (removed – 28.12.2011, No. 5667).

2. Delivery of a court notice sent by technical means shall be confirmed by:

a) in the case of telephone – by a record drawn up on summoning by technical means;

b) in the case of e-mail or fax – by a confirmation provided by the relevant technical means and/or by a record drawn up on summoning by technical means.

3. In the case of summoning by telegram, delivery of the court notice shall be confirmed by a notification received on the delivery of the telegram.

4. (removed).

5. The time of delivery of the court notice to the addressee shall be noted on its second copy, which must be returned to the court. When technical means are used, the time of transmission of the notice shall be noted in the confirmation provided by the technical means provided for by paragraph 2 of this Article and/or in the record drawn up on summoning by technical means.

6. A judge may, with the consent of a party, hand the court notice to that party for delivery to the person to be notified or summoned. In order to ensure timely delivery of the notice, a party may, on the basis of a written application to the court, at its own expense ensure the movement of a courier and delivery of the notice through such courier. A person whom the judge has tasked with delivering the notice shall be obliged to return to the court its second copy with the signature of the recipient of the notice.

7. If the parties, their representatives, as well as witnesses, experts, specialists and interpreters cannot, in the manner established by this Code, be informed of the time and place of a court hearing or of the performance of an individual procedural action, the judge may, by ruling, task a municipal body or the district services (district inspectors) of the territorial bodies of the Ministry of Internal Affairs of Georgia with delivering the court notice to the said persons. The municipal body or the district inspectors shall be obliged, within the time limit established by the ruling, to ensure delivery of the court notice to the parties, their representatives, as well as witnesses, experts, specialists and interpreters, and to inform the judge of its delivery, of the reasons for the impossibility of delivery, or of refusal to accept delivery.

7¹. If the person to be summoned to court is in another municipality (district, city) and it is impossible to serve the court notice on him in a timely manner, the court hearing the case may instruct the relevant court in whose territory the person to be summoned is located to serve the notice on the addressee. For this purpose, the court hearing the case may, using technical means, send the notice to the relevant court or inform it of the content of the notice. In the latter case, the court receiving the instruction shall copy out the notice in the name of the court giving the instruction. The instruction shall be carried out by the relevant civil servant of the court. The court receiving the instruction shall be obliged to inform the court giving the instruction about the service of the notice on the addressee, the reasons for the impossibility of serving it or the refusal to serve it, and to send the relevant document using technical or other means.

7². If a court notice is to be served abroad on a person to be summoned to court, the court may for this purpose apply the rules established by the international treaties of Georgia for the service of the said notice. The court shall ensure the sending of the court notice through the central authority provided for by the relevant international treaty of Georgia.

8. A court notice sent to a citizen by post or by courier shall be served on him personally, while a notice sent to a citizen's workplace, as well as to an organization, shall be served on the chancellery or a structural unit of the same designation, or on a person, and in the absence thereof – on the relevant authorized person of the organization, who shall pass the notice to the addressee. A court notice may also be delivered to a citizen or an organization by a different procedure of service provided for by agreement of the parties. In the cases provided for by this paragraph, service of the notice shall be confirmed by the signature of the recipient of the notice on its second copy.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 24 September 2009 No. 1701 - LHG I, No. 29, 12.10.2009, Art. 184

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 8 May 2012 No. 6144 – website, 25.05.2012

Law of Georgia of 15 July 2020 No. 6988 – website, 28.07.2020

Law of Georgia of 30 March 2021 No. 424 – website, 13.04.2021

Article 74. Notification in the absence of the addressee🔗

1. If the person delivering the court notice failed to find the person to be summoned to court at the address indicated by the party, he shall deliver the notice to any capable member of the family living with him, and if the notice is delivered at the place of work – to the administration of the place of work, in accordance with the procedure established by paragraph 8 of Article 73 of this Code, except in cases where they participate in the case under consideration as opposing parties. The recipient of the notice shall be obliged to indicate on the second copy of the notice his name and surname, his relationship to the addressee and the position held. The recipient of the notice shall also be obliged to hand the notice over to the addressee immediately. Delivery of the notice to the person provided for by this paragraph shall be considered delivery of the notice to the addressee, which is confirmed by the signature of the recipient of the notice on the second copy of the notice.

2. In the absence of the addressee, the person delivering the court notice shall indicate on the second copy of the notice where the addressee has gone and when his return is expected.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Article 75. Refusal to accept the notice🔗

1. If the addressee or the subject provided for by paragraph 1 of Article 74 of this Code, except for the exception provided for by paragraph 2 of this Article, refused to accept the notice, the person delivering it shall make an appropriate note on the notice, which is returned to the court. In such case, the notice shall be considered delivered to the addressee and the court may consider the case.

2. In the case of refusal to accept the notice by the subject provided for by paragraph 1 of Article 74 of this Code, the court notice shall not be considered delivered to the defendant if the notice is being sent to him for the first time, except in the case where the notice was sent to the address indicated by the defendant in the response (defence).

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 76. Change of address during the proceedings🔗

The parties and their representatives shall be obliged to notify the court of a change of their address during the proceedings. In the absence of such notification, the notice shall be sent to the last address known to the court and shall be considered delivered, even if the addressee no longer lives at that address.

Article 77. Delivery of notice to a co-participant🔗

1. If the conduct of the case in court has been entrusted to one of the co-participants, the notice shall be delivered to him/her. He/she shall be obliged to notify the other co-participants thereof. Delivery of the notice to the co-participant who has been entrusted with the conduct of the case means delivery of the notice to all co-participants.

2. If in a case there are more than 10 persons as claimants, appellants, cassation appellants, or opposing parties and the circumstances provided for by paragraph 1 of this Article do not exist, the court notice shall be sent to the first three persons who signed the claim (appeal, response). Delivery of the notice to one of them means delivery of the notice to all persons participating on his side.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 78. Public notice🔗

1. If the location of a party is unknown or court notice cannot otherwise be delivered to it, the court is entitled to issue a ruling on public dissemination of the court notice. The court notice shall be publicly disseminated by placement in a visible place in the building of the respective court or on a website, or, at the request of the interested party, at its own expense, by publication in a newspaper that is mass-distributed in the administrative-territorial unit corresponding to the party's place of residence, or by publication in other media.

2. In the case provided for by paragraph 1 of this Article, the court notice shall be considered delivered to the party on the 7th day after placement of the court notice in a visible place in the building of the respective court or on a website, or after publication in a newspaper or other media.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Article 79. Parties in civil proceedings🔗

1. The court shall commence consideration of a case upon the application of interested persons. Natural and legal persons may appear before the court as parties.

2. In cases provided for by law, organizations that are not legal persons may be parties.

Article 80. Civil procedural legal capacity🔗

1. Every natural and legal person of Georgia is endowed with the ability to have civil procedural rights and obligations (procedural legal capacity).

2. The procedural legal capacity of a natural person arises from the moment of birth and terminates upon his/her death.

3. The legal capacity of a legal person arises from the moment of registration and terminates from the moment of registration of its liquidation.

Article 81. Civil procedural capacity🔗

1. All adult natural persons and legal entities are endowed with the ability to exercise procedural rights in court and to perform procedural duties by their own actions, as well as to entrust the conduct of the case to a representative (procedural capacity).

2. Full civil procedural capacity of natural persons arises from the age of 18 (majority), while the capacity of a legal entity – from the moment of its registration. A person who marries before reaching the age of 18 shall also be considered capable.

3. The rights and interests protected by law of minors between 7 and 18 years of age, as well as of citizens recognised as having limited capacity, shall be defended in court by their parents, adoptive parents or curators. At the same time, the court is obliged in such cases to involve the minors themselves.

3¹. If, by a court judgment, support is imposed on a support recipient for the exercise of procedural representation, the court shall be obliged to consider such a case with the mandatory participation of the support recipient and his/her supporter.

4. If a minor is granted by law the right to independently dispose of his/her property, to conclude minor household transactions, etc., he/she has the right to personally defend his/her rights and interests provided for by law in court, to be a claimant, defendant or third person. The court may, upon the application of the minor or on its own initiative, also involve his/her legal representative in the case.

5. The rights and interests protected by law of a minor under 7 (young child) shall be defended in court by his/her legal representative – a parent, adoptive parent, guardian. The court is entitled, upon the application of the legal representative of the minor under 7 (young child) or, taking into account the best interests of the minor under 7 (young child), on its own initiative, to involve the minor under 7 (young child) in the case.

6. In cases provided for by the legislation of Georgia, the guardianship and curatorship authority is entitled to apply to the court to defend the rights of a minor and a support recipient.

Law of Georgia of 20 June 2003 No. 2450 – LHG I, No. 20, 11.07.2003, Art. 139

Judgment of the Constitutional Court of Georgia of 8 October 2014 No. 2/4/532,533 – website, 28.10.2014

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015

Law of Georgia of 20 September 2019 No. 5014 – website, 27.09.2019

Law of Georgia of 21 May 2020 No. 5914 – website, 25.05.2020

Article 81¹. Right of a minor to protection🔗

A minor has the right to apply to a court for the protection of his/her rights and lawful interests. In this case, the court shall appoint a procedural representative and shall consider the case. A minor claimant has the right not to agree with his/her procedural representative and to defend himself/herself. The court shall be obliged to involve the guardianship and curatorship authorities in such a case.

Law of Georgia of 20 June 2003 No. 2450 – LHG I, No. 20, 11.07.2003, Art. 139

Law of Georgia of 20 September 2019 No. 5014 – website, 27.09.2019

Law of Georgia of 21 May 2020 No. 5914 – website, 25.05.2020

Article 82. Procedural representative of an incapable party in proceedings (procedural curator)🔗

1. If a claim is filed against an incapable party that has no legal representative, the court shall, on the basis of the claimant's application, appoint a procedural representative and consider the case, if its non-consideration threatens the claimant with harm.

2. If, in the course of the proceedings, it becomes clear that a claim has been brought by an incapable claimant that has no legal representative, then, in order to avoid delay in the consideration of the case, a procedural representative may be appointed to the claimant before a legal representative is appointed.

Article 83. Procedural rights of the parties🔗

1. The parties enjoy equal procedural rights. They have the right to review the case materials, make extracts from these materials, make copies, file recusations, submit evidence, including expert (expert institution) conclusions, specialist reports, participate in the examination of evidence, put questions to witnesses, experts, specialists, make motions before the court, give oral and written explanations to the court, submit judgments of another court in a case of the same type, submit their conclusions and express opinions on all issues raised during the consideration of the case, rebut the other party's motions, conclusions and opinions, appeal judgments and rulings of the court, submit a settlement act at any stage of the consideration of the case and enjoy other rights granted to them by this Code.

1¹. A minor, in addition to the rights provided by paragraph 1 of this Article, has the right to receive information on the issues provided by paragraph 4 of Article 70 of the Code on the Rights of the Child in accordance with paragraph 5 of the same Article.

2. The claimant has the right, before the completion of the preparation of the case for preliminary court hearing, to change the basis or subject matter of the claim, supplement the circumstances and evidence indicated in the claim, increase or reduce the amount of the claim, of which the court shall notify the defendant.

3. After the preparation of the case for preliminary court hearing, changing the basis or subject matter of the claim shall be permissible only with the prior consent of the defendant. In the case of such consent, the defendant may request postponement of the court hearing to another time.

4. Clarification, specification and supplementation by the claimant of the circumstances indicated in the claim, as well as reduction of the amount of the claims, or the award to him of another thing instead of one thing, or compensation of the value of this thing, shall not be considered a change of the claim.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 20 September 2019 No. 5014 – website, 27.09.2019

Law of Georgia of 21 May 2020 No. 5914 – website, 25.05.2020

Article 83¹. Withdrawal of a claim by the claimant🔗

1. The claimant has the right to withdraw the claim without waiving his/her demand. Withdrawal of a claim is permissible at any stage of the hearing of the case. Withdrawal of a claim during the hearing of the case on the merits in the court of first instance, as well as during the hearing of the case by way of appeal and cassation, is permissible with the consent of the defendant. If the defendant does not consent, the court shall consider and decide the case.

2. If the court grants the claimant's application for withdrawal of the claim, it issues a ruling on leaving the claim unexamined and returning it to the claimant. In such case, only the state fee paid to the court of the respective instance shall be returned to the claimant. At the same time, he/she shall be ordered to pay the court costs incurred by the defendant. In the case of granting the withdrawal of a claim during the hearing of the case by way of appeal or cassation, the court shall set aside the judgments of the lower instance courts.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 84. Replacement of an improper claimant🔗

1. If the court, during the hearing of the case, establishes that the claim has been brought by a person who does not have the right to demand, it may, with the consent of the claimant, without terminating the case, replace the initial claimant with the proper claimant.

2. If, notwithstanding such consent, the proper claimant does not agree to replace the improper claimant, the court shall terminate the proceedings on the ground that the improper party has waived the claim brought by him/her.

3. If the improper claimant does not agree to be replaced by the proper claimant, the latter may join the case as a third party asserting an independent claim on the subject matter of the dispute, of which the court notifies this person. If this person agrees to join the case as a third party, the court, by its judgment, shall dismiss the improper claimant's claim as unfounded, and shall grant the claim against the proper claimant joined to the case as a third party on general grounds.

4. If the proper claimant presumed to be joined to the case as a third party refuses to join this case, the court, by its judgment, shall dismiss the improper claimant's claim.

Article 85. Replacement of an improper defendant🔗

If, during the hearing of the case, the court establishes that the claim has been brought against a person who is not the one who should answer the claim, it may, with the consent of the claimant, replace the initial defendant with the proper defendant. If the claimant does not agree to the replacement of the initial defendant with the proper defendant, the court, by its judgment, shall dismiss the claimant's claim.

Article 86. Grounds for co-participation🔗

1. A claim may be filed jointly by several claimants or against several defendants if:

a) the subject matter of the claim is a common right;

b) the claims arise from the same grounds;

c) the claims are of the same type, irrespective of whether their ground and subject matter are of the same type.

2. Each claimant or defendant acts independently in the proceedings vis-à-vis the other party.

Article 87. Procedural rights of co-parties🔗

1. Co-parties enjoy all the procedural rights granted to the parties under this Code.

2. Co-parties may entrust the conduct of the case to one of the co-parties, except where the co-party is a minor, or has a guardian or curator.

3. Entrusting the conduct of the case to one of the co-parties shall be formalised in the manner established by Article 96.

Article 88. Third parties with an independent claim🔗

1. Any interested person who asserts an independent claim to the subject matter of the dispute or to part thereof may bring a claim against both parties or one of the parties before the parties' pleadings commence (third parties with an independent claim). The acceptance and examination of a third party's claim shall proceed in accordance with the general rules. The third party's claim and the original claimant's claim shall be decided simultaneously.

2. Third parties with an independent claim enjoy all the rights of a claimant and bear all his obligations.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 89. Third parties without an independent claim🔗

Any interested person who does not assert an independent claim to the subject matter of the dispute or to part thereof may apply to the court with an application to be admitted to the case as a third party on the side of the claimant or the defendant, since a court judgment in this case may subsequently affect his rights and obligations vis-à-vis one of the parties. The court shall decide the question of admission as a third party taking into account the opinions of the parties.

Article 90. Joinder of a third party to the case at the initiative of one of the parties🔗

1. A third party without an independent claim may be joined to the case at the initiative of one of the parties, for which purpose he shall apply to the court with a reasoned application. Such an application may be made, both in written and in oral form, before the court delivers a judgment. An oral application shall be entered in the minutes of the court hearing. Taking into account the opinions of the parties, the court shall issue a ruling on joining the third party to participate in the case or on refusing such joinder.

2. A court ruling refusing the joinder of a third party to the case shall be appealed together with the judgment.

Law of Georgia of 20 December 2005 No. 2360 - LHG I, No. 55, 27.12.2005, Art. 376

Article 91. Procedural rights of third parties🔗

Third parties who do not assert independent claims regarding the subject matter of the dispute shall enjoy the procedural rights of the parties and shall bear the procedural obligations of the parties, except for the right to increase or reduce the amount of the claim, to change the basis or the subject matter of the claim, to acknowledge the claim, to waive the claim or to settle, to file a counterclaim, to request compulsory enforcement of a court judgment.

Article 92. Procedural succession🔗

1. In the event of the departure of one of the parties from a legal relationship that is disputed or established by a court judgment (death of a citizen, reorganisation of a legal entity, assignment of a claim, transfer of a debt and others), the court shall permit the replacement of that party by its successor. Succession is possible at every stage of the proceedings.

2. All actions to be performed for the successor before his/her admission to the proceedings shall be binding to the extent that they would have been binding for the person whom he/she replaced.

3. In the event of succession, the court shall suspend the proceedings in accordance with Article 279.

4. A court ruling on replacement by a successor or on refusal of such replacement may be appealed by way of a private complaint.

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 93. Conduct of a case through a representative🔗

1. Citizens may conduct a case in court in person, while legal entities or other organisations – through the official who, under the charter or the regulation, may act on behalf of that legal entity or organisation.

2. The parties may also conduct a case in court through a representative. Conduct of a case through a representative does not deprive the parties of the right to participate in the case in person as well.

Article 94. Persons who may be representatives in court🔗

1. The following may be representatives of the parties in court:

a) advocates;

b) employees of a state authority body, a municipality/municipal body, organizations – in cases of these bodies and organizations;

b¹) organizations with the status of a special claimant − in cases of persons with disabilities;

c) one of the co-participants – upon the assignment of the remaining co-participants;

d) other capable persons – only in the court of first instance.

1¹. A person who participated as a mediator in the same case or in another case substantially related to this case may not be a representative in court.

2. If the value of the subject of the dispute exceeds GEL 500,000 and/or if the case is characterized by particular complexity from a factual or legal standpoint and an executive authority institution participates in the civil proceedings, it applies to the Ministry of Justice of Georgia, which is entitled to request the appointment of a state servant and a public servant of the Ministry of Justice of Georgia as a representative of this institution in the civil proceedings (except for a dispute arising from the tax legislation and/or customs legislation of Georgia). In this case, the executive authority institution is entitled, with the consent of the Ministry of Justice of Georgia, to grant the authority of representation in the same case to the public servant who works in the said institution.

3. (Removed - 30.11.2018, No. 3811).

4. In the cases provided for by paragraph 2 of this Article, the procedure and time limits for applying to the Ministry of Justice of Georgia, for the movement of case materials and for the appointment of a representative shall be determined by order of the Minister of Justice of Georgia.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 27 March 2009 No. 1132 - LHG I, No. 9, 13.04.2009, Art. 32

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 22 March 2011 No. 4463 - website, 01.04.2011

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 27 October 2015 No. 4370 - website, 11.11.2015

Law of Georgia of 21 December 2016 No. 162 - website, 28.12.2016

Law of Georgia of 30 November 2018 No. 3811 – website, 13.12.2018

Law of Georgia of 28 June 2019 No. 4921 – website, 04.07.2019

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia of 14 July 2020 No. 6839 – website, 28.07.2020

Law of Georgia of 15 July 2020 No. 6988 – website, 28.07.2020

Article 95. Persons who may not be representatives in court🔗

A judge, an investigator and a prosecutor may not be representatives in court, except where they appear in the proceedings as parents (adopters), guardians, curators or representatives of the relevant body.

Article 96. Forming of the Representative's Authority🔗

1. The representative's authority shall be set out in a power of attorney issued and drawn up in accordance with law. A power of attorney issued by a citizen shall be certified by a notarial procedure or by the organisation where the principal works or studies, by the administration of the in-patient medical institution where the citizen is undergoing treatment, by the relevant military unit, if the power of attorney was issued by a military servicemember. A power of attorney issued by a person placed in a penitentiary institution (hereinafter – penitentiary institution) of the Special Penitentiary Service (hereinafter – Special Penitentiary Service), a state sub-agency institution within the system of the Ministry of Justice of Georgia, shall be certified by the director of that institution.

2. A power of attorney on behalf of an organisation shall be issued by the head of the relevant organisation or another authorised person.

3. The authority of an advocate shall be confirmed in the manner established by the Law of Georgia "On Advocates".

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 9 March 2010 No. 2717 - LHG I, No. 12, 24.03.2010, Art. 54

Law of Georgia of 1 May 2015 No. 3531 – website, 18.05.2015

Law of Georgia of 1 June 2017 No. 948 - website, 20.06.2017

Law of Georgia of 5 July 2018 No. 3139 – website, 11.07.2018

Article 97. Court's Refusal to Admit as a Representative a Person Who Is Not an Advocate🔗

1. The court may refuse to admit to the proceedings as a representative a person who is not an advocate, if it considers that the latter does not have sufficient data to represent a party and defend its rights.

2. Those actions which the procedural representative carried out before removal shall remain in force.

3. A ruling of the court refusing to admit as a representative a person who is not an advocate may be appealed by way of a private complaint.

Decision of the First Collegium of the Constitutional Court of Georgia of 16 February 2004 No. 1/1/186 - LHG IV, No. 9, 20.02.2004, p. 2

Law of Georgia of 16 December 2005 No. 2270 - LHG I, No. 55, 27.12.2005, Art. 372

Article 98. Authority of a representative🔗

1. The authority to conduct a case in court gives the representative the right, in the name of the principal, to perform all procedural actions, except for filing a claim, referring the case to arbitration, representation in the court mediation process, waiving the claim in whole or in part, acknowledging the claim, changing the subject matter of the claim, settlement, appealing a court judgment, submitting an enforcement writ for collection, and receiving awarded property or money. The representative's authority to perform each procedural action provided for by this Article must be specifically indicated in the power of attorney issued by the principal.

2. A person authorized by a party may entrust the performance of an individual procedural action to another attorney or their assistant.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 9 December 2025 No. 1159 - website, 12.12.2025

Article 99. Termination of a representative's authority by the principal🔗

The principal has the right, at any stage of the proceedings, to revoke the power of attorney issued by them and to terminate the representative's authority, of which they shall notify the court and the representative in writing. Termination of the representative's authority at the party's proposal does not constitute grounds for suspending the proceedings or postponing the hearing of the case. All procedural actions performed in accordance with the law by a representative whose authority has been terminated retain their validity.

Article 100. Refusal by a representative of their authority🔗

A representative has the right, at any stage of the proceedings, to refuse their authority, of which they must promptly notify both the court and their principal, so that the latter may be able to participate in the proceedings themselves and appoint a new representative. In view of this, the court shall set a time when the representative has the right to cease participation in the proceedings.

Article 101. Legal representatives🔗

1. The rights and legally protected interests of an incapable citizen, as well as of a citizen with limited legal capacity, shall be defended in court by their parents, adoptive parents, guardians and curators, who shall present to the court documents confirming their authority.

2. Legal representatives shall perform, in the name of the persons they represent, all procedural actions which they are entitled to perform, with the restrictions provided by law.

3. In a case in which a citizen declared missing without trace in accordance with the procedure established by law must participate, the person to whom the property of the person missing without trace has been transferred for administration shall participate as his representative.

4. In a case in which the heir of a deceased person or of a person declared deceased in accordance with the procedure established by law must participate, if the inheritance has not been accepted by anyone, the person appointed for the protection and administration of the estate shall act as the representative of the heir.

5. In the cases provided for by this Article, legal representatives may entrust the conduct of the case in court to an attorney, which does not deprive the legal representative of the right to participate in the case himself.

Article 102. Burden of Proof. Admissibility of Evidence🔗

1. Each party shall prove the circumstances on which it relies in its claims and response.

2. These circumstances may be proved by the explanations of the parties themselves (third persons), the testimony of witnesses, materials of the ascertainment of facts, written or material evidence and expert opinions.

3. Circumstances of a case which, according to law, must be proved by a certain type of evidence may not be proved by another type of evidence.

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 103. Collection of Evidence🔗

1. Evidence shall be submitted to the court by the parties. The court may suggest to the parties that they present additional evidence.

2. If the parties, for one reason or another, were unable to obtain the evidence directly and present it to the court, the court, upon the motion of the parties, may itself request the evidence from those who should hold it.

3. Evidence obtained in violation of law has no legal force.

4. Evidence presented before the completion of the preparatory stage of the case shall be attached to the case and shall be considered and examined by the court in accordance with the procedure established by Article 225 of this Code. The issue of admitting evidence presented after the completion of the preparatory stage of the case shall be considered by the court, taking into account the opinions of the parties, at an oral hearing.

Law of Georgia of 7 March 2018 No. 2035 - website, 29.03.2018.

Article 104. Inadmissibility of evidence🔗

1. The court shall not admit, shall not request, or shall remove from the case evidence that has no significance for the case.

1¹. The court shall not admit as evidence information and a document disclosed under conditions of confidentiality in the court mediation process, unless otherwise provided by agreement of the parties.

1². The rule provided for by paragraph 1¹ of this Article shall not apply if the information and document disclosed under conditions of confidentiality in the court mediation process are submitted to the court by the party that disclosed it, or if the other party had this information and/or document or obtained it by other means provided by law and submitted it to the court.

2. The court shall issue a ruling on the inadmissibility of evidence, refusal to request it, or its removal from the case, which shall not be appealed separately.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 5550 of 20 December 2011 – website, 28.12.2011

Article 105. Assessment of evidence🔗

1. No evidence has pre-established force for the court.

2. The court shall assess evidence according to its inner conviction, which must be based on their comprehensive, complete and objective examination, as a result of which it draws a conclusion on the existence or non-existence of circumstances significant for the case. When assessing the credibility of a witness's testimony or a party's explanation, along with other circumstances, account shall be taken of his/her ability to correctly perceive, remember and recall circumstances significant for the case.

3. The opinions underlying the court's inner conviction shall be reflected in the judgment.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 4047 of 21 February 2024 – website, 07.03.2024

Article 106. Facts that do not require proof🔗

The parties shall be exempt from presenting evidence to confirm such facts on which their claims or objections are based, but which do not require proof. These are:

a) facts which the court considers generally known;

b) facts established by a judgment of a court that has entered into legal force in one civil case, if the same parties participate in the examination of other civil cases;

c) (removed).

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 3619 of 24 September 2010 - LHG I, No. 51, 29.09.2010, Art. 332

Article 107. Court Commissions🔗

1. If, upon motion of the parties, evidence to be requested or verified by the court is located in another city or district and its presentation or verification in the court hearing the case is impossible or difficult, the court may, by a reasoned ruling, entrust the collection (verification) of evidence to the court for which this is territorially more convenient.

2. In the court ruling on a court commission, the substance of the case under consideration, the circumstances to be established, and the evidence that must be collected (verified) by the court executing the commission, as well as the time limit for execution of the commission, shall be briefly set out.

3. Execution of a ruling on a court commission is mandatory and it shall be executed within the appointed time limit.

Article 108. Procedure for Execution of a Court Commission🔗

1. A judge shall execute a court commission individually.

2. All materials collected during execution of the commission shall be immediately sent to the court hearing the case. If, under a court commission, an on-site inspection is to be conducted, the judge executing the commission shall notify the parties of the time and place of the on-site inspection, but their failure to appear shall not prevent the inspection from being conducted.

3. If the parties or witnesses who gave explanations or testimony to the judge executing the commission appear before the court hearing the case, they shall give explanations and testimony under the general procedure.

Article 109. Motion for Securing of Evidence🔗

1. A person who has grounds to believe that the presentation of evidence necessary for that person will subsequently become impossible or difficult may request the court to secure such evidence.

2. Securing of evidence is permissible even before a case is initiated in court.

Article 110. Securing of Evidence before Initiation of a Case in Court🔗

Securing of evidence before initiation of a case in court shall be carried out by the judge of the district (city) or magistrate judge in whose territory the procedural action for the purpose of securing evidence (examination of a witness, inspection of physical evidence, and a.y.) is to be performed.

Law of Georgia of 23 June 2005 No 1740 - LHG I, No 36, 11 July 2005, Art. 227

Article 111. Application for Securing of Evidence🔗

1. An application for securing of evidence shall be submitted to the court in written form. Submission of such an application in oral form is permissible during the hearing of the case in court.

2. A motion raised by an oral application for securing of evidence shall be entered in the minutes of the court hearing.

Article 112. Content of an application on securing evidence🔗

A motion on securing evidence, whether filed in written or oral form, shall reflect:

a) the evidence that needs to be secured;

b) the circumstances to confirm which this evidence is necessary;

c) the reasons that compelled the applicant to file a motion on securing evidence;

d) the surname, name and address of the opposing party, if the application on securing evidence is filed with the court before the institution of proceedings and the applicant knows who may be the opposing party.

Article 113. Court ruling on securing evidence🔗

1. The judge shall issue a ruling on securing evidence, in which he/she shall indicate the procedure and means of its execution.

2. The procedural action required to secure evidence shall be performed in accordance with the procedure established by this Code.

Article 114. Participation of a specialist in securing evidence🔗

When performing a particular procedural action in order to secure evidence, the court may invite a specialist in accordance with the procedure and on the grounds established by Article 204.

Article 115. Participation of the parties in securing evidence🔗

1. The parties shall be notified of the time and place of securing evidence, but their failure to appear cannot hinder the performance of the relevant procedural action for the purpose of securing evidence.

2. In urgent cases, evidence may be secured without notifying the parties.

Article 116. Sending to the court of materials collected by way of securing evidence🔗

1. The records and all materials collected by way of securing evidence shall be sent to the court hearing the case.

2. If evidence was secured before the institution of proceedings in court, the record drawn up at the time of securing and other materials shall be kept at the court, and shall subsequently, upon the request of the parties or on the initiative of the court itself, be sent to the court that is hearing the case.

Article 117. Repeated or additional securing of evidence🔗

1. The parties, irrespective of whether or not they participated in the securing of evidence, shall be entitled to express their opinions and to point out the defects which, in their opinion, occurred at the time of securing.

2. During the hearing of the case, the court may order additional or repeated securing of evidence.

Article 118. Procedure for reimbursement of expenses incurred for securing evidence🔗

The expenses incurred for securing evidence shall be paid by the person who filed a motion with the court for such securing. The opposing party shall be entitled to demand reimbursement of the expenses incurred by it for participation in the securing of evidence. Ultimately, the distribution of these expenses shall be effected by the court when deciding the case on the merits.

Article 119. Appeal against a ruling issued on securing evidence🔗

An appeal against a court ruling on securing evidence shall not be allowed. A ruling refusing to secure evidence may be appealed by way of a private complaint.

Article 120. On-site inspection of material and written evidence🔗

The court, at the request of the parties or on its own initiative, may order the on-site inspection and examination of material and written evidence whose submission to the court is impossible for one reason or another.

Article 121. Court ruling on on-site inspection🔗

1. The court shall issue a ruling on on-site inspection, which shall indicate the subject of the inspection and examination, as well as the time and place of the inspection. This ruling shall not be subject to appeal.

2. The parties and their representatives shall be notified of the time and place of the on-site inspection, but their failure to appear cannot prevent the conduct of the inspection.

3. Where necessary, witnesses may be summoned to participate in the on-site inspection.

Article 122. Conduct of on-site inspection🔗

The on-site inspection shall be conducted by the judge hearing the case. If the case is heard by a collegial composition of the court, the duty of on-site inspection may, by decision of the chairperson of that court, be assigned to one of its members. For the purpose of establishing facts, the court may entrust the conduct of the on-site inspection to a legal entity of public law within the governance sphere of the Ministry of Justice of Georgia − the National Bureau of Enforcement.

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 123. Participation of a specialist in on-site inspection🔗

1. To participate in the on-site inspection, the court may summon a specialist on the grounds and in the manner determined by Article 204.

2. The court shall issue a ruling on summoning a specialist, which shall not be subject to appeal.

Article 124. Rights and duties of persons participating in the inspection🔗

Parties, witnesses and specialists participating in the inspection shall have the right to draw the judge's attention to this or that circumstance which, in their opinion, is important for conducting the inspection in full and for establishing circumstances relevant to the case.

Article 125. Content of the inspection record🔗

1. During the inspection a record shall be drawn up (inspection record), which shall note:

a) the place and objects of the inspection;

b) the parties, witnesses and specialists participating in the inspection;

c) the opinions of the persons participating in the inspection, their remarks;

d) the results of the inspection and examination.

2. Plans, drawings, photographs, etc. drawn up or verified during the inspection may be attached to the record.

Article 126. Reimbursement of costs related to inspection🔗

If the inspection involves costs, the party that applies to the court for an inspection shall pay the corresponding amount in advance. If the on-site inspection is conducted on the court's initiative, these costs shall be borne by both parties.

Article 127. Receiving parties' explanations🔗

1. The process of establishing circumstances relevant to the case begins with the receipt of explanations from the parties (third persons, co-participants, legal representatives): the parties give explanations about circumstances known to them and relevant to the case.

2. The parties have the right, without the court's prior permission, to put questions to the opposing party and its representative. The court grants permission only with respect to the commencement of the procedure of putting questions. If a question is irrelevant or inappropriate and does not serve the examination and establishment of the circumstances of the case, the court, upon a party's request or on its own initiative, may strike such a question. A question may be considered irrelevant or inappropriate and struck by the judge single-handedly, and where the case is heard by a collegial court, then by the presiding judge of the session.

3. By a decision of the judge, the receipt of a party's remote explanation may be carried out using a telephone, video means or other technical means, from another court, an administrative body or through Georgia's diplomatic missions and consular offices abroad, if the identification of the person at the place of questioning is possible by the respective body.

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 20 November 2009 No. 2110 – LHG I, No. 40, 07.12.2009, Art. 293

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 12 June 2012 No. 6439 – website, 22.06.2012

Article 128. Judges' questions🔗

A judge has the right to put questions to the parties which will contribute to the full and accurate determination of circumstances relevant to the resolution of the case, to the discovery and submission to the court of evidence to confirm them, and to the ascertainment of their reliability.

Article 129. Persons from whom explanations may not be received🔗

Explanations may not be received:

a) (removed – 21.02.2024, No. 4047);

b) from a clergyman about circumstances confided to him during confession;

c) from an official about circumstances the protection of the secrecy of which falls within his official duties, unless he is released from the protection of such secrecy.

Law of Georgia of 25 November 2005 No. 2130 – LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 14 July 2020 No. 6839 – website, 28.07.2020

Law of Georgia of 21 February 2024 No. 4047 – website, 07.03.2024

Article 130. Receipt of explanations in the event of non-appearance of one of the parties🔗

The non-appearance of one of the parties at a court hearing or the refusal of a party that has appeared to give explanations to the court shall not preclude the possibility of receiving such explanations from the other party.

Article 131. Admission🔗

Confirmation (admission) by one party of the existence or non-existence of a circumstance on which the other party bases its claims or its defence may be considered by the court as sufficient evidence and used as a basis for a court judgment.

Article 132. Form of admission by the parties🔗

A party may admit the existence or non-existence of a circumstance relevant to the case both orally and in writing, during the preparation of the case for preliminary court hearing or during the consideration of this case at a court hearing. If the admission is submitted in writing, it shall be attached to the case file. An admission made orally shall be entered in the minutes of the court hearing.

Article 133. Retraction of admission by a party🔗

1. A party may, before the court delivers a judgment, retract (deny) its admission if it proves that this admission was the result of a mistake and was conditioned by a circumstance that became known to it after the admission, or by mental or physical influence upon it that excluded its free will.

2. The retraction of an admission shall be reasoned by the court in its judgment.

Article 134. Written evidence and the procedure for its submission🔗

1. Written evidence consists of acts, documents, letters of a business and personal nature which contain information about circumstances significant to the case.

1¹. An electronic document as defined by the Law of Georgia “On Electronic Documents and Electronic Trust Services”, as well as a document confirmed by electronic signature and/or a certified document provided for by Article 48 of the Organic Law of Georgia “On the National Bank of Georgia”, paragraph 4 of Article 19 of the Law of Georgia “On the Activities of Commercial Banks” and paragraph 3 of Article 25 of the Law of Georgia “On the Activities of Microbanks”, shall have the force of evidence.

2. Written evidence shall be submitted to the court by the parties. If a party was unable to obtain written evidence from the person who holds this evidence, it may apply to the court so that the court requests it.

2¹. A person initiating a motion for the request of written evidence may also request from the relevant party uniform (one type) documents without specifying concrete details, on the assumption that the said documents may establish circumstances significant to the case.

3. A person initiating a motion for the request of written evidence shall be obliged to substantiate what circumstance significant to the case may be established by this evidence and what his assumption is based on that the evidence is in the hands of the person indicated by him.

4. A refusal to request written evidence shall be substantiated by the court in its ruling, which shall not be appealed separately.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 18 June 2008 No. 27 - LHG I, No. 11, 04.07.2008, Art. 83

Law of Georgia of 20 November 2009 No. 2110 - LHG I, No. 40, 07.12.2009, Art. 293

Law of Georgia of 21 April 2017 No. 656 - website, 10.05.2017

Law of Georgia of 23 December 2017 No. 1900 – website, 11.01.2018

Law of Georgia of 22 February 2023 No. 2621 – website, 10.03.2023

Article 135. Submission of the original of written evidence🔗

Written evidence shall, as a rule, be submitted in the form of the original. If a copy of a document is submitted, the court, upon the motion of the parties or on its own initiative, may request the submission of the original. A person may be released from the submission of the original only if he proves that the submission of such a document is impossible for a certain reason which the court considers substantiated. The conferral of evidentiary significance on a copy of a document depends on the court’s view.

Article 136. Mandatory nature of the submission of written evidence to the court🔗

1. Written evidence requested shall be sent to the court by natural and legal persons within the appointed time limit. If they are unable to submit this evidence within that time limit, they are obliged to notify the court thereof, indicating the reasons. In the event of a valid reason, the court is entitled to set the persons provided for by this paragraph an additional time limit for the submission of evidence.

2. In the event of failure to notify, as well as in the event where the court's request for the submission of written evidence was not complied with for an invalid reason, the court shall fine a citizen or the head of an enterprise, institution, organisation, or the respective official 150 GEL.

3. A fine shall not release the respective person from the obligation to submit the written evidence requested by the court.

4. In the event of repeated failure to submit written evidence, the court shall fine the respective person in the amount of three times the first fine.

5. If one of the parties, which does not deny that the evidence is in its hands, refuses for an invalid reason to submit written evidence, the court may release the person initiating the motion for the request of the evidence from the burden of proving the fact that was to be confirmed by this evidence, and transfer such burden to the party which refuses to submit the written evidence.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 137. Statement on the falsity of a document🔗

1. A party has the right, at the stage of preparing the case for preliminary court hearing, to state that the submitted document is false. It may also make such a statement during the consideration of the case at a court hearing, if this document was submitted at that court hearing, or the falsity of a previously submitted document became known to it at the court hearing.

2. The party submitting the evidence may ask the court to exclude the disputed document from the evidence and to decide the case on the basis of other evidence existing in the case. In the absence of such a request, the court shall verify the authenticity of the document, for which purpose it may order an expert examination, request the submission of additional evidence or request other evidence.

3. If the court reaches the conclusion that the submitted document is false, it shall exclude it from the evidence.

4. Verification of the authenticity of the submitted written evidence may be carried out at the initiative of the court.

5. If the falsity of the submitted document is established, the court shall issue a reasoned ruling and transfer this document, together with the evidence confirming its falsity, to the investigative bodies.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 138. Submission of Extracts of Written Evidence and Their Inspection at the Place of Storage🔗

Where it is difficult to submit documents to the court, the court may require the submission of duly certified extracts or may inspect and examine the written evidence at its place of storage.

Article 139. Storage and Return of Original Documents🔗

The original documents in a case shall be kept together at the court. Such documents, at the request of the person submitting them, may be returned to that same person, but copies of the original documents certified by a judge shall remain in the case.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 140. Summoning of a Witness🔗

1. Any person to whom any circumstance concerning the case is known may be a witness.

2. A witness may appear before the court through an interested party.

3. A party that applies to the court for the admission and examination of a particular person as a witness, as well as for his/her summoning through the court, shall indicate his/her first name, surname and place of residence, as well as which circumstance of significance to the case the witness can confirm.

4. The court may refuse to examine a summoned witness or may not summon him/her if it finds that the circumstances to confirm which the witness is summoned are of no significance for the resolution of the case on the merits.

Article 141. Persons Who May Not Be Examined as Witnesses🔗

In all cases, the following may not be summoned and examined as witnesses:

a) (removed - 21.02.2024, No. 4047);

b) a cleric – concerning the circumstances confided to him during confession;

c) representatives in civil cases and defence counsel in criminal cases – in connection with circumstances that became known to them in the performance of their duties as a representative or defence counsel;

d) a participant in the mediation process − in connection with confidential information that became known to him/her in the mediation process or essentially derives from the mediation process.

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia of 14 July 2020 No. 6839 – website, 28.07.2020

Law of Georgia of 21 February 2024 No. 4047 – website, 07.03.2024

Article 142. Right to refuse to give testimony🔗

1. The right to refuse to give testimony shall be vested in:

a) the spouses of the parties;

b) close relatives − children, foster children, grandchildren, sisters, brothers, parents, adoptive parents, guardians, curators, grandfathers, grandmothers;

c) persons who, by reason of their official position, are obliged to keep a secret, unless they are released from this duty.

2. Refusal to give testimony shall be permissible if the giving of testimony will result in the initiation of criminal prosecution against the witness or his/her close relative, or will cause them material damage.

Law of Georgia of 20 April 2005 No. 1349 - LHG I, No 19, 28.04.2005, Art. 121

Law of Georgia of 4 May 2017 No. 753 - website, 24.05.2017

Article 143. Obligation to give testimony notwithstanding the right to refuse to give testimony🔗

Notwithstanding the right to refuse to give testimony, a person shall be obliged to give testimony if:

a) it is necessary to confirm a transaction at the conclusion of which he/she was invited as a witness;

b) it is necessary to clarify the issues of the birth, marriage or death of a family member;

c) when establishing certain legal relations, he/she acted as a representative of one of the parties.

Article 144. Duty of a witness to substantiate refusal to give testimony🔗

A witness who refuses to give testimony shall substantiate this refusal. The question of whether a witness has the right to refuse to give testimony shall be finally decided by the court.

Article 145. Duty of a witness🔗

1. A person summoned as a witness shall be obliged to appear in court and give truthful testimony. In the event of a witness's failure to appear in court for an unjustified reason, he/she shall be fined GEL 50. The court may order the forcible bringing of the witness.

2. For refusal to give testimony and for deliberately giving false testimony, a witness may be held criminally liable.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No 32, 31.07.2006, Art. 243

Article 146. Right of a witness🔗

1. A witness shall have the right to demand reimbursement of the expenses related to being summoned to court in accordance with the procedure established by law.

2. The court may instruct the party at whose motion the witness has been summoned to pay in advance the expenses related to summoning and questioning the witness in court. In such a case, the court shall summon the witness after the party fulfils the obligation to pay the said expenses.

Article 147. Interrogation of a witness at his/her location🔗

The interrogation of a witness is conducted at an open court hearing. A witness may be interrogated at his/her location if:

a) due to illness or old age, due to having the status of limited capability, or for another valid reason, he/she is unable to appear in court;

b) according to the circumstances of the case, interrogation at his/her location is more appropriate;

c) several witnesses are to be interrogated who live in one place and their summoning to court and interrogation would involve great expenses;

d) in other cases – at the court's discretion.

Law of Georgia of 26 June 2025 No. 838 – website, 03.07.2025.

Article 148. Interrogation of a witness🔗

1. Each witness shall be interrogated separately. Witnesses who have not yet given testimony shall not be in the courtroom. Interrogated witnesses remain in the courtroom until the examination of the case is completed and may not leave the courtroom without the court's permission.

2. The interrogation of a witness begins with establishing his/her identity (name, surname, place of residence and place of activity, etc.). After this, the court establishes the witness's relationship with the persons participating in the case and addresses him/her with a proposal to inform the court of everything that is personally known to him/her about the circumstances of the case.

3. The witness, in a free narrative, conveys everything he/she knows about these circumstances. Only after this may questions be put to him/her.

4. The first questions are put by the party at whose initiative the witness was summoned, or by the party's representative, then – by the opposing party or its representative. The court decides the question of the appropriateness of putting a specific question.

5. A judge may put a question to a witness at any moment of the interrogation.

6. Upon a party's motion and by a judge's decision, remote interrogation of a witness is possible in accordance with the procedure established by paragraph 3 of Article 127 of this Code, of which the parties shall be notified in advance.

7. A witness with limited capabilities shall be interrogated in compliance with the conditions defined by the Law of Georgia "On the Rights of Persons with Disabilities".

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 14 July 2020 No. 6839 – website, 28.07.2020.

Article 149. Repeated interrogation of a witness. Confrontation of witnesses🔗

The court may, upon the motion of the parties or on its own initiative, interrogate a witness a second time, and also conduct a confrontation of witnesses in order to clarify contradictions in their testimony.

Article 150. Use of notes by a witness🔗

A witness gives testimony orally, but he/she may use notes if his/her testimony is related to some numerical or other hard-to-remember information. These notes may, upon the motion of the parties or on the court's initiative, be attached to the case.

Article 151. Refusal to Interrogate a Witness🔗

A party may refuse to interrogate a witness whose summons and interrogation it itself requested before the court. The other party may request the court that the witness who has appeared be interrogated, and if the interrogation has begun, that it be continued. In such a case, the witness shall be interrogated.

Article 152. Interrogation of a Minor Witness🔗

1. When interrogating a witness under 14 years of age, and, at the court's discretion, also when interrogating a witness between 14 and 18 years of age, a pedagogue may be invited, and if necessary, parents, adoptive parents, guardians or curators may also be invited. These persons, with the court's permission, may put questions to the witness.

2. In an exceptional case, if this is necessary to obtain correct and sincere testimony, during the interrogation of a minor witness, at the court's proposal, one of the parties may be removed from the courtroom. After this party returns to the courtroom, he/she shall be informed of the minor witness's testimony and be given the opportunity to put questions to the witness.

3. A witness who has not reached 16 years of age leaves the courtroom after interrogation, except when the court considers the stay of this witness in the courtroom necessary.

Article 153. Taking of an Oath by a Witness🔗

1. The taking of an oath by a witness may occur only if his testimony is of decisive importance for the resolution of the dispute raised between the parties and the court considers this expedient.

2. The oath is taken after interrogation.

3. Persons under 16 years of age shall not take an oath.

4. Before taking the oath, the court shall explain to the witness the significance of the oath and the criminal liability incurred by giving false testimony by deliberately taking an oath.

5. When taking an oath of religious significance, the judge addresses the witness as follows:

"Swear before the almighty and all-knowing God that you have with full awareness told only the truth and have concealed nothing."

To this the witness replies:

"I swear. May God be my protector!"

6. An oath of non-religious significance shall be taken as follows:

The judge addresses the witness:

"Swear that you have with full awareness told only the truth and have concealed nothing."

The witness replies:

"I swear."

7. If a witness declares that he refuses to take an oath because of his beliefs or other views, then he shall give his testimony with an affirmation replacing the oath. Such affirmation is made as follows:

The judge addresses the witness:

"Do you affirm with full awareness of responsibility before the court that you have told only the truth and have concealed nothing?"

The witness replies: "Yes, I affirm."

Article 154. Material evidence, procedure for its recovery and submission🔗

1. Material evidence is items which, by their quality, property or existence, constitute a means of establishing circumstances of significance to the case.

2. Material evidence shall be submitted to the court by the parties. If a party was unable to obtain material evidence from the person who holds it, the party may apply to the court for its recovery.

3. The person initiating a motion for the recovery of material evidence shall indicate what significant circumstance of the case may be established by this evidence, describe this item and indicate what his assumption is based on that the evidence is held by the person indicated by him.

4. Refusal to recover material evidence shall be substantiated by the court in its ruling, which shall not be appealed separately.

Article 155. Court to which material evidence shall be submitted🔗

Recovered material evidence shall be sent by natural and legal persons directly to the court within the appointed time. The court may also grant the person initiating the motion for the recovery of material evidence the right to receive the document for submission to the court.

Law of Georgia No. 1956 of 13 May 1999 – LHG I, No. 15(22), 14.05.1999, Art. 64

Article 156. Obligation to submit material evidence🔗

1. Natural and legal persons shall notify the court that they are unable to submit the recovered material evidence or to submit it within the time appointed by the court. In the event of a valid reason, the court is entitled to set an additional time for the persons provided for by this paragraph to submit the evidence.

2. In case of failure to notify, as well as in the event that the court's request for the submission of material evidence was not complied with for an invalid reason, the court shall fine the relevant natural person or official of a legal entity 150 GEL.

3. The imposition of a fine does not release the relevant person from the obligation to submit the material evidence recovered by the court.

4. In the event of repeated failure to submit material evidence, the court shall fine the relevant person three times the amount of the first fine.

Law of Georgia No. 1956 of 13 May 1999 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 157. Refusal by a party to submit material evidence🔗

If one of the parties, which does not deny that the evidence is in its hands, refuses without valid reason to submit material evidence, the court may release the person initiating the motion for the recovery of the evidence from the burden of proving the fact which was to be confirmed by this evidence, and transfer such burden to the party which refuses to submit the material evidence in its hands.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 158. Examination of material evidence🔗

1. Material evidence shall be presented to the parties (representatives). They may familiarize themselves with the inspection records. The parties may express their opinions on this material evidence or the records of its inspection.

2. At the main hearing the parties may move before the court to present expert opinions for the purpose of examining the material evidence, if such a motion was not initiated by them for valid reason at the stage of preparation of the case. Such a motion may not become a ground for postponement of the hearing of the case.

3. The court may also order an expert examination on its own initiative for the purpose of examining material evidence.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 159. On-site inspection of material evidence🔗

If the presentation of material evidence to the court is difficult or impossible, the court may, at the request of the parties or on its own initiative, order their on-site inspection, of which it issues a ruling. If the case is heard by a collegiate court, the on-site inspection may be entrusted to one of the judges. The on-site inspection is conducted in accordance with the rules established in Chapter XV.

Article 160. Storage of material evidence🔗

1. Material evidence shall be kept in the case file or, with a special inventory list, handed over to the court's chamber for the storage of material evidence.

2. Items which cannot be brought to the court shall be kept on site. They shall be described in detail and, if necessary, also photographed.

3. The court shall take measures to keep the items in an unchanged condition.

Article 161. Return of material evidence🔗

1. After the court judgment enters into legal force, the material evidence shall be returned to the person who submitted it or transferred to the person to whom the court has adjudged the right to this item.

2. Items which may not be in the possession of citizens shall be transferred to the appropriate state enterprise, institution or organization.

3. In individual cases, material evidence may, after its inspection and examination by the court, be returned to the person who submitted it before the completion of the case, if the latter so moves and if the granting of this motion may be done without prejudice to the hearing of the case.

Article 162. Appointment of an Expert Examination🔗

1. If the judge does not possess special knowledge on a matter related to the consideration of the case, the court may, on its own initiative, appoint an expert examination at any stage of the consideration of the case, only if the clarification of the said matter is of essential importance for the resolution of the case and it is impossible to deliver a judgment without it. In such a case, the court shall issue a reasoned ruling.

2. The parties may independently ensure the conduct of an expert examination. In such a case, the expert's opinion shall be submitted to the court at the stage of instituting the case or preparing the case. When filing a claim (response), a party shall be entitled to request a time limit for submitting the expert's opinion.

3. When the case is considered at the main hearing, a party may submit the expert's opinion only if, at the stage of preparing the case for court consideration, the need to submit the expert's opinion could not have been known to it for objective reasons and such ground arose at this hearing, or if the party, for a valid reason, was unable to ensure the submission of the relevant expert's opinion at the stage of preparing the case.

4. Failure by a party to submit an expert's opinion may not become a ground for postponing the consideration of the case. The court may set a time limit for the party to submit the expert's opinion.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 163. Ruling on the Appointment of an Expert Examination🔗

1. The court shall issue a ruling on the appointment of an expert examination, which shall state on what matters the expert's opinion is required, who has been appointed as the expert, and what materials have been submitted to the expert for examination. Where necessary, the court shall appoint several experts to conduct the expert examination.

2. When selecting experts, the court shall be entitled to take into account the opinions of the parties. The parties shall be entitled to propose to the court candidates for the person to be appointed as an expert. The court shall ultimately decide the question of to whom the conduct of the expert examination is to be entrusted. The parties shall be entitled to challenge an expert on the grounds established by Article 35 of this Code.

3. The parties shall also be entitled to submit to the court questions that the expert must clarify. The court shall ultimately determine the range of matters on which the expert's opinion is required.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 164. Appointment of Several Experts🔗

When several experts are appointed, they shall be entitled to confer with one another. If the experts reach a common opinion, they all shall sign one opinion. An expert who does not agree with the other experts shall draw up a separate opinion.

Article 165. Place of Conducting the Expert Examination🔗

The court shall determine the place of conducting the expert examination.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 166. Procedure for conducting expertise in a special expert institution🔗

1. If, by court assignment, the conduct of expertise is entrusted to an expert of a special court-expert institution, the court sends to this institution its ruling on the appointment of the expertise, as well as the materials necessary for conducting the expertise.

2. After receiving the court's ruling, the head of the expert institution entrusts the conduct of the expertise to one or several employees of this institution.

3. By court assignment, the head of the expert institution explains to the employees who are entrusted with conducting the expertise the rights and duties of an expert as provided for by Article 168, as well as the liability for avoiding giving a conclusion or for knowingly giving a false conclusion, as provided for by the Criminal Code of Georgia. In this regard, a signature shall be taken from them, which shall be sent to the court together with the expert's conclusion.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 3 January 2008, Art. 1

Article 167. Conducting expertise in a non-expert institution🔗

If, by court assignment, expertise is conducted in a non-special court-expert institution, the court itself appoints the respective person as an expert. The ruling on the appointment of the expertise and all materials necessary for conducting the expertise must be handed over to the person appointed as an expert directly by the court. When handing over the ruling, the court verifies the identity of the expert, his specialty and competence, explains to the expert his rights and duties as provided for by Article 168 of this Code, and warns the expert about the liability for refusing to give a conclusion, for avoiding giving it, or for knowingly giving a false conclusion, as provided for by the Criminal Code of Georgia. All of this is noted in the court's ruling on the appointment of the expertise, which is certified by the expert's signature.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 3 January 2008, Art. 1

Article 168. Rights and obligations of an expert🔗

1. A person appointed as an expert shall be obliged to appear in court immediately upon summons and to give an objective conclusion on the questions put to him/her.

2. If an expert fails to appear in court without a valid reason, evades giving a conclusion or knowingly gives a false conclusion, the measures provided for by the Criminal Code of Georgia shall be applied to him/her.

3. An expert has the right to refuse to give a conclusion if the materials handed over to him/her are insufficient, or if he/she does not have the appropriate knowledge to perform the assigned obligation. The expert is obliged to substantiate in detail the refusal to give a conclusion on the said grounds.

4. If, during the conduct of the expert examination, the expert ascertains circumstances of significance to the case, about which no questions had been put to him/her, the expert has the right to point out these circumstances in the conclusion.

5. In order to ascertain the circumstances related to the expert examination, the expert has the right to review the case materials, to participate in the consideration of the case, to put questions to the parties and witnesses, to take part in the inspection and examination of evidence, and also to request the court to submit additional materials to him/her.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 169. Collection of materials necessary for conducting an expert examination🔗

1. The materials necessary for conducting an expert examination shall be submitted to the court by the parties. The scope of the materials necessary for conducting the expert examination shall be determined by the court, which may take into account the opinions of both the parties and the person appointed as an expert.

2. If the examination of a witness is necessary in order to obtain the materials needed for conducting the expert examination, the court may summon and examine him/her with the participation of the expert. The parties shall be notified thereof, but their failure to appear cannot hinder the examination of the witness. A witness examined in this manner shall not be released from appearing at the court hearing and from being re-examined during the consideration of the case.

3. A record shall be drawn up on the examination of the witness, which shall be attached to the case.

4. If a party, without a valid reason, fails to comply with the expert's instructions or otherwise obstructs the conduct of the expert examination, the position of the opposing party shall be considered as substantiated.

5. If the object of the expert examination is with another person and that person performs the actions referred to in paragraph 4 of this Article, the party may apply to the court so that that person be ordered by a ruling to comply with the expert's instructions.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 170. Form and content of the expert's opinion🔗

1. The expert gives the opinion in written form. The court has the right to give the expert a proposal that he give an oral explanation to the court regarding his opinion. The oral explanation shall be entered into the record of the court session and read out to the expert, who signs it.

2. The expert's opinion must contain a written description of the examination conducted, the conclusions obtained as a result of the examination and reasoned answers to the questions posed by the court.

Article 171. Verification of the expert's opinion. Rule for putting questions to the expert🔗

1. The parties and their representatives may familiarize themselves with the expert's opinion. At their request, the expert's opinion shall be announced at the court session. The parties may express their opinion, and for the purpose of explaining and supplementing the opinion, questions may be put to the expert.

2. If the expert examination was ordered on the initiative of a party, the first to question the expert are the person who submitted the expert's opinion and his representative. The expert appointed on the initiative of the court is first questioned by the judge. The judge may put questions to the expert at any moment of his questioning.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 172. Assessment of the expert's opinion🔗

The expert's opinion is not binding on the court and its assessment is carried out in the manner established by Article 105, but the court's refusal to accept the opinion must be reasoned in the judgment or ruling rendered in the case.

Article 173. Ordering of additional and repeat expert examination🔗

1. If the expert's opinion is not complete or is unclear, the court may, on its own initiative, order an additional expert examination, if the conditions provided for by paragraph 1 of Article 162 of this Code exist.

2. If the court does not agree with the expert's opinion on the ground of its being unreasoned, and also if the opinions of several experts contradict each other, the court may, on its own initiative, order a repeat expert examination and entrust its conduct to another expert or experts, if the conditions provided for by paragraph 1 of Article 162 of this Code exist.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 174. Return of expert examination materials to the court🔗

The expert is obliged to return to the court all materials and documents used for the expert examination immediately upon completion of the expert examination, or when the court so requires, or if the expert examination is not conducted.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 175. Taking of the oath by the expert🔗

Before or after conducting the expert examination, the expert takes an oath. The content of the oath is determined by the fact that the expert conducts the expert examination in accordance with his own knowledge and conscience. If the expert has taken a general oath in connection with conducting a similar expert examination, then a reference to that oath is sufficient. It may also be referred to in the expert's opinion.

Article 176. Expert's Remuneration🔗

1. The expert's remuneration shall be determined in accordance with the procedure established by the legislation of Georgia.

2. If, in the expert's opinion, the expenses predetermined by the court will increase significantly in comparison with the value of the subject matter of the dispute, or will greatly exceed the predetermined expenses, the expert shall be obliged to notify the court thereof in a timely manner.

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 177. Initiation of a Case🔗

1. A case in the court of first instance shall be initiated by a claim, and in the cases provided for by this Code – by an application.

2. The claim (application) shall be drawn up in written form, as a rule, in printed form.

3. The claim shall comply with the requirements established by this Code and the model form approved by the High Council of Justice of Georgia, and shall be drawn up in compliance with the rules indicated in that model. The claim shall fully and consistently reflect the claimant's opinions in relation to each factual circumstance and evidence of the case.

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 – LHG I, No. 75, 27.12.2010, Art. 480

Article 178. Content of the claim🔗

1. The claim shall state:

a) the name of the court to which the claim is filed;

b) the name, surname (designation) of the claimant, his/her representative (if the claim is filed by a representative), the defendant, a witness, another person to be summoned to the hearing, the principal address (actual location), and, if any, an alternative address, the address of the place of employment, telephone number, including mobile, email address, fax. The claimant or his/her representative may also indicate in the claim the details of a contact person. If the claim is filed by a legal entity, an individual entrepreneur or a representative (except a legal representative), such person shall be obliged to indicate the email address and telephone number;

c) the subject matter of the dispute;

d) the value of the claim;

e) the specific facts and circumstances on which the claimant bases his/her requests;

f) the evidence confirming the circumstances indicated by the claimant;

g) the claimant's request;

h) the legal grounds on which the claimant bases his/her requests;

i) if any, the claimant's motions:

i.a) that the court order the defendant to submit the evidence that is held by him/her and on which the claimant bases his/her requests;

i.b) that the court give instructions to the relevant institutions to submit to the court all written or material documents and materials that can confirm the circumstances indicated in the claim and the issuance of which was unlawfully refused to the claimant;

i.c) that the court promptly notify and summon to the court hearing the witnesses who can confirm the circumstances indicated in the claim;

i.d) who may be joined to the proceedings as a co-participant or a third party;

i.e) other types of motions;

j) the list of documents attached to the claim;

k) the legal interest provided for by Article 180 of this Code, if a declaratory claim is filed;

l) the claimant's opinion on the consideration of the case without an oral hearing;

m) the claimant's opinion on the consideration of the dispute through court mediation.

1¹. The claim may also indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and, on a similar legal issue, the precedents of the European Court of Human Rights which, in the claimant's opinion, substantiate the merits of his/her request.

2. A document confirming the representative's authority shall be attached to the claim, if the claim is filed with the court by a representative.

2¹. A document confirming payment of the state fee (original) shall be attached to the claim.

3. The claimant shall be obliged to attach to the claim all the evidence indicated therein. If the claimant, for a valid reason, cannot submit the evidence together with the claim, he/she shall be obliged to indicate this in the claim. The claimant is entitled to request a reasonable time limit for the submission of evidence.

3¹. As many copies of the claim and the attached documents as there are defendants shall be submitted to the court.

4. The claimant, his/her representative (if the claim is filed by a representative) shall be obliged to indicate precisely in the claim the addresses of himself/herself, the defendant, the witness, as well as of other persons to be summoned to the hearing.

5. The claim shall be signed by the claimant or his/her authorised representative, and in the cases provided for by this Code — also by a special claimant.

Law of Georgia No. 3435 of 13 July 2006 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 5667 of 28 December 2011 – website, 30.12.2011

Law of Georgia No. 4955 of 18 September 2019 – website, 27.09.2019

Law of Georgia No. 6839 of 14 July 2020 – website, 28.07.2020

Law of Georgia No. 1919 of 18 October 2022 – website, 24.10.2022

Article 179. (Removed)🔗

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 4037 of 15 December 2010 - LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia No. 5667 of 28 December 2011 – website, 30.12.2011

Article 180. Declaratory action🔗

An action may be brought to establish the existence or non-existence of a right or legal relations, to recognise the authenticity of documents or to establish the falsity of documents, if the claimant has a legal interest that such recognition be made by a court judgment.

Article 181. Action for the future performance of obligations🔗

An action for the future performance of obligations shall be admissible if:

a) the claim is not dependent on the counter-performance of the obligation and the date of its performance is linked to the occurrence of a calendar day;

b) under the circumstances, there is justified apprehension that the debtor will evade the timely performance of the obligation.

Article 182. Joinder and separation of several claims🔗

1. The claimant may join in one claim several claims cognizable by this court against the same defendant, regardless of whether these claims are based on the same grounds or not.

2. The judge receiving the statement of claim may separate one or several claims from the joined claims into separate proceedings, if he/she finds that separate examination of the claims is more expedient.

3. When accepting claims filed by several claimants or against several defendants, the judge receiving the statement of claim may separate one or several claims into separate proceedings, if he/she finds that separate consideration of the claims is more expedient.

4. If there are several homogeneous and legally interrelated cases in the court's proceedings, in which the same or different parties participate, the court may, on its own initiative or upon a party's motion, join these cases into one proceeding for joint examination, if such joinder results in faster and more correct examination of the dispute. The judge to whom a motion for joinder of cases is addressed shall join to the case in his/her own proceedings a case pending in his/her own proceedings or in another judge's proceedings, on which he/she issues a reasoned ruling.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 183. Registration of a claim (application)🔗

When a claim (application) is filed with a court, the court's chancellery shall register the claim (application) and, if the claim (application) is filed by a legal entity, an individual entrepreneur, a lawyer or a representative (except a legal representative), or if the claim (application) is filed against a legal entity, shall hand to the claimant (representative) a dispatch (copies of the claim (application) and the attached documents) for delivery to the defendant. A claim (application) shall not be registered if it does not meet the following formal (and not substantive) requirements:

a) it is not filed in the form approved by the High Council of Justice of Georgia;

b) its form does not indicate the details provided for by subparagraphs „a“–„d“, „g“, „j“, „l“ and/or „m“ of paragraph 1 of Article 178 of this Code;

c) the document (original) confirming payment of the state fee is not attached (except where the motions section indicates a motion for exemption from payment of the state fee, deferral of its payment or reduction of its amount);

d) not all the documents indicated in the list of attached documents are attached;

e) the document confirming the authority of the representative is not attached, if the claim (application) is filed by a representative;

f) it is not signed;

g) as many copies of the claim (application) and the attached documents are not submitted as there are defendants.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Article 184. Delivery to the defendant of copies of the claim (application) and the attached documents🔗

1. The persons provided for by Article 183 of this Code shall, not earlier than 5 and not later than 14 days after the transfer of the claim (application) to the judge, be sent a notification to the telephone numbers and/or e-mail addresses indicated by them, or shall be notified, as a result of appearing in court, of the refusal to accept the claim (application) or of the delivery by them to the defendant of the court communication (copies of the claim (application) and the attached documents).

2. The time limit for appealing a ruling on refusal to accept a claim (application) shall begin to run from the delivery of the ruling to the claimant, and in the event of non-delivery − from the second day after the expiry of the time limit provided for by paragraph 1 of this Article.

3. In the case provided for by paragraph 1 of this Article, the claimant shall be obliged to ensure delivery to the defendant of the court communication by post, by court courier, or by a different procedure of delivery provided for by agreement of the parties, or its sending by e-mail, in compliance with the rules established by Articles 70−78 of this Code, within 2 months from the transfer of the communication to it. Delivery of a court communication sent by e-mail shall be confirmed by a confirmation provided by the addressee by electronic means.

4. If the whereabouts of the defendant are unknown or delivery of the court communication to him cannot be effected otherwise, the court shall be entitled, on the basis of an application by the claimant, to issue a ruling on public dissemination of the court communication.

5. The rules established by paragraphs 1−4 of this Article shall not apply to the persons provided for by Article 46 of this Code, as well as to persons in detention who have no representative. In this case, the sending and delivery to the defendant of the court communication (copies of the claim (application) and the attached documents) shall be ensured by the court in compliance with the rules established by Articles 70–78 of this Code.

6. The rules established by paragraphs 1−4 of this Article may apply to the persons provided for by paragraph 5 of this Article only with their consent.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2011 No. 5667– website, 30.12.2011

Law of Georgia of 8 May 2012 No. 6144 – website, 25.05.2012

Article 185. (Removed)🔗

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 28 December 2011 No. 5667– website, 30.12.2011

Article 186. Refusal to Accept a Claim🔗

1. A judge shall not accept a claim within 5 days of the delivery of the claim if:

a) the claim does not fall within the jurisdiction of the courts;

b) there is a court judgment or ruling approving the claimant's withdrawal of the claim, the defendant's acknowledgement of the claim, or the parties' settlement;

b¹) there is an act of settlement certified in notarial form within the framework of notarial mediation;

b²) there is an order of the Chairperson of the National Enforcement Bureau — a legal entity of public law within the governance sphere of the Ministry of Justice of Georgia — on the recovery of a debt or on the approval of settlement terms, in connection with the same case;

b³) there is an agreement between the parties on mediation, by which the parties agree not to apply to the court until the occurrence of a specified term or circumstance, — until the fulfilment of the conditions provided for by this agreement, except where the claimant confirms that he/she will suffer irreparable damage without court proceedings;

c) a case is pending before this or another court on a dispute between the same parties, on the same subject matter and on the same grounds;

d) (removed - 18.03.2015, No. 3220);

d¹) (removed - 19.02.2015, No. 3096);

e) the case is not within the cognizance of this court;

f) (removed - 20.03.2015, No. 3340);

g) a claim in the name of an interested person was filed by a person who does not have the authority to conduct the case;

h) (removed - 30.06.2023, No. 3447);

i) there is a case defined by paragraph 3 of Article 363⁵⁰ of this Code, except for the exceptions provided for by paragraph 4 of the same Article.

1¹. If a claim is filed in violation of the requirements of Article 178 of this Code (except for violation of the requirements of subparagraphs „h“ and „i“ of paragraph 1 of the same Article and of paragraph 3 (if the claimant has indicated a valid reason for the failure to submit evidence)) and/or in the absence of grounds for exempting the claimant from payment of the state fee, deferring its payment or reducing its amount, and the original of the document confirming payment of the state fee is not attached to the claim, the court:

a) shall accept the claim if the said violation is not material. A violation is not material if it can be remedied by giving the claimant such a court instruction as does not prevent the delivery to the defendant of copies of the claim and the attached documents;

b) shall issue a reasoned ruling on refusal to accept the claim if the said violation is material. A violation is material if it cannot be remedied by giving the claimant such a court instruction as does not prevent the delivery to the defendant of copies of the claim and the attached documents.

1². In the case provided for by subparagraph „a“ of paragraph 1¹ of this Article, the court shall give the claimant a court order on the correction of all relevant violations. The said court order shall be communicated to the claimant together with the acceptance of the claim or at the stage of preparation of the case, in accordance with the procedure established by Articles 70–78 of this Code. This court order shall not be appealed. The time limit for correction of the said violation is 10 days. Extension or restoration of this time limit shall not be permitted. In the event of complete failure by the claimant to fulfil the court order within the said time limit, the court is entitled to issue a ruling on leaving the claim unexamined.

2. Refusal by a judge to accept a claim on the grounds provided for by subparagraphs „e“, „g“ and „h“ of paragraph 1 of this Article does not prevent a person from applying again to the court with the same claim if the committed violation is eliminated.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 28 December 2011 No. 5665 - website, 11.01.2012

Law of Georgia of 16 March 2012 No. 5851 – website, 23.03.2012

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Judgment of the Constitutional Court of Georgia of 3 February 2023 No. 2/1/1481 – website, 07.02.2023

Law of Georgia of 30 June 2023 No. 3447 – website, 30.06.2023

Law of Georgia of 15 December 2023 No. 3947 – website, 25.12.2023

Article 187. Ruling on refusal to accept a claim🔗

1. A judge shall issue a reasoned ruling on refusal to accept a claim. Such ruling shall indicate all grounds for refusal to accept the claim. If the ground for refusal to accept the claim is that the case is not within the jurisdiction of this court, the judge shall be obliged to indicate in his/her ruling to which court the claimant should apply. The ruling shall also indicate how the circumstances impeding the institution of the case are to be avoided. In the event of a repeated application to the court with the same claim, refusal to accept the claim on a ground that was not indicated in the ruling on refusal to accept the claim shall be inadmissible, except where such ground arose/manifested after the issuance of the said ruling.

2. The judge's ruling on refusal to accept the claim shall be served on the claimant, to whom the documents submitted by him/her shall be returned at the same time. If the ground for refusal to accept the claim is revealed after the acceptance of this claim for proceedings, then, depending on the nature of that ground, the court shall terminate the proceedings or leave the claim unexamined (Articles 272 and 275 of this Code). In the case of leaving the claim unexamined before the scheduling of the main hearing, 70 per cent of the state fee paid by the claimant shall be returned to the claimant, whereas in the case of leaving the claim unexamined when it is considered at the main hearing of the case, the state fee shall not be returned to the claimant.

3. A private complaint may be filed against a ruling on refusal to accept a claim.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 30 June 2023 No. 3447 – website, 30.06.2023

Article 187¹. Court mediation🔗

1. After the submission of a claim to the court, a case subject to court mediation may, by agreement of the parties to the dispute, be transferred to a mediator for the purpose of its resolution.

2. A ruling on the transfer of a case to a mediator shall not be subject to appeal.

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Article 187². Norms applicable to cases subject to court mediation🔗

The rules established by the Law of Georgia on Mediation shall apply to cases subject to court mediation, taking into account the peculiarities of this Code.

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Article 187³. Disputes subject to court mediation🔗

1. Court mediation may extend to:

a) family law disputes, except disputes related to adoption, declaration of adoption as invalid, annulment of adoption, restriction of parental rights, deprivation of parental rights, as well as violence against women and/or domestic violence;

b) inheritance law disputes;

c) neighbourhood law disputes;

c¹) labour law disputes, except a collective dispute provided for by the Organic Law of Georgia "Labour Code of Georgia";

c²) disputes related to the realisation of the right of joint ownership;

c³) property disputes, if the value of the subject matter of the dispute does not exceed GEL 20,000;

c⁴) disputes arising from loan contracts concluded by Georgian banking institutions, microfinance organisations and non-bank deposit institutions (including loan contracts concluded in electronic form), if the value of the subject matter of the dispute does not exceed GEL 10,000;

c⁵) non-property disputes;

d) any other dispute − upon the consent of the parties.

2. In the case provided for by subparagraph "d" of the first paragraph of this Article, the dispute may be referred to a mediator at any stage of the consideration of the case.

3. In the cases provided for by subparagraphs "a"−"c5" of the first paragraph of this Article, the judge shall assess the circumstances of the relevant case in advance and, without the consent of the parties, and if in the same dispute the possibility of private mediation was used and it ended without success − with the consent of the parties, shall take a decision on referring the dispute to a mediator.

Law of Georgia No. 5550 of 20 December 2011 – website, 28.12.2011.

Law of Georgia No. 753 of 4 May 2017 - website, 24.05.2017.

Law of Georgia No. 767 of 4 May 2017 - website, 25.05.2017.

Law of Georgia No. 4955 of 18 September 2019 – website, 27.09.2019.

Article 187⁴. Recusal of a mediator🔗

Recusal of a mediator shall be permissible on the ground provided for by the first paragraph of Article 31 of this Code.

Law of Georgia No. 5550 of 20 December 2011 – website, 28.12.2011.

Article 187⁵. Time limit for court mediation🔗

1. The time limit for court mediation is 45 days, during which at least 2 meetings shall be held. The running of this time limit begins from the moment of distribution of the case to the mediator.

2. The time limit provided for by the first paragraph of this Article may be extended by the agreement of the parties for the same period.

Law of Georgia No. 5550 of 20 December 2011 – website, 28.12.2011.

Law of Georgia No. 1159 of 9 December 2025 - website, 12.12.2025.

Article 187⁶. Consequences of the non-appearance of the parties for participation in the court mediation process🔗

1. The parties shall be obliged to appear at the time and place designated by the mediator for participation in the court mediation process.

2. In the event of the non-appearance of a party, without a valid reason, at the meeting designated by the mediator in the court mediation process in accordance with paragraph 1 of Article 187⁵ of this Code, there shall be imposed on it the full coverage of court costs, regardless of the outcome with which the consideration of the case in court is completed, and a fine in the amount of 150 GEL.

3. In the event of the completion of the dispute in the court mediation process by agreement of the parties, the party shall not be imposed the fine provided for by paragraph 2 of this Article.

4. Paragraph 2 of this Article shall not apply if, during the consideration of the case in court, the dispute between the parties was completed by settlement.

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011.

Article 187⁷. Completion of the court mediation process🔗

1. (Removed - 09.12.2025, No. 1159).

2. If the dispute was not completed by agreement of the parties within the time limit established by law for court mediation, the claimant may apply to the court with a request for the renewal of the proceedings.

3. If, within 10 days after the expiry of the time limit established by law for court mediation, in accordance with paragraph 2 of this Article, neither party applies to the court with a request for the renewal of the proceedings, the court shall issue a ruling on leaving the claim unconsidered.

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Law of Georgia of 9 December 2025 No. 1159 - website, 12.12.2025.

Article 187⁸. (Removed)🔗

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Article 187⁹. (Removed)🔗

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Article 188. Filing of a counterclaim🔗

1. The defendant shall be entitled, from the day of the delivery to it of a copy of the claim until the completion of the preliminary preparation for the oral consideration of the case, to file a counterclaim against the claimant for consideration together with the original claim.

2. After the expiry of this time limit, the defendant may file a counterclaim before the commencement of the court hearing, if the submission of the counterclaim before the completion of the preliminary preparation for the oral consideration of the case could not take place for a valid reason. The circumstances indicated in paragraph 3 of Article 215 of this Code shall be considered a valid reason.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 189. Conditions for accepting a counterclaim🔗

1. A counterclaim may be filed in compliance with the rules existing for filing a claim.

2. The judge shall accept a counterclaim if:

a) the request of the counterclaim is aimed at set-off against the original claim;

b) satisfaction of the counterclaim wholly or partially excludes the possibility of satisfaction of the original claim;

c) there is an interconnection between the counterclaim and the original claim and, as a result of their joint consideration, the dispute raised will be resolved more quickly and correctly.

3. As a result of the joint consideration of the original and the counterclaim, the court shall deliver a joint judgment, except in the cases provided for by paragraph 2 of Article 245.

Article 190. Postponement of the consideration of a case due to the filing of a counterclaim🔗

1. If a counterclaim is filed and accepted after the completion of the preliminary preparation of the case, the consideration of this case may be postponed to another time at the request of the claimant or on the initiative of the court.

2. The costs caused by the postponement of the consideration of the case shall be imposed on the defendant who filed the counterclaim late.

Article 191. Application for securing a claim🔗

1. The claimant may apply to the court with an application for securing a claim, which must indicate the circumstances due to which the failure to apply a measure for securing the claim will make it difficult or impossible to enforce the judgment, to exercise the violated or disputed right, will cause irreparable and direct damage or damage that cannot be compensated by imposing compensation for damage on the defendant. This application must also contain reasoning as to which measure for securing the claim the claimant considers necessary to apply. In the presence of any of the above circumstances, the court issues a ruling on securing the claim. The application of a measure for securing the claim is based on the court's presumption that the claim may be satisfied. The court's reasoning on the substantive and procedural preconditions of the claim does not affect the court's final judgment.

2. The application by which a person requests the imposition of attachment on immovable property must be accompanied by a certificate from the public registry or the relevant document confirming the defendant's ownership right to the immovable property.

3. If the application for securing the claim is not accompanied by the certificate from the public registry or the relevant document provided for by paragraph 2 of this Article, or the state fee has not been paid, the court issues a ruling on the defect and gives the applicant a time limit for remedying it. If the defect is not remedied within the appointed time limit, the court, by its ruling, leaves the application unexamined, which may be appealed by a complaint.

4. The measures for securing a claim provided for by this Chapter do not apply to financial collateral (the object of financial collateral) provided for by the Law of Georgia "On Financial Collateral, Netting and Derivatives" and to the settlement account of a system participant provided for by the Law of Georgia "On Payment System and Payment Services".

4¹. The measures for securing a claim provided for by this Chapter do not apply to assets included in the pool of collateral assets defined by subparagraph "b" of paragraph 1 of Article 2 of the Law of Georgia "On Mortgage Covered Bonds", except where the application of a measure for securing a claim is requested on the basis of a disputed claim of a programme creditor provided for by the same Law.

5. The measures for securing a claim provided for by this Chapter do not apply to the prize fund defined by subparagraph "j" of Article 3 of the Law of Georgia "On Lotteries, Gambling and Profitable Games".

6. The measures for securing a claim provided for by this Chapter do not apply to the separate account belonging to the centre provided for by paragraph 8 of Article 9 of the Law of Georgia "On Compulsory Insurance of Civil Liability of Owners of Motor Vehicles Registered in a Foreign State and Moving on the Territory of Georgia".

7. The measures for securing a claim provided for by this Chapter shall not apply to the client account belonging to an insurance broker as provided for by paragraph 4 of Article 161 of the Law of Georgia “On Insurance”.

7¹. The measures for securing a claim provided for by this Chapter shall not apply to the pension assets provided for by paragraph 4² of Article 21 of the Law of Georgia “On Enforcement Proceedings”, if the application of a securing measure is requested on the basis of a disputed claim existing against the respective entity defined by the relevant law indicated in the same paragraph.

7². The measures for securing a claim defined by this Chapter shall not apply to the assets provided for by paragraph 4 of Article 21 of the Law of Georgia “On Enforcement Proceedings”, if the application of a securing measure is requested on the basis of a disputed claim existing against the entity indicated in the same paragraph.

7³. The measures for securing a claim provided for by this Chapter shall not apply to the assets of a special purpose entity for securitization or of its subdivision as defined by the Law of Georgia “On Transformation into Securities” in the case provided for by paragraph 4 of Article 22 of the same Law.

8. On the basis of an application by the National Bank of Georgia, the measures for securing a claim provided for by this Chapter shall not be applied, and the applied measures for securing a claim shall be suspended, in respect of a commercial bank in resolution regime, in accordance with the Organic Law of Georgia “On the National Bank of Georgia” and the Law of Georgia “On the Activities of Commercial Banks”, for the period defined in the application of the National Bank of Georgia, which shall not exceed 90 days. The judge shall issue a ruling within 1 day from the application of the National Bank of Georgia. If the resolution regime ends earlier than the period defined in the ruling, the National Bank of Georgia shall be obliged to notify the court thereof, and the court shall revoke the effect of the ruling on suspension.

Law of Georgia of 30 June 2005 No. 1827 - LHG I, No. 38, 15.07.2005, Art. 256

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 25 May 2012 No. 6313 – website, 12.06.2012

Law of Georgia of 1¹ December 2015 No. 4626 - website, 29.12.2015

Law of Georgia of 24 June 2016 No. 5594 - website, 07.07.2016

Law of Georgia of 1 December 2017 No. 1414 - website, 08.12.2017

Law of Georgia of 15 December 2017 No. 1777 – website, 28.12.2017

Law of Georgia of 3 September 2019 No. 4940 - website, 09.09.2019

Law of Georgia of 20 December 2019 No. 5659 – website, 31.12.2019

Law of Georgia of 20 December 2019 No. 5679 – website, 31.12.2019

Law of Georgia of 29 November 2022 No. 2116 – website, 16.12.2022

Law of Georgia of 28 June 2023 No. 3352 – website, 19.07.2023

Law of Georgia No. 3727 of 16 November 2023 – website, 07.12.2023.

Law of Georgia No. 3943 of 15 December 2023 – website, 27.12.2023.

Article 192. Application for securing a claim to the court before filing the claim🔗

1. An application for securing a claim may, in an urgent case, be submitted to the court before the claim is filed.

2. If the court grants the application provided for by paragraph 1 of this Article, the claim shall be filed with the court within 10 days from the adoption of the ruling. If within this period the person submitting the application for securing a claim does not file a claim, the court, on its own initiative or on the basis of a motion of the opposing party, shall issue a ruling on the cancellation of the measures taken by it to secure the claim.

Law of Georgia No. 2360 of 20 December 2005 - LHG I, No. 55, 27.12.2005, Art. 376

Law of Georgia No. 3435 of 13 July 2006 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 193. Procedure for consideration of the application🔗

The court hearing this claim shall decide on the application for securing the claim within one day from the submission of the application, without notifying the defendant.

(The normative content of Article 193 that excludes the consideration, with the summoning of the defendant party, of an application for a prohibition of the right to strike was declared invalid) - Judgment of the Constitutional Court of Georgia No. 1/7/1462 of 8 October 2025 – website, 10.10.2025.

Law of Georgia No. 3435 of 13 July 2006 - LHG I, No. 32, 31.07.2006, Art. 243

Judgment of the Constitutional Court of Georgia No. 1/7/1462 of 8 October 2025 – website, 10.10.2025.

Article 194. Ruling on securing a claim🔗

1. The court issues a ruling on securing a claim, which must meet the requirements provided by Article 285 of this Code and which must indicate which specific measure of securing the court has selected. The ruling on securing a claim must also indicate the value of the secured claim.

2. The defendant may file a complaint against a ruling issued to secure a claim, which must contain:

a) the exact title of the ruling issued to secure the claim;

b) an indication of the extent to which the ruling on securing should be revoked or amended;

c) the circumstances by reason of which the ruling on securing should be revoked or amended.

3. The time limit for appealing a court ruling on securing a claim is 5 days. This time limit may not be extended and its running begins from the moment the ruling on securing the claim is served on the defendant.

4. Filing a complaint cannot suspend the enforcement of the ruling on securing, but the court may suspend enforcement for a certain time or revoke the measures already taken for securing.

5. If the application for securing a claim is not granted, the court issues a ruling on refusal to secure the claim. If the court is applied to again on the same subject and on the same grounds, a ruling is issued on leaving the application unexamined, which is appealable by complaint.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 30 June 2005 No. 1827 - LHG I, No. 38, 15.07.2005, Art. 256

Law of Georgia of 20 December 2005 No. 2360 - LHG I, No. 55, 27.12.2005, Art. 376

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 24 June 2016 No. 5594 - website, 07.07.2016

Article 195. Enforcement of a ruling on securing a claim🔗

Enforcement of a court ruling on securing a claim is carried out immediately, in the manner established for the enforcement of a court judgment.

Article 196. Replacement of one type of securing a claim with another🔗

1. At the request of the parties, the replacement of one type of securing a claim with another shall be permissible.

2. Consideration of the issue of the replacement of one type of securing a claim with another shall be permissible at any stage of the case. The issue of the replacement of one type of securing a claim with another shall be considered without an oral hearing. The court may also order an oral hearing if this is necessary and facilitates the clarification of the circumstances of the case. In the case of an oral hearing, the parties shall be notified of the time and place of the hearing, but their failure to appear cannot hinder the consideration and resolution of the issue by the court.

3. When securing a claim for the payment of monetary amounts, the defendant may, instead of the security measures imposed, deposit the amount claimed by the claimant into the court's deposit account.

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Article 196¹. Replacement of the subject matter of securing a claim and separation of attached property🔗

1. The value of the attached property shall not substantially exceed the value of the claim, except where the defendant is the owner of a single item. In such a case, the defendant may, for the purpose of replacing the subject matter of securing the claim, offer the court other property equal in value to the claim.

2. The defendant may also apply to the court with an application on granting consent to the separation (division in kind) of the attached property.

3. The court shall consider the issue of the replacement of the subject matter of securing and of granting consent to the separation (division in kind) of the attached property within 5 days from the submission of the application, with an oral hearing or without an oral hearing. In the case of scheduling an oral hearing, the parties shall be notified of the time and place of the court hearing, but their failure to appear cannot hinder the consideration and resolution by the court of the said issue within the time limit established by this Article.

4. If the court determines that the separation of the attached property is possible and the property obtained as a result of the separation is sufficient to secure the claim, it shall issue a ruling on granting consent to the separation of the attached property.

5. If the attachment of the defendant's property is subject to registration, the value of the secured claim shall be indicated in the registration data.

Law of Georgia of 24 June 2016 No. 5594 - website, 07.07.2016.

Article 197. Appeal against a ruling on securing a claim🔗

1. An appeal may be filed against a ruling on refusal to secure a claim, on cancellation of securing a claim, on replacement of one type of securing a claim with another, on change of the subject matter of securing a claim, or on consent to separation of the attached property. The time limit for appealing a ruling is 5 days. This time limit may not be extended, and its running begins from the moment the ruling on securing a claim is served on the party.

2. Filing an appeal against a ruling issued on cancellation of securing a claim or on replacement of one type of securing a claim with another shall suspend enforcement of that ruling.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 24 June 2016 No. 5594 - website, 07.07.2016

Article 197¹. Acceptance and consideration of an appeal by the court, transmission of the appeal and case materials to a higher court🔗

1. The court shall accept an appeal for proceedings in accordance with the rules provided by this Code for the court of the respective instance.

2. If the court considers the appeal admissible and substantiated, it shall grant it. Otherwise, the appeal, together with the case materials, shall be sent to the higher court on the basis of a court ruling within 5 days from the adoption of the ruling. Only the court ruling shall be sent to the appellate court together with certified copies of the case or electronic case materials, while the originals of the case materials shall remain in the court and the court shall continue consideration of the case under the general procedure.

3. The time limit for consideration of the appeal and delivery of a judgment shall not exceed 20 days from its acceptance for proceedings.

4. In the higher instance court, the appeal shall be considered under the rules established by Articles 419 and 420 of this Code.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 7 March 2018 No. 2035 - website, 29.03.2018

Article 198. Measures for securing a claim🔗

1. The court decides the question of which measure for securing a claim is to be applied, in accordance with the claimant's application.

2. Measures for securing a claim may be:

a) attachment of property, securities or funds that belong to the defendant and are held by him or another person;

b) prohibition on the defendant from performing a certain action;

c) obliging the defendant to transfer the thing in his possession to the enforcement officer by way of sequestration (forced management of property);

(the normative content of subparagraph “c” of paragraph 2 of Article 198 that provides for the application of a measure for securing a claim/judgment under conditions where the benefit protected as a result of this measure does not exceed the damage caused to the opposing party as a result of the application of the securing measure was declared invalid) - Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 - website, 11 October 2016.

(the normative content of subparagraph “c” of paragraph 2 of Article 198 that permits granting a temporary manager the authority to determine the editorial policy of a mass media outlet was declared invalid) - Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 - website, 11 October 2016.

d) prohibition for other persons to transfer property to the defendant or to perform any obligation towards him;

e) in the case of filing a claim for release of property from attachment, suspension of the sale of the property, except for the case provided for by Article 70 of the Law of Georgia “On Enforcement Proceedings”;

f) suspension of the operation of a disputed act of a state authority body, municipal body, organization or official;

g) (repealed);

h) (repealed);

i) suspension of the enforcement of an enforcement document in cases that are initiated on the basis of the Law of Georgia “On Relations Arising from the Use of Residential Premises” or in which an application for renewal of proceedings has been filed;

j) suspension of powers in a case initiated by a claim for deprivation of a partner of a general partnership or a limited partnership of representative powers and/or management powers.

3. The court may also apply other measures, if this is necessary for securing the claim. Where necessary, several types of securing of the claim may be permitted. (The normative content of the first sentence of paragraph 3 of Article 198, which provides for the application of a measure for securing a claim/judgment under the conditions where the benefit protected as a result of this measure does not exceed the damage caused to the opposing party as a result of the application of the securing measure, was declared invalid) – Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 – website, 11.10.2016.

(The normative content of the first sentence of paragraph 3 of Article 198, which permits granting to a temporary manager the authority to determine the editorial policy of a mass media outlet, was declared invalid) – Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 – website, 11.10.2016.

4. The liquidator of a commercial bank, the special manager or the liquidator of a payment service provider or of a microbank is entitled to transfer the attached accounts to another commercial bank, another payment service provider, another microbank and/or the National Bank of Georgia in accordance with the Law of Georgia on the Activities of Commercial Banks, the Law of Georgia on the Payment System and Payment Services and the Law of Georgia on the Activities of Microbanks.

5. In the cases provided for by the Law of Georgia on Holding Dematerialized Securities, the Law of Georgia on the Securities Market, the Law of Georgia on Investment Funds, the Law of Georgia on the Activities of Commercial Banks and the Law of Georgia on the Activities of Microbanks, the liquidator or the special manager is entitled to transfer the attached securities accounts without change to another account operator or to a financial institution with the relevant authority.

Law of Georgia of 30 June 2005 No. 1827 – LHG I, No. 38, 15.07.2005, Art. 256

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 11 July 2007 No. 5291 – LHG I, No. 29, 27.07.2007, Art. 331

Law of Georgia of 15 July 2008 No. 212 – LHG I, No. 17, 28.07.2008, Art. 128

Law of Georgia of 24 September 2009 No. 1701 – LHG I, No. 29, 12.10.2009, Art. 184

Law of Georgia of 15 December 2010 No. 4075 – LHG I, No. 76, 29.12.2010, Art. 505

Record of proceedings of the organizational session of the Constitutional Court of Georgia of 13 November 2015 No. 1/7/681 – website, 26.11.2015.

Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 – website, 11.10.2016.

Law of Georgia of 23 December 2017 No. 1900 – website, 11.01.2018.

Law of Georgia of 20 December 2019 No. 5659 – website, 31.12.2019.

Law of Georgia No. 6988 of 15 July 2020 – website, 28 July 2020

Law of Georgia No. 888 of 2 August 2021 – website, 4 August 2021

Law of Georgia No. 1807 of 9 September 2022 – website, 23 September 2022

Law of Georgia No. 2621 of 22 February 2023 – website, 10 March 2023

Law of Georgia No. 3727 of 16 November 2023 – website, 7 December 2023

Article 199. Compensation for damage caused by securing a claim🔗

1. If the court considers that the application of a measure for securing a claim may cause damage to the defendant, it may apply the measure for securing the claim and at the same time require the person who applied to the court for securing the claim to secure compensation for the damage expected to the other party. The court may also apply a security guarantee on the basis of an application by the opposing party.

2. In the case provided for by paragraph 1 of this Article, the person who applied to the court for securing the claim shall be obliged to secure compensation for the damage expected to the defendant within the time limit determined by the court, which shall not exceed 30 days. Otherwise, the court shall immediately issue a ruling on the cancellation of the measure for securing the claim, which is subject to appeal by way of a complaint. The time limit for appealing the ruling is 5 days. Extension of this time limit is inadmissible.

3. If the measure applied to secure the claim proved unjustified because the claimant waived the claim and the judgment entered into legal force, or because the court, in accordance with paragraph 2 of Article 192 or paragraph 2 of Article 363³⁰ of this Code, cancelled the measure for securing the claim, then the party in whose favour the securing was effected shall be obliged to compensate the other party for the damage caused to it as a result of the measure applied to secure the claim.

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 227

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31 July 2006, Art. 243

Decision of the Constitutional Court of Georgia No. 2/6/746 of 1 December 2017 – website, 5 December 2017

Law of Georgia No. 2115 of 4 April 2018 – website, 16 April 2018

Law of Georgia No. 4955 of 18 September 2019 – website, 27 September 2019

Article 199¹. Cancellation of a measure of securing by a court judgment🔗

In the event of refusal to accept a claim, refusal to satisfy a claim, leaving a claim unexamined, or termination of proceedings, the court shall, by its judgment (ruling), cancel the measure of securing applied in connection with that claim, which is subject to appeal in accordance with the procedure established by law for appealing that judgment (ruling). In the event of settlement of the parties, the court shall cancel the measure of securing, unless the parties agree otherwise.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31 July 2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 200. Purpose of preparation of a case🔗

1. If, after acceptance of the claim (application), the case is to be examined by a judge, the case shall be prepared by the judge, and if, in the cases provided for by this Code, the case is to be examined by a collegial court, then the case shall be prepared by one of the members of that court, in order to expedite its examination and to make it possible to complete the examination in one court hearing and to decide the case correctly.

2. On the instruction of the judge, the case may be prepared for court hearing by the judge's assistant.

Article 201. Defendant's response (objection)🔗

1. After receiving copies of the claim and the attached documents, the defendant shall, within the time limit determined by the court, submit to the court his response (objection) to the claim and to the issues raised therein, as well as his opinions on the documents attached to the claim and a document confirming the sending to the claimant of copies of the response (objection) and the attached documents. The time limit determined by the court shall not exceed 14 days, and in complex category cases – 21 days. Extension of this time limit is inadmissible, except where there is a valid reason. The response (objection) must meet the requirements established by paragraphs 2 and 3 of Article 177 of this Code.

2. The defendant's written response shall indicate:

a) the name of the court to which he submits the response;

b) the name, surname (designation), principal address (actual location) of the defendant, his representative (if the response (objection) is submitted by a representative), a witness, another person to be summoned to the hearing, as well as, if any, an alternative address, work address, telephone number, including mobile, email address, fax. In the response (objection), the defendant or his representative may also indicate the data of the contact person. If the defendant is a legal entity or an individual entrepreneur − the defendant himself, and if he has a representative (except a legal representative) − his representative shall indicate the email address and telephone number;

c) whether the defendant admits the claim and in what part;

d) if the defendant does not admit the claim, what specific facts and circumstances his objection against the claim is based on;

e) the evidence confirming the circumstances indicated by the defendant;

f) by what procedural means the defendant intends to defend himself against the claim, in particular, whether he intends to file a counterclaim, whether he denies the admissibility of the claim;

g) if any, the defendant's motions:

g.a) whether there will be a challenge to the court or the judge, etc.;

g.b) who may join the proceedings as a co-participant or a third person;

g.c) which witness should be summoned to the court hearing;

g.d) other types of motions;

h) the list of documents attached to the response;

i) the defendant's opinion on the consideration of the case without an oral hearing;

j) the defendant's opinion on the consideration of the dispute through court mediation.

2¹. The defendant's written response may also indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue, on which the defendant's position is based.

3. The response shall be accompanied by a document confirming the representative's authority, if the response is submitted to the court by a representative.

4. The response (reply) shall fully and consistently reflect the defendant's opinions in relation to each factual circumstance and item of evidence indicated in the claim. If the defendant does not agree with any circumstance adduced in the claim, he/she shall indicate the reason for this and substantiate it with the relevant argumentation; otherwise he/she is deprived of the right to perform such action during the consideration of the case on the merits.

5. The defendant shall attach to the response all the evidence indicated therein. If the defendant is unable, for a valid reason, to submit the evidence together with the response, he/she shall indicate this in the response. Otherwise, the defendant is deprived of the right to submit evidence subsequently. The defendant is entitled to request a reasonable time limit for the submission of evidence.

6. (Removed – 28.12.2011, No. 5667).

7. In the event of failure to submit the reply within the time limit determined by the court for an invalid reason, the judge shall issue a default judgment in accordance with the procedure established by Chapter XXVI of this Code.

8. When submitting the response, the defendant may state that he/she agrees to receive written materials by e-mail. In such a case, the court, as a rule, sends the materials to the defendant by e-mail.

9. The response shall be signed by the defendant or his/her authorised representative.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022

Article 202. (Removed)🔗

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Article 203. Action performed by a judge for the purpose of preparing a case🔗

1. In order to prepare a case for examination at the main court hearing, a judge may:

a) instruct the parties to supplement, and where necessary to clarify, the written materials submitted by them, and propose that they present things or documents of significance to the case;

b) at the request of the parties, request evidence from various institutions or citizens, which the parties themselves were unable to obtain;

c) decide the issue of the admission of third persons and co-participants to the court proceedings;

d) examine evidence where this would be difficult during the examination of the case on the merits in court or would protract the examination of the case;

e) conduct an on-site inspection;

f) issue court commissions;

g) effect the securing of the claim;

h) order an expert examination and decide the issue of summoning an expert;

i) decide the issue of summoning a specialist;

j) summon witnesses, as well as experts and specialists, for the day of the court hearing.

2. A judge may also perform other actions that will facilitate the preparation of the case for examination at the main court hearing.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 204. Summoning of a specialist🔗

1. When performing a particular procedural action (on-site inspection, questioning of witnesses, securing of evidence, drawing up of plans and calculations, etc.), the court may summon a specialist.

1¹. A specialist may be summoned from the relevant institution. In this case, the head of the institution shall issue an order as to which of the employees of that institution is to be sent as a specialist, and shall notify the court thereof.

2. A person summoned as a specialist shall appear in court, provide consultation to it and render technical assistance to it.

3. The oral consultation of a specialist shall be entered in the minutes of the court hearing, while his or her written answers shall be attached to the case.

Law of Georgia No. 597 of 25 November 2004 – LHG I, No. 37, 16.12.2004, Art. 173

Article 205. Scheduling of the Preparatory Hearing🔗

1. If the written materials submitted give the judge grounds for a presumption that the parties may conclude the case by settlement, that the defendant may acknowledge the claim or the claimant may waive the claim, and also if, in the judge's opinion, the interests of properly preparing the case for court hearing so require, the judge is entitled, within 5 days from the receipt of the parties' written materials, to schedule a preparatory hearing or a telephone conversation or video conference with the parties, of which the parties shall be notified within 3 days from the adoption of the ruling. A telephone conversation or video conference with the judge shall be conducted by simultaneously connecting the parties or their representatives on the telephone line and shall be recorded in the form of minutes. If the parties have been notified of the telephone conversation or video conference in accordance with the procedure established by law and it is impossible to connect with one of the parties or his/her representative, the court is entitled to converse only with the other party or his/her representative.

1¹. If, when drafting the claim/response provided for by paragraph 1 of Article 178/paragraph 2 of Article 201 of this Code, the claimant/defendant waived consideration of the dispute through court mediation, the judge shall be obliged, at the preparatory hearing or during the telephone conversation or video conference with the parties, to ascertain the reason for such waiver and to explain to the party/parties the advantages and legal consequences of considering the dispute through court mediation.

1². If, when drafting the claim/response provided for by paragraph 1 of Article 178/paragraph 2 of Article 201 of this Code, the parties consented to consideration of the dispute through court mediation, the case shall be immediately transferred to the mediator in accordance with the procedure established by paragraph 3 of Article 4 of the Law of Georgia "On Mediation".

2. If the preconditions for holding the main court hearing exist, the judge is entitled to convert the preparatory hearing into the main hearing.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Article 206. Obligations of the Parties🔗

The parties shall be obliged, for the purpose of preparing the case, to comply with the judge's instructions. Failure to submit written materials or failure to perform another action for an unjustified reason deprives the party of the right to perform such action during the consideration of this case on the merits. In the case provided for by this Article, the judge is entitled to fine the party 50 GEL for failure to comply with his/her instructions.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 207. Ruling on hearing the case at the main court session🔗

1. Within 5 days of receipt of the parties' written materials, the judge schedules the main court session for consideration of the case on the merits, of which the parties shall be notified within 3 days of the adoption of the ruling. The judge schedules the day of hearing the case at the main court session on the assumption that the parties have the opportunity to prepare for the oral competition.

2. In the event of the parties' consent to consideration of the case without an oral hearing, the court may consider the case without an oral hearing, of which it issues a reasoned ruling. The court shall notify the parties in advance of the consideration of the case without an oral hearing.

3. In the event of the parties' consent, the court session may be held, including the announcement of the operative part of the judgment, by means of video conference.

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 – LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Article 208. Ruling on termination of the proceedings🔗

1. If at the preparatory session the claimant waives the claim or the parties settle, the judge shall issue a ruling on termination of the proceedings. In the event of settlement by the parties, the court shall approve the terms of settlement by the same ruling. The same rule shall apply at any stage of the court hearing, as well as in the case of court mediation.

2. Termination of the proceedings on the said grounds entails the consequences provided for by Article 273.

3. If at the preparatory session the defendant admits the claim, the judge shall issue a judgment on satisfaction of the claim.

4. Before admission of the claim, the defendant shall submit a certificate on public-law restriction, which confirms that no public-law restriction is registered on the subject matter of the dispute (thing, intangible property benefit), and which contains data in force at the moment of admission of the claim.

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 3 June 2016 No. 5159 – website, 17.06.2016

Law of Georgia of 9 December 2025 No. 1159 – website, 12.12.2025

Article 209. Termination of the proceedings and leaving the claim (application) unexamined during preparation of the case🔗

If there are grounds provided for by the relevant subparagraphs of Articles 272 and 275, during preparation of the case for consideration at the main court session, the judge may terminate the proceedings or leave the claim (application) unexamined, of which he/she issues a reasoned ruling.

Article 210. Opening of the main court hearing🔗

1. At the time designated for the consideration of the case, the court enters the courtroom. The judge, or if the case is considered by a collegial court, the chairperson of that court, opens the main court hearing and announces which case will be considered.

2. The secretary of the court hearing shall report to the court which of the persons summoned for the case under consideration have appeared, whether notices were served on the persons who failed to appear in accordance with the procedure established by Articles 70–78 of this Code, and what information exists regarding the reasons for their failure to appear. The court establishes the identity of those who have appeared and verifies the authority of the representatives. The court is entitled to warn the participants in the proceedings and the persons present at the hearing, for the purpose of maintaining order, about the mandatory nature of compliance with the judge's instruction and about the possible measures against a person who violates order at a court hearing. Thereafter the witnesses leave the courtroom.

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 211. Mandatory nature of the judge's instructions for the purpose of maintaining order🔗

The parties, representatives, witnesses, specialists, interpreters, as well as all citizens present in the courtroom shall be obliged to observe the established order and to obey the judge's direction without a word.

Article 212. Liability for violation of order in court🔗

1. The Chairman of the court shall ensure the maintenance of order in court, and in the Supreme Court of Georgia – the Deputy Chairman of the Supreme Court. The chairperson of the hearing (judge) shall ensure the maintenance of order in the courtroom, who is entitled, taking into account the seats of persons present in the courtroom, to limit the number of persons present at the hearing.

2. The court shall warn the parties that if they arbitrarily leave the hearing, a default judgment shall be rendered against them.

3. In the event of violation of order at a court hearing, failure to obey an order of the chairperson of the hearing (judge), or contempt of court, the chairperson of the hearing (judge) shall issue an order on the spot after deliberation on the imposition of a fine on a participant in the proceedings and/or a person present at the hearing and/or expulsion from the courtroom. If the expelled person continues to violate order, the court bailiff shall ensure his removal from the court, and at the same time, the fine or imprisonment provided for by this Article may be applied to him.

4. If the order of the chairperson of the hearing (judge) on expulsion concerns a representative, the hearing of the case shall be postponed, except where several representatives have been conducting the case from the outset. The court shall issue a corresponding ruling regarding the improper conduct of a lawyer, which shall be sent to the Bar Association.

5. A person shall be considered expelled from the courtroom until the completion of the court hearing in the court of the same instance in connection with this case. On the basis of a reasoned motion of a party, the chairperson of the court hearing (judge) is entitled to give the expelled person the opportunity to return to the hearing.

6. A person violating order at a court hearing, including an expelled person, may be fined in the amount of 50 to 500 GEL by order of the chairperson of the hearing (judge), for which a writ of execution shall be issued. If the fined person continues to violate order, the chairperson of the hearing (judge) may immediately increase the amount of the fine within the limits determined by this paragraph.

7. If, at a court hearing, a person's action is aimed at disrupting the proceedings or expresses clear and/or gross disrespect toward the court (judge), a participant in the proceedings or a party, upon the instruction of the presiding judge (judge), the court bailiff shall ensure the detention of the person and the drawing up of a detention report; at the same time, the presiding judge (judge) shall draw up an application in which he/she describes the violation and shall send it to the court (judge) authorized to issue an order. The detained person must be brought immediately, but not later than 24 hours, before the court (judge) to which the application was sent and which is authorized to issue an order for the imprisonment of this person for a term of up to 30 days. If the court establishes that the person has already once been subjected to imprisonment provided for by this paragraph, it is authorized to issue an order for the imprisonment of this person for a term of not more than 60 days. In a district (city) court where there are two or more judges, the order shall be issued by the chairperson of the court, and if the violation occurred at a hearing held with the participation of the chairperson of the court, the order shall be issued by another judge designated by him/her. In a district (city) court where there is one judge, the order shall be issued by the chairperson of the nearest district (city) court. If the violation provided for by this paragraph occurred during the consideration of the case by a magistrate judge, the order shall be issued by the chairperson of the district (city) court of which this magistrate judge is a member. In the Court of Appeal, the order shall be issued by the chairperson of the court, and if the violation occurred at a hearing held with the participation of the chairperson of the court, the order shall be issued by his/her deputy or another judge designated by him/her. In the Supreme Court of Georgia, except for the Grand Chamber, the order shall be issued by the chairperson of one of the chambers. During the consideration of a case in the Grand Chamber of the Supreme Court of Georgia, the order shall be issued by the judge who did not participate in the consideration of the case. The detained person, if necessary, may be handed over to the police. If an order on imprisonment was issued in respect of a participant in the proceedings, the court hearing may be postponed for the said term. The order shall be issued on the basis of an oral hearing, immediately after the detained person is brought, but not later than 24 hours.

8. In the event of a violation of order in court, disrespect towards the court or obstruction of the normal functioning of the court, the court bailiff is entitled to detain the person violating order, of which he shall draw up a detention protocol. The court bailiff shall be obliged to present the detained person immediately, but not later than 24 hours, to the chairperson of the same court, and in the Supreme Court of Georgia – to the deputy chairperson of the Supreme Court. The chairperson of the court, and in the Supreme Court of Georgia – the deputy chairperson of the Supreme Court, immediately upon the presentation of the detained person, but not later than 24 hours, is entitled to apply to the violating person the powers provided by this Article.

9. The order provided by this Article on fining and/or expulsion from the courtroom shall be adopted without an oral hearing and shall not be subject to appeal.

(Paragraph 9 of Article 212 was declared invalid, except for the normative content concerning the adoption of an order on the expulsion of a person attending the hearing without an oral hearing) - Decision of the Constitutional Court of Georgia of 27 February 2014 No. 2/2/558 – website, 12.03.2014.

10. When considering a case on imprisonment provided by this Article, the court shall notify the detained person of the time and place of the hearing of the case. The non-appearance of a party shall not cause the hearing to be postponed. The hearing of the case shall begin with the report of the chairperson of the court (judge), who shall announce against whom imprisonment may be applied, shall explain to the persons participating in the hearing of the case their rights and obligations, shall publicly read the application drawn up on the violation of order and shall hear the persons participating in the hearing of the case. During the oral hearing, the violating person/his defence counsel shall be given the opportunity to present his own opinions to the court and to give explanations on the lawfulness of the detention and the measure of responsibility. After hearing the parties, the chairperson of the court (judge) shall issue on the spot, by deliberation, an order on the application of imprisonment. The court (judge) issuing the order shall immediately hand a copy of the order to the violating person, and shall also send a copy of the order to the internal affairs bodies of Georgia for execution. The period of detention shall be counted in the total period of imprisonment.

11. An order on the application of detention shall enter into force immediately and it may be appealed by the person against whom detention was applied, within 48 hours after the copy of the order is served on him/her in the prescribed manner. The court shall immediately send the received complaint to the relevant court (judge). An order of the chairperson or a judge of the court of first instance may be appealed once to the chairperson of the appellate court. An order of the chairperson, deputy chairperson or a judge of the appellate court may be appealed once to the chairperson of the Administrative Cases Chamber of the Supreme Court of Georgia. An order of the deputy chairperson of the Supreme Court of Georgia or of the chairperson of a chamber, except the Grand Chamber, may be appealed once to the chairperson of the Supreme Court of Georgia. An order of a judge on a violation of order in the Grand Chamber of the Supreme Court of Georgia may be appealed once to a judge who did not participate in the consideration of the case. The complaint shall be considered without an oral hearing and the time limit for its consideration shall not exceed 24 hours from the filing of the complaint.

Note:

After the expiry of the time limit established by the legislation of Georgia for the voluntary enforcement of a fine, a person fined on the basis of this Article shall, together with the fine, be charged a penalty:

a) in the amount of GEL 150 – in the case of a fine of GEL 50 to 250;

b) in the amount of GEL 300 – in the case of a fine of GEL 250 to 500.

Law of Georgia of 25 November 2005 No. 2130 – LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Decision of the First Collegium of the Constitutional Court of Georgia of 15 December 2006 No. 1/3/393,397 – LHG IV, No. 42, 20.12.2006, p. 1

Law of Georgia of 29 December 2006 No. 4209 – LHG I, No. 4, 12.01.2007, Art. 51

Law of Georgia of 11 July 2007 No. 5284 – LHG I, No. 29, 27.07.2007, Art. 325

Law of Georgia of 4 December 2009 No. 2261 – LHG I, No. 41, 08.12.2009, Art. 305

Decision of the Constitutional Court of Georgia of 27 February 2014 No. 2/2/558 – website, 12.03.2014

Article 213. Explanation to the interpreter of his/her duty🔗

1. The court shall explain to the interpreter his/her duty to translate the explanations, testimony and statements of persons who do not have command of the language of the proceedings or have such a limitation of ability as excludes communication with them without sign language, and to translate to these persons the content of explanations, testimony, statements, documents published in court, as well as the orders, rulings and judgments of the court.

2. The court shall warn the interpreter that he/she shall bear liability under criminal procedure for knowingly incorrect translation.

3. If the interpreter fails to appear in court without a valid reason or evades the performance of his/her duty, he/she shall be fined 50 GEL.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 14 July 2020 No. 6839 – website, 28.07.2020.

Article 214. Announcement of the composition of the court and explanation of the right of challenge🔗

The presiding judge (judge) shall announce the composition of the court, as well as who participates as an expert, specialist, interpreter, secretary of the court session, and shall explain to the parties that they may file a challenge, if such a challenge was not filed for a valid reason at the stage of preparation of the case, or if the case is examined by another judge or another composition of the court, and not the one that was known at the time of preparation of the case for court hearing.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 215. Consideration of motions and applications of the parties🔗

1. When a case is considered in court, a motion shall be submitted to the court in written form, except where a party raises a motion at a court hearing on the basis of new substantive circumstances. The motion shall be substantiated; it shall specifically state the request and its argumentation, which shall concern only those circumstances that are directly related to the request raised in the motion. Motions of the same kind shall be submitted to the court together. If the judge considers that the filing of a motion serves to protract the proceedings, he/she dismisses this motion. If the judge considers that a party files motions for the purpose of protracting the proceedings, he/she deprives the parties of the right to file motions and proceeds to the next stage of consideration of the case.

2. The court may consider motions and applications of the parties and their representatives on the submission or request of new evidence only if, at the preparatory stage of the case, the party was unable to submit them, and also if the party could not have been aware of them for objective reasons and the ground for their submission arose at the main hearing, or if the party, for a valid reason, was unable to ensure the submission of the relevant motions and applications at the preparatory stage of the case. In such a case, the consideration of the case may be postponed at the request of the parties or on the initiative of the court.

3. For the purposes of this Law, a valid reason shall be deemed to be the inability of a party to submit a motion and an application caused by illness, the death of a close relative or another special objective circumstance which, for a reason independent of the party, makes it impossible to appear at the court proceedings and/or to submit a motion and an application. Illness shall be confirmed by a document signed by the head of a medical institution, which directly indicates the impossibility of appearing at the court proceedings.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 216. Postponement and Continuation of the Hearing of a Case🔗

1. Postponement of the hearing of a case shall be permissible only in the cases provided by law, for a reasonable period. If a complete examination and completion of the case is impossible at the same sitting, the hearing of the case, in the event of its postponement, shall continue from the stage at which it was postponed. The court is also entitled to continue the hearing of the case from the stage it deems appropriate. The parties shall be obliged to facilitate the hearing of the case in court within the established period.

2. If a witness, an expert and a specialist fail to appear, the court, after hearing the opinions of the parties, shall issue a ruling on the continuation of the court hearing and the taking of measures against the persons who failed to appear, or on the postponement of the court hearing. The court hearing shall continue if the failure of the said persons to appear does not prevent the comprehensive, complete and objective examination of the circumstances of the case.

3. When postponing the hearing of a case, the court shall set the date of a new court sitting and shall notify the persons who appeared at the court proceedings thereof, which they shall confirm by signature. The persons who failed to appear and the persons newly joined to the case shall be notified of the date of the new court sitting in accordance with the rules established by Articles 70–78 of this Code.

4. With the consent of the parties, a judge may hear a case and/or render a judgment during non-working time, including on rest days and public holidays.

Law of Georgia of 20 December 2005 No. 2360 - LHG I, No. 55, 27.12.2005, Art. 376

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 217. Commencement of consideration of a case🔗

1. When the substantive consideration of a case begins, the court shall first ask the parties whether they wish to conclude the case by settlement, after which the judge shall report to the court on the case and shall briefly set out the main circumstances indicated in the claim and the response, which must be based on the materials in the case. The judge shall formulate the facts underlying the claimant's claim, the facts underlying the defendant's response, the facts not disputed by the parties, and the facts that are disputed, as well as the evidence submitted by the parties, which shall be attached to the case. After reporting on the case, the judge shall ask the parties whether they wish to add or/and clarify anything.

2. After the judge's report, the court shall first hear the explanations of the claimant and of the third person participating on his side, and thereafter the explanations of the defendant and of the third person participating on his side.

3. The judge shall set time for the party for the floor and/or for each stage of the consideration of the case. In a special case, depending on the complexity of the case, the court is entitled to set additional time for the party, which shall not cause protraction of the consideration of the case.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 217¹. Consideration of civil cases within the jurisdiction of magistrate judges🔗

1. Civil cases within the jurisdiction of magistrate judges shall be considered under the expedited procedure.

2. The substantive consideration of the case begins with the judge's report on the case, which must concern the disputed factual circumstances. After the report on the case, the judge has the right to put questions to the parties that will facilitate the establishment of factual circumstances important for the case and the examination of evidence confirming these circumstances. The parties have the right, without the court's prior permission, to put questions to the opposing party and its representative concerning the disputed factual circumstances. The court grants permission only regarding the commencement of the procedure for putting questions. The publication of evidence is not mandatory. The consideration of the case ends with the parties' pleadings and rejoinder.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 20 November 2009 No. 2110 - LHG I, No. 40, 07.12.2009, Art. 293

Article 218. Action performed by a judge for the purpose of reconciliation of the parties🔗

1. The court shall in every way facilitate and shall take all measures provided by law so that the parties end the case by reconciliation. For the purpose of ending the case by reconciliation, the judge is entitled, on his/her own initiative or upon a party's motion, to announce a recess during the court hearing and, without the attendance of other persons, to hear only the parties or only their representatives.

2. The judge may point to the possible outcomes of the resolution of the dispute and offer the parties the terms of reconciliation.

2¹. Before ending the case by reconciliation, the parties shall submit a certificate on public-law restriction, which confirms that no public-law restriction is registered on the subject of the dispute (a thing, an intangible property benefit), and which contains data in force as of the moment of the parties' reconciliation.

3. The judge may offer the parties the possibility of concluding the dispute by agreement through transferring the case to a mediator.

Law of Georgia No. 407 of 28 June 2000 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 5550 of 20 December 2011 – website, 28.12.2011

Law of Georgia No. 5159 of 3 June 2016 – website, 17.06.2016

Article 219. Reference to new circumstances🔗

1. The parties are limited, when hearing explanations, to present new evidence or to refer to new circumstances which were not referred to in the claim or the response or at the stage of preparation of the case, except where they were not stated in due time for a valid reason.

2. In the case provided for by paragraph 1 of this Article, the presentation of new evidence or reference to new circumstances may not become grounds for postponement of the hearing of the case, except where, given the complexity and/or volume of the presented evidence, it is impossible to review it at the court hearing, and also where the party reasonably indicates the presentation of evidence to rebut it and the court considers that the evidence to be presented is of substantial importance for the case.

3. In the event of postponement of the hearing of the case, the court is guided by Article 216.

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 220. Receiving explanations from an appeared person🔗

If only one party appears at the court hearing, the court shall receive explanations from this one party.

Article 221. Questions by the parties🔗

The parties shall be entitled, without the prior permission of the court, to put questions to the opposing party and its representative. The court grants permission only in respect of the commencement of the procedure for putting questions. If a question is irrelevant or improper and does not serve the examination and establishment of the circumstances of the case, the court, at the request of a party or on its own initiative, may strike such a question. A judge may consider a question irrelevant or improper and strike it single-handedly, or the court may do so collegially, where the case is examined by a collegial court.

Law of Georgia of 20 November 2009 No. 2110 - LHG I, No. 40, 07.12.2009, Art. 293

Article 222. Questions by judges🔗

A judge examining a case single-handedly, the chairperson of a collegial court and any of its members shall be entitled to put questions to the parties that will facilitate the full and precise determination of the circumstances relevant to the resolution of the case, the identification and submission to the court of evidence to confirm these circumstances, and the ascertainment of their reliability.

Article 223. Conduct of the adversarial contest between the parties🔗

1. The court conducts the adversarial contest between the parties. It: opens, directs and terminates the contest; grants the floor to a party; deprives a party of the floor if it is not related to the case and serves to protract the proceedings, or if the party exceeds the time allotted to it for the floor; deprives of the right to speak anyone who does not obey it; where necessary, proceeding from the interests of the examination of the case, sets a time for a party to finish its speech; adopts decisions on issues raised in the course of the oral contest and announces these decisions.

2. The court shall take the measures provided for by this Code so that the case is examined in all respects, the contest between the parties is not excessively protracted or complicated, and the examination of the case is completed as quickly as possible – at one court hearing and, if possible, without a recess.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 224. Rule for deciding issues concerning the amendment of a claim by the claimant and the bringing of a counterclaim by the defendant🔗

1. Where the claimant amends the basis or the subject matter of the claim or increases the claim, the court shall be guided by the rule established by Article 83.

2. Where the defendant brings a counterclaim and the court accepts it, the court shall be guided by the rule established by Articles 188–190.

Article 225. Consideration and examination of the submitted evidence🔗

1. After hearing the explanations of the parties and third persons, the court is entitled, upon a party's motion or on its own initiative, to consider and examine the disputed evidence. The consideration and examination of written evidence does not imply the publication and reading out of its content at the court hearing. In the process of consideration and examination of evidence, the court addresses the parties to present their opinions on the disputed evidence or on all those circumstances indicated therein that are of substantive importance for the case. The court, in accordance with Article 104 of this Code, removes from the case the evidence and those documents submitted in the case that are not important for the case.

2. Evidence whose consideration and examination the parties did not request and which the judge did not carry out on his own initiative shall be deemed examined.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 226. Completion of the consideration and examination of evidence🔗

After the consideration and examination of evidence in accordance with the procedure established by Article 225 of this Code, the court declares the examination of the case completed, after which the pleadings of the parties begin.

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 227. Pleadings of the parties🔗

1. The pleadings consist of the speeches of the parties and their representatives.

2. The claimant and his representative speak first, then the defendant and his representative. A third person who has filed an independent claim regarding the subject matter of the dispute in the initiated proceedings, and his representative, speak after the parties. A third person who has not filed an independent claim regarding the subject matter of the dispute, and his representative, speak after the claimant or defendant on whose side the third person participates in the case.

Article 228. Reply🔗

1. After each participant in the pleadings has delivered a speech, they may speak again in connection with the speech delivered. The right of the last reply always belongs to the defendant and his representative.

2. After the pleadings of the parties, the court withdraws to adopt a judgment, of which it informs the persons present in the courtroom.

Article 229. Non-appearance of the claimant🔗

1. If the claimant who was sent a notice in accordance with the procedure established by Articles 70–78 of this Code fails to appear at the court hearing, the court, on the basis of a motion by the defendant, may render a default judgment refusing to satisfy the claim.

2. If the defendant does not request the rendering of a default judgment, the court issues a ruling on leaving the claim unexamined, which entails the consequences provided for by Articles 276–278. If the defendant objects to leaving the claim unexamined, the court postpones the hearing of the case. In the event of the claimant's repeated non-appearance, the court shall render a default judgment.

Law of Georgia of 15 December 2010 No. 4037 – LHG I, No. 75, 27.12.2010, Art. 480

Article 230. Non-appearance of the defendant🔗

1. If the defendant who was sent a notice in accordance with the procedure established by Articles 70–78 of this Code fails to appear at the court hearing, and the claimant moves for the rendering of a default judgment, then the factual circumstances indicated in the claim shall be considered proven.

2. If the circumstances indicated in the claim legally justify the claim, the claim shall be satisfied. Otherwise, the court shall refuse the claimant satisfaction thereof.

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 15 December 2010 No. 4037 – LHG I, No. 75, 27.12.2010, Art. 480

Article 231. Non-appearance of both parties🔗

If neither party which was sent a notice in accordance with the procedure established by Articles 70–78 appears at the court hearing, the court shall issue a ruling on leaving the claim unexamined, which entails the consequences provided for by Articles 276 and 278.

Article 232. Refusal of a party appearing at the court hearing to participate in the hearing of the case🔗

A party who, although appeared at the time appointed for the court hearing, refuses to participate in the hearing of the case shall be considered as not having appeared.

Article 232¹. Consequences of the defendant's failure to submit a response (reply)🔗

In the event of the defendant's failure to submit a response (reply) within the time limit established by subparagraph "b" of paragraph 1 of Article 201 of this Code, if this is caused by an unjustified reason, the judge shall render a default judgment without an oral hearing. At the same time, the judge shall satisfy the claim if the circumstances indicated in the claim legally justify the claim; otherwise, the judge shall schedule a hearing, of which the parties shall be notified in accordance with the procedure established by Articles 70–78 of this Code. If the hearing is held, evidence shall not be received from the defendant, and the court shall hear only the defendant's legal opinions relating to the claim.

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 – LHG I, No. 75, 27.12.2010, Art. 480

Article 233. Inadmissibility of rendering a default judgment🔗

1. In the event of a party's failure to appear, the rendering of a default judgment by the court shall be inadmissible if:

a) the party that failed to appear was not summoned in accordance with the procedure established by Articles 70–78 of this Code;

b) it became known to the court that there was force majeure or other events which could have prevented the party from appearing in court in a timely manner;

c) the party that failed to appear was not notified in a timely manner of the factual circumstances of the case;

d) the preconditions for filing a claim do not exist.

2. In the presence of one of the circumstances indicated in subparagraphs „a“, „b“ and „c“ of the first paragraph of this Article, the court shall schedule the hearing of the case for another time, of which it shall notify the party that failed to appear and the other persons participating in the case, while in the absence of the preconditions for filing a claim indicated in subparagraph „d“, the court shall terminate the proceedings in accordance with Article 272.

3. In the event of the defendant's failure to submit a response (reply), the rendering of a default judgment shall be inadmissible in the presence of one of the circumstances indicated in subparagraphs „b“ and „c“ of the first paragraph of this Article.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 234. Content of a default judgment🔗

The content of a default judgment shall comply with the requirements of Article 249, without the formulation of a reasoning part.

Article 235. Sending of a copy of a default judgment🔗

A copy of the default judgment shall be sent to the party within 5 days of its rendering.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 236. Appeal against a default judgment🔗

A party that did not appear at the court hearing, as a result of which a default judgment was rendered against it, as well as the defendant in the case provided for by Article 232¹ of this Code, may file a complaint with the court that rendered such judgment for the setting aside of the default judgment and the resumption of the case.

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia No. 407 of 28 June 2000 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia No. 3435 of 13 July 2006 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 237. Time limit for appealing a default judgment🔗

The time limit for appealing a default judgment shall be 10 days. This time limit shall start running from the day on which a copy of the default judgment was served on the party in accordance with the procedure established by Articles 70–78 of this Code. After the expiry of this time limit, the default judgment shall enter into legal force.

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Article 238. Content of the complaint🔗

1. A complaint for review of a default judgment and reopening of the case shall contain:

a) the name of the court that delivered the default judgment;

b) the name of the person filing the complaint;

c) circumstances confirming that the failure to appear at the court hearing or the failure to submit a response (reply) was caused by a valid reason;

d) the request of the person filing the complaint as to the extent to which the judgment should be changed;

e) the list of materials attached to the complaint.

2. A complaint signed by a party or its representative shall be submitted to the court in as many copies as the number of parties participating in the case.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 239. Action of the court after receipt of the complaint🔗

1. The judge who delivered the default judgment shall decide the issue of receipt of the complaint without notifying the parties.

2. The judge shall issue a ruling on the receipt of the complaint, which shall indicate the day of the re-examination of the case, of which he/she shall notify the parties. An ancillary complaint may not be filed against such a ruling of the court.

3. If the court does not consider the receipt of the complaint admissible, it shall issue a ruling thereon, against which an ancillary complaint may be filed.

Article 240. New judgment🔗

1. The complaint shall be examined at a court hearing. The failure of the parties to appear shall not hinder the examination of the complaint. If, as a result of the examination of the complaint, it appears that the default judgment should be set aside, the court shall set aside the default judgment by a ruling, after which the examination of the claim shall begin.

1¹. If, as a result of the examination of the complaint, it appears that the default judgment delivered in accordance with Article 232¹ of this Code should be set aside on the ground that the failure to submit a response (reply) was caused by a valid reason, the court shall set aside the default judgment by a ruling and shall restore to the defendant the time limit established by paragraph 2 of Article 201 of this Code for submitting a response (reply).

2. If there is no ground for setting aside the default judgment, the court shall issue a ruling on the dismissal of the complaint and on leaving the default judgment in force.

3. The court's ruling on the refusal to grant the complaint and on leaving the default judgment in force shall be appealed by way of appellate procedure together with the default judgment.

4. The costs caused by the failure to appear shall be imposed on the party that failed to appear, irrespective of whether, as a result of the appeal, it won the case in whole or in part.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 23 June 2005 No. 1740 - LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 241. Grounds for setting aside a default judgment🔗

A default judgment shall be set aside and the hearing of the case shall be resumed if there are the grounds provided for by Article 233, or if the party's failure to appear was caused by another valid reason of which it was unable to notify the court in due time.

Article 242. Repeated default judgment🔗

1. A party shall not be entitled to file a complaint seeking the setting aside of a default judgment if a default judgment has already been rendered against it once.

2. A repeated default judgment of the court may only be appealed by filing an appeal.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 243. Final judgment🔗

1. A ruling of a court of first instance by which the case is resolved on the merits shall be delivered by the court in the form of a judgment.

2. If the judgment is delivered by a collegiate court, it shall be adopted by a majority of votes. No judge shall be entitled to abstain from voting. The presiding judge votes after the judges. A judge who disagrees with the majority may set out his or her dissenting opinion in writing. The dissenting opinion shall be attached to the case file, but shall not be announced in the courtroom. Judges shall not be entitled to disclose the deliberations held during the conference.

3. If the judgment is delivered by a collegiate court, the judgment shall be drafted by the presiding judge of that court or by one of the judges, and shall be signed by all the judges who participated in adopting it, including a judge with a dissenting opinion. A correction made in the judgment shall be noted before the judges' signatures.

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Article 244. Matters to be decided when delivering a judgment🔗

When delivering a judgment, the court assesses the evidence, determines which circumstances essential to the case have been established and which have not, which law is to be applied to this case, and whether the claim is to be granted.

Article 245. Partial judgment🔗

1. If one of several claims joined in a single action, as well as of claims brought by several claimants or against several defendants, is clear and ready for a judgment to be delivered, the court may, at the request of the parties, deliver a partial judgment in respect of that claim.

2. A partial judgment may also be delivered by the court, at the request of an interested party, where a counterclaim has been filed and one of them – the claim or the counterclaim – is clear and ready for a judgment to be delivered.

Article 246. Preliminary (interim) judgment🔗

1. If both the factual basis of the claim and the scope (amount) of this claim are disputed, the court may render a preliminary judgment on the factual basis of the claim.

2. Such preliminary judgment may be appealed by way of appeal. After entering into legal force, it shall have prejudicial force for the court's second judgment determining the scope of the claim.

Article 247. (Removed)🔗

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011.

Article 248. Scope of a court judgment🔗

The court shall not have the right to award by its judgment to a party that which it has not requested, or more than it requested.

Article 249. Content of a judgment🔗

1. A judgment consists of introductory, descriptive, reasoning and operative parts.

2. The introductory part of a judgment shall indicate the time and place of its delivery, the name and composition of the court delivering the judgment, the secretary of the court session, the parties, representatives, the subject of the dispute.

3. The descriptive part of a judgment shall briefly state the claimant's claim, the defendant's position in relation to the claimant's claim, the circumstances established by the court, the evidence on which the court's conclusions are based, the opinions by which the court rejects this or that evidence.

4. The reasoning part of a judgment shall indicate the legal assessment and the laws by which the court was guided. The reasoning part of a judgment may also indicate the precedents of the European Court of Human Rights on a similar legal issue, by which the court was guided.

5. The operative part of a judgment shall contain the court's conclusion on the satisfaction of the claim or refusal of the claim in whole or in part, an indication on the distribution of court costs, as well as an indication of the time limit and procedure for appealing the judgment.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022.

Article 250. Formulation of the operative part of a judgment🔗

If the parties request a judgment without reasoning on the ground that they agree with this judgment and refuse to appeal it, the court may confine itself to formulating the operative part of the judgment. The judge asks the parties whether they wish to receive a reasoned judgment and whether they will appeal the given judgment. If the parties refuse to appeal it, they must confirm such statement by their signatures.

Law of Georgia of 9 September 1999 No. 2398 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 251. Determination of the manner and time limit for the enforcement of a judgment, and securing of enforcement🔗

If the court determines a specific manner and time limit for the enforcement of a judgment, or takes measures to secure the enforcement of the judgment, this shall be indicated in the judgment.

Article 251¹. Judgment in a case related to the rights of a minor🔗

1. When adopting and reasoning a judgment in a case related to the rights of a minor, the court gives priority to the best interests of the minor.

2. For the purpose of giving priority consideration to the best interests of the minor, the court's judgment shall be reasoned in accordance with the relevant basic criteria defined by paragraph 3 of Article 81 of the Code on the Rights of the Child.

Law of Georgia No. 5014 of 20 September 2019 – website, 27 September 2019.

Law of Georgia No. 5914 of 21 May 2020 – website, 25 May 2020.

Article 252. Judgment on the recovery of monetary amounts from a legal entity🔗

When delivering a judgment on the recovery of monetary amounts from a legal entity, the court may, upon the application of the parties, indicate in the operative part the nature of the amount to be paid, as well as from which of the defendant's amounts in the bank the awarded amount is to be debited.

Law of Georgia No. 407 of 28 June 2000 – LHG I, No. 26, 13 July 2000, Art. 71

Article 253. Judgment on the award of property or recovery of its value🔗

When awarding property in kind, the court shall indicate in the judgment the value of that property, which the defendant must pay if, during enforcement of the judgment, the said property is not found in his possession.

Article 254. Judgment obliging the defendant to perform a specific action🔗

1. When delivering a judgment obliging the defendant to perform a specific action that is not related to the transfer of property or monetary amounts, the court may indicate in the same judgment that, if the defendant fails to comply with the judgment within the established time limit, the claimant has the right to perform that action with reimbursement by the defendant of the necessary expenses.

2. If the said action can be performed only by the defendant, the court shall establish in the judgment a time limit within which the judgment must be enforced.

Article 255. (Repealed)🔗

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 3 January 2008, Art. 1

Article 256. Judgment in favour of several claimants or against several defendants🔗

1. If a judgment is delivered in favour of several claimants, the court shall indicate what share belongs to each of them, or state that the right of recovery is joint and several.

2. If a judgment is delivered against several defendants, the court shall indicate what share of the judgment each defendant must perform, or state that their liability is joint and several.

Article 257. Delivery of judgment🔗

1. After the oral examination of the case, the operative part of the judgment shall be announced. The judge is entitled, without retiring to the deliberation room, to announce the operative part of the judgment. If the case is substantively difficult to decide, in an exceptional case, the judge is entitled to postpone the announcement of the operative part of the judgment for a reasonable period, but not more than one month. The judge shall deliver a reasoned ruling on the above, of which he/she shall notify the parties immediately upon the conclusion of the hearing, and shall determine the date of announcement of the operative part of the judgment. The chairperson of the hearing or the judge who announced the judgment shall explain the procedure and time limit for appealing it. The chairperson of the hearing or the judge is also entitled to explain to the parties the content of the judgment and the legal grounds for its delivery.

2. Within 14 days from the announcement of the operative part of the judgment, the court shall prepare the reasoned judgment for delivery to the parties.

3. The time limit determined by paragraph 2 of this Article shall be 1 month for the cassation court.

4. The court is entitled, in cases within the jurisdiction of a magistrate judge, as well as in other cases at the request of the parties, to announce a reasoned judgment, which shall be reflected in the minutes of the court hearing. In such a case, the court shall no longer prepare the judgment in written form. At the request of the parties, they shall be given an extract from the minutes of the court hearing, the authenticity of which shall be verified by the chairperson of the hearing.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Article 257¹. Delivery of judgment in cases where an appeal is not admitted🔗

In cases where an appeal is not admitted, the judge shall announce the operative part of the judgment, and shall also explain the motives of the judgment, which replaces the descriptive and reasoning parts of the judgment. The judge's explanation shall be reflected in the minutes of the court hearing. In this case, the judge is not obliged to deliver a reasoned judgment.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 258. (Removed)🔗

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 259. Sending copies of the judgment to the parties🔗

The parties shall, on the basis of their application, be given copies of the court judgment no later than 3 days from the submission of the application. Copies of the judgment shall be signed by the secretary of the court chancellery and stamped with the court seal.

Article 259¹. Delivery of a copy of the judgment to the parties🔗

1. If a person entitled to appeal the judgment is present at the pronouncement of the judgment, or if such person was notified of the date of pronouncement of the judgment in accordance with the procedure established by the legislation of Georgia, the party wishing to appeal the judgment (its representative) shall, not earlier than 20 and not later than 30 days after the pronouncement of the operative part of the judgment, appear in court and receive a copy of the judgment; otherwise, the running of the appeal period shall begin on the 30th day after the pronouncement of the judgment. Extension and restoration of this period shall not be permitted.

2. For the persons provided for by Article 46 of this Code, as well as for persons in detention who have no representative, the court shall ensure the sending and delivery of a copy of the judgment in accordance with the procedure established by Articles 70–78 of this Code.

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Article 260. Correction of clerical errors and obvious arithmetical mistakes in a judgment🔗

1. The court may, upon the request of the parties or on its own initiative, correct clerical errors or obvious arithmetical mistakes made in a judgment. If the court deems it appropriate, the issue of making corrections may be decided at a court hearing. The parties shall be notified of the time and place of the hearing, but their failure to appear shall not constitute an obstacle to the consideration of the issue of making a correction in the judgment.

2. A ruling of the court on making a correction in a judgment may be appealed by way of a private complaint.

Article 261. Additional judgment🔗

1. The court delivering the judgment may, on its own initiative or at the request of the parties, deliver an additional judgment if:

a) because of the claim, in respect of which the parties submitted evidence and gave explanations, no judgment was delivered;

b) the court which decided the question of the right has not indicated the amount of money to be paid, the property to be transferred or the action which the defendant must perform;

c) the court has not decided the question of court costs.

2. The question of delivering an additional judgment may be raised within 7 days from the announcement of the judgment. Extension of this time limit shall not be permitted.

3. The additional judgment shall be delivered by the court at a court hearing, of which the parties shall be notified, but their non-appearance cannot prevent the delivery of such judgment.

3¹. The question provided for by subparagraph „c“ of paragraph 1 of this Article shall be considered without an oral hearing. The court may also order an oral hearing if this is necessary and facilitates clarification of the circumstances of the case. In the case of an oral hearing, the parties shall be notified of the time and place of the hearing, but their non-appearance cannot prevent the court from considering and deciding the question.

4. An additional judgment may be appealed by way of appeal.

5. A private complaint may be filed against a court ruling refusing to deliver an additional judgment.

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Article 262. Interpretation of a judgment🔗

1. The court delivering the judgment shall be entitled, upon the application of the parties or of the enforcement officer, for the purpose of facilitating the enforcement of the judgment, to interpret the judgment without changing the operative part only if the content of the operative part of the judgment is ambiguous. An application for the interpretation of a judgment may be filed if the judgment has not yet been enforced and if the time limit within which the judgment may be enforced has not expired. The court is entitled to decide the question of interpretation of the judgment without an oral hearing. In the case of a hearing, a notice shall be sent to the parties, but their non-appearance cannot prevent consideration of the question of interpretation of the judgment.

2. The court shall consider the application provided for by paragraph 1 of this Article within 1 month from its submission.

3. A private complaint may be filed against a court ruling on the interpretation of a judgment.

Law of Georgia of 20 December 2005 No. 2360 - LHG I, No. 55, 27.12.2005, Art. 376

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 15 July 2008 No. 212 - LHG I, No. 17, 28.07.2008, Art. 128

Article 263. Deferral or instalment of enforcement of a judgment, change of the means and procedure of enforcement🔗

1. The court that delivered the judgment in the case has the right, at the request of the parties, taking into account their financial situation and other circumstances, to defer the enforcement of the judgment once for a period of up to 3 months or to allow its enforcement in instalments for a period of up to one year, and also to change the means and procedure of its enforcement.

2. The court is entitled to consider the parties' applications without an oral hearing. In the event of a hearing, the parties shall be notified of the time and place of the hearing, but their failure to appear cannot prevent the court from deciding the issue.

3. A private complaint may be filed against the court's ruling on the deferral or instalment of enforcement of a judgment, as well as on the change of the means or procedure of enforcement of a judgment.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 264. Entry of a court judgment into legal force🔗

1. A judgment of a court of first instance shall enter into legal force:

a) upon its announcement, if appeal under appellate procedure is inadmissible;

b) after the expiry of the time limit for appeal under appellate procedure, where the judgment may be appealed under appellate procedure, if it was not appealed under this procedure;

c) after the entry into legal force of the ruling of the appellate court which left the appealed judgment unchanged;

d) if, after the announcement of the judgment, the parties declare in writing that they waive their right to appeal it under appellate procedure.

2. A judgment (ruling) of the appellate court, if it has not been appealed, shall enter into legal force after the expiry of the time limit for its appeal under cassation procedure, and if it has been appealed – after the consideration of the case under cassation procedure, provided that the judgment (ruling) of the appellate court has not been quashed. A judgment (ruling) of the appellate court shall also enter into legal force if, after the announcement of the judgment (ruling), the parties declare in writing that they waive their right to appeal it under cassation procedure.

3. A judgment (ruling) of the cassation court shall enter into legal force immediately, upon its announcement.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 9 September 1999 No. 2398 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 265. Quashing or amendment of a judgment that has entered into legal force🔗

The quashing or amendment of a judgment that has entered into legal force shall be permissible only in the case and in the manner established by this Code.

Article 266. Consequences of a judgment entering into legal force🔗

After a judgment enters into legal force, the parties, as well as their legal successors, may not again file the same claims with the court on the same grounds, nor may they make facts and legal relations established by the judgment disputable in another proceeding.

Article 267. Compulsory enforcement of a judgment🔗

Compulsory enforcement of a judgment shall be permissible only after it has entered into legal force.

Article 267¹. Rule for the examination and resolution of issues related to the enforcement of a court judgment🔗

1. Issues related to the enforcement of a court judgment may be examined without an oral hearing. If a hearing is held, the parties shall be notified of the time and place of the hearing, but their failure to appear shall not prevent the court from resolving the issue.

2. The decision shall be adopted in the form of a ruling. A private complaint may be filed against a court ruling on issues related to the enforcement of a judgment.

Law of Georgia of 5 December 2000 No. 638 – LHG I, No. 48, 16.12.2000, Art. 138

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 267². Reversal of enforcement of a court judgment🔗

1. After an enforced judgment is set aside and a new judgment is adopted, in the event of a refusal to satisfy the claim in whole or in part, termination of the proceedings, or leaving the claim unexamined, the claimant shall return to the defendant everything that was paid to the defendant in favour of the claimant under the set-aside judgment.

2. The issue of reversal of enforcement of a judgment shall be resolved, on the basis of an application by the defendant, by the court adopting the new judgment or ruling.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 268. Judgments Subject to Immediate Enforcement🔗

1. The court may, upon the request of the parties, transfer judgments for immediate enforcement in whole or in part:

a) on the award of alimony;

b) on the imposition of payments for compensation for damage caused by mutilation or other injury to health, as well as by the death of the breadwinner;

c) on the award to a worker of wages for not more than 3 months;

d) on the reinstatement at work of a worker unlawfully dismissed or transferred;

e) (deleted);

e¹) on the recovery of an immovable thing from unlawful possession;

f) judgments rendered in respect of a promissory note and a cheque;

g) in all other cases, if, due to special circumstances, the delay in the enforcement of the judgment may cause significant damage to the judgment creditor, or if the enforcement of the judgment proves impossible.

(The normative content of subparagraph „g“ of paragraph 1 of Article 268, which provides for the immediate enforcement of a court judgment on the transfer of disputed property into ownership, where the benefit protected as a result thereof does not exceed the damage caused by the delay in enforcement, was declared invalid) - Judgment of the Constitutional Court of Georgia No. 1/5/675,681 of 30 September 2016 - website, 11.10.2016.

1¹. A judgment delivered by a court of first instance in disputes arising from a contract shall be transferred for immediate enforcement if this is directly provided for by the contract. The requirements provided for by paragraphs 2 and 3 of this Article shall not apply to such a case. Enforcement shall not be suspended on the basis of a claim of a third person concerning the subject matter of the same dispute either.

(The first and second sentences of paragraph 1¹ of Article 268 were declared invalid) - Judgment of the Constitutional Court of Georgia No. 2/3/1421,1448,1451 of 11 April 2023 – website, 13.04.2023.

1². A judgment delivered in a case concerning the rights of a minor shall be transferred for immediate enforcement if this is required by the best interests of the minor, which shall be indicated in the same judgment.

2. When permitting the immediate enforcement of a judgment, the court may require the claimant to secure the reversal of the enforcement of the judgment in the event of the judgment being set aside.

3. The immediate enforcement of a judgment shall not be permitted if it is impossible to calculate precisely the loss that may be caused to the opposing party, as a result of which the other party will be unable to secure it.

Law of Georgia No. 3435 of 13 July 2006 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5124 of 29 June 2007 - LHG I, No. 27, 17.07.2007, Art. 258

Record of the organizational session of the Constitutional Court of Georgia No. 1/6/675 of 2 November 2015 – website, 13.11.2015.

Law of Georgia No. 4626 of 1¹ December 2015 - website, 29.12.2015.

Judgment of the Constitutional Court of Georgia No. 1/5/675,681 of 30 September 2016 - website, 11.10.2016.

Law of Georgia No. 5014 of 20 September 2019 – website, 27.09.2019.

Law of Georgia No. 5914 of 21 May 2020 – website, 25.05.2020.

Decision No. 2/3/1421,1448,1451 of the Constitutional Court of Georgia of 11 April 2023 – website, 13.04.2023.

Article 269. Consideration of the issue of immediate enforcement of a judgment🔗

The issue of immediate enforcement of a judgment may be considered at the same hearing at which the judgment is delivered. If the issue of immediate enforcement of the judgment was not considered at the said hearing, it shall be considered without an oral hearing. Where a hearing is held, the parties shall be notified of the time and place of its holding, but their failure to appear shall not prevent the court from considering and deciding the issue.

(The normative content of the second sentence of Article 269, which provides for the consideration and decision, without an oral hearing, of the issue of immediate enforcement of the ground under subparagraph „g“ of the first paragraph of Article 268 of this Code, was declared invalid) – Decision No. 1/5/675,681 of the Constitutional Court of Georgia of 30 September 2016 – website, 11.10.2016.

(The normative content of the second sentence of Article 269, which provides for the consideration and decision, without an oral hearing, of the issue of immediate enforcement of a judgment on the basis of paragraph 1¹ of Article 268 of this Code, was declared invalid) – Decision No. 2/3/1421,1448,1451 of the Constitutional Court of Georgia of 11 April 2023 – website, 13.04.2023.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 4037 of 15 December 2010 – LHG I, No. 75,27.12.2010, Art. 480

Decision No. 1/5/675,681 of the Constitutional Court of Georgia of 30 September 2016 – website, 11.10.2016.

Decision No. 2/3/1421,1448,1451 of the Constitutional Court of Georgia of 11 April 2023 – website, 13.04.2023.

Article 270. Appeal against a court ruling on immediate enforcement🔗

A court ruling on the immediate enforcement of a judgment may be appealed by way of a private complaint, which shall not suspend the execution of this ruling.

Article 271. Ensuring the enforcement of a judgment🔗

The court may ensure the enforcement of a judgment that has not been transferred for immediate execution in accordance with the rules established by Chapter XXIII. (the normative content of Article 271 which provides for the application of a measure to secure a claim/judgment in circumstances where the benefit protected as a result of this measure does not exceed the damage caused to the opposing party as a result of the application of the securing measure was declared invalid) Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 - website, 11.10.2016.

(the normative content of Article 271 which permits the granting to a temporary manager of the authority to determine the editorial policy of a mass media outlet was declared invalid) - Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 - website, 11.10.2016.

Minutes of the organizational sitting of the Constitutional Court of Georgia of 13 November 2015 No. 1/7/681 – website, 26.11.2015.

Decision of the Constitutional Court of Georgia of 30 September 2016 No. 1/5/675,681 - website, 11.10.2016.

Article 272. Termination of proceedings🔗

The court, upon the statement of the parties or on its own initiative, shall terminate the proceedings if:

a) the case should not be heard in court because, according to law, its hearing falls within the competence of another agency;

a¹) there is no subject matter of the dispute;

b) there is a court judgment or ruling that has entered into legal force, delivered on a dispute between the same parties, on the same subject matter and on the same grounds;

c) the claimant has waived the claim;

d) the parties have settled;

d¹) a mediation settlement has been drawn up and the content/terms of the mediation settlement do not contradict the legislation of Georgia or public order, or, based on the content of the mediation settlement, its enforcement is not impossible, or a party to an international mediation settlement has submitted to the court an international mediation settlement by which the disputed issue has already been resolved;

e) after the death of a citizen who is one of the parties to the case or upon the liquidation of a legal entity, succession arising from the disputed legal relationship is inadmissible;

e¹) there is a case provided for by subparagraph „a“ of Article 281 of this Code;

f) (removed - 18.03.2015, No. 3220);

f¹) (removed - 19.02.2015, No. 3096);

f²) when considering an application for recognition as a recipient of support, the conclusion of the Legal Entity of Public Law – Levan Samkharauli National Bureau of Forensic Expertise is negative;

f³) there is a case provided for by paragraph 11 of Article 28 of the Law of Georgia "On Trademarks";

g) another case is established by law.

Law of Georgia of 24 June 2004 No. 223 - LHG I, No. 19, 15.07.2004, Art. 82

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Law of Georgia of 11 November 2011 No. 5265 - website, 24.11.2011

Law of Georgia of 28 December 2011 No. 5665 - website, 11.01.2012

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia of 22 June 2021 No. 668 – website, 24.06.2021

Law of Georgia of 21 February 2024 No. 4051 – website, 07.03.2024

Law of Georgia of 9 December 2025 No. 1159 - website, 12.12.2025

Article 272¹. Termination of proceedings on the basis of a party's statement🔗

If the parties have concluded a contract, or there is an agreement of the parties, that a dispute between them be referred to arbitration for resolution, the court shall terminate the proceedings on the basis of a statement of one of the parties. The said statement must be made before the expiry of the time limit for submitting the response to the claim.

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Article 273. Ruling on termination of proceedings🔗

1. Proceedings in a case shall be terminated by a court ruling. If the proceedings are terminated because the case is not subject to the court under law, the court shall indicate to which body the applicant must apply.

2. In the event of termination of proceedings, re-application to the court on the dispute between the same parties, on the same subject and on the same grounds shall not be possible.

Article 274. Appeal against a ruling on termination of proceedings🔗

A court ruling on termination of proceedings may be appealed by way of a private complaint.

Article 275. Leaving a claim unexamined🔗

1. The court, upon a party's application or on its own initiative, shall leave the claim unexamined if:

a) (removed - 20.03.2015, No. 3340);

b) the claim (application) was filed in the name of an interested person by a person who does not have the authority to conduct the case;

c) the claimant (applicant) failed to appear at the court hearing, and the defendant agrees that the claim (application) be left unexamined;

d) neither party appeared;

e) a case is pending before the same or another court between the same parties, on the same subject and on the same grounds;

f) the claimant's motion for the recall of the claim and the attached documents was granted;

g) there exists the circumstance provided for by subparagraph „a“ of Article 281 of this Code;

h) the claimant, within the time limit provided for by paragraph 3 of Article 184 of this Code, fails to submit to the defendant a document confirming delivery of the notice, or a motion for delivery of the notice to the defendant by public notice;

i) where a motion for reduction of the amount of the state fee is granted, the claimant fails, within the time limit set by the court, to submit a document confirming payment of the state fee;

j) no party applies to the court, within 10 days after the expiry of the time limit established by law for mediation, in accordance with paragraph 2 of Article 187⁷ of this Code, requesting resumption of the proceedings;

k) there exists the circumstance defined by paragraph 3 of Article 363⁵⁰ of this Code, except for the exceptions provided for by paragraph 4 of the same Article.

2. The court is entitled to leave the claim unexamined in the circumstance provided for by paragraph 1² of Article 186 of this Code, as well as in the case where the claimant indicated his or the defendant's address incorrectly in the claim.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 11 November 2011 No. 5265 - website, 24.11.2011

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia of 30 June 2023 No. 3447 – website, 30.06.2023

Law of Georgia of 15 December 2023 No. 3947 – website, 25.12.2023

Article 276. Appeal against a court ruling on leaving a claim without consideration🔗

Where a claim (application) is left without consideration, the proceedings are terminated by a court ruling, against which a private complaint may be filed.

Article 277. Determination of the limitation period when a claim is left without consideration🔗

Where a claim (application) is left without consideration, the limitation period for filing a claim shall not be interrupted.

Article 278. Re-submission of a claim left without consideration🔗

Where the circumstances that served as the basis for leaving the claim without consideration are eliminated, the interested person has the right to apply to the court again in compliance with the general rule.

Article 279. Obligation of the court to suspend the proceedings🔗

The court shall be obliged to suspend the proceedings in the following cases:

a) upon the death of a citizen, if the disputed legal relationship permits succession, or upon termination of the existence of the legal entity that is a party to the case;

b) if it establishes that a party is a recipient of support who has been assigned support for the exercise of procedural representation, but has not received the support;

c) in the case of the presence of the defendant in an active unit of the Defence Forces of Georgia or at the request of the claimant being in such a unit;

d) if the consideration of the case is impossible until the resolution of another case, which must be considered under civil law or administrative procedure;

d¹) if the case is being considered by the Restitution and Compensation Commission or a committee of the Commission;

e) in the case provided for by paragraph 2 of Article 6;

f) if, on the basis of Article 187³ of this Code, the court has referred the case to a mediator for the purpose of concluding the dispute by agreement of the parties, or after the commencement of the proceedings the parties have referred the dispute to a mediator, or there is an agreement between the parties on mediation, by which the parties agree not to apply to the court until a specified period or circumstance occurs, − except in the case where the claimant confirms that without court consideration he/she will suffer irreparable damage. The defendant must make a statement on the agreement on mediation before the expiry of the time limit for submitting the response.

g) if the National Bank of Georgia applies to the court with a request to suspend the proceedings in a case existing against a commercial bank in resolution regime, in accordance with the Organic Law of Georgia "On the National Bank of Georgia" and the Law of Georgia "On the Activities of Commercial Banks". After the application of the National Bank of Georgia, the proceedings initiated against a commercial bank in resolution regime shall be suspended. In this case, the running of the time limit for consideration of the motion shall also be suspended. In the case provided for by this subparagraph, the judge shall issue a ruling within 1 day from the application of the National Bank of Georgia.

Law of Georgia of 29 December 2006 No. 4287 - LHG I, No. 51, 31.12.2006, Art. 446

Law of Georgia of 24 September 2010 No. 3619 - LHG I, No. 51, 29.09.2010, Art. 332

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015

Law of Georgia of 31 October 2018 No. 3608 – website, 21.11.2018

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia of 20 December 2019 No. 5659 – website, 31.12.2019

Article 280. Right of the court to suspend proceedings🔗

The court, upon the application of the parties or on its own initiative, may suspend the proceedings if:

a) the party is in active fixed-term military service or has been called up to perform any state duty;

b) the party is on a long-term official business trip;

c) the party is in a medical treatment institution or is ill, as a result of which the party is unable to appear in court, and this is confirmed by a certificate from a medical institution;

d) the defendant has been declared wanted in the cases provided for by law;

e) the court has ordered an expert examination.

Article 281. Time limits for suspension of proceedings🔗

Proceedings shall be suspended:

a) in the case provided for by subparagraph "a" of Article 279 of this Code – for a reasonable period, but not more than one year. In the event of the death of the claimant, if after the expiry of this period a successor has not joined the case, the claim shall be left unexamined. Appeals and cassation complaints filed by the claimant shall likewise be left unexamined. In the event of the death of the defendant, the claimant is obliged, before the expiry of the one-year period, to indicate the defendant's successor (the person who received the inherited property, or, in the case of heirless property, the State or the relevant organisation or another successor). If it turns out that the inherited property does not exist, the proceedings shall be terminated. Upon a substantiated motion of the claimant, the court may extend the one-year period by not more than 6 months;

a¹) in the case provided for by subparagraph "b" of Article 279 of this Code – until the receipt of the relevant support;

b) in the cases provided for by subparagraph "c" of Article 279 and subparagraphs "a", "b", "d" and "e" of Article 280 of this Code – until the party's presence in the composition of the Defence Forces of Georgia, until the performance of a state duty by him/her, until his/her return from a service trip, until the defendant is found or until the completion of the expert examination;

c) in the case provided for by subparagraph "d" of Article 279 – until the court judgment, sentence, ruling, resolution enters into legal force or until a decision is rendered in a case examined under administrative procedure;

c¹) in the case provided for by subparagraph "d1" of Article 279 of this Code – until the relevant decision is taken by the Commission or its committee;

d) in the cases provided for by subparagraph "e" of Article 279 – until the decision of the Constitutional Court is taken;

e) in the case provided for by subparagraph "c" of Article 280 of this Code – for a period of not more than 2 months. Upon the expiry of this period, the party is obliged to appoint a representative, and the court is entitled to resume the hearing of the case;

f) in the case provided for by subparagraph "f" of Article 279 of this Code − until the completion of mediation.

g) in the case provided for by subparagraph "g" of Article 279 of this Code − for the period specified in the court ruling, which must correspond to the period indicated in the relevant application of the National Bank of Georgia, but must not exceed 90 days. If the resolution regime ends earlier than the period specified in the ruling, the National Bank of Georgia is obliged to notify the court thereof, which shall revoke the effect of the ruling on the suspension of the proceedings.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 20 December 2011 No. 5550 – website, 28.12.2011

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015

Law of Georgia of 31 October 2018 No. 3608 – website, 21.11.2018

Law of Georgia No. 4955 of 18 September 2019 – website, 27.09.2019

Law of Georgia No. 5659 of 20 December 2019 – website, 31.12.2019

Article 282. Appeal against a court ruling🔗

A court ruling on suspension of proceedings may be appealed by way of an ancillary complaint, except in the case provided for by subparagraph „e“ of Article 280 of this Code.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 283. Resumption of proceedings🔗

Proceedings shall resume after the removal of the circumstances that caused the suspension of the proceedings. After the resumption of the proceedings, the case shall be heard in accordance with the general procedure.

Article 284. Delivery of a ruling🔗

1. A court decision by which the case is not resolved on the merits shall be adopted in the form of a ruling.

2. A court ruling adopted by a judge alone shall be signed by that judge, and if it is adopted by a collegial court, by all judges.

3. If a ruling is adopted without retiring to the deliberation room, it shall be entered in the minutes of the court hearing.

4. A ruling adopted by the court on the spot by deliberation shall be announced immediately upon its adoption. The presiding judge or the judge who announced the ruling shall explain the content of that ruling and the procedure and time limit for appealing it, which shall be reflected in the minutes of the hearing.

5. The presiding judge or the judge shall announce the operative part of a ruling adopted in the deliberation room after the deliberation. The presiding judge or the judge who announced the ruling shall explain the content of that ruling and the procedure and time limit for appealing it.

6. Within 14 days from the announcement of the operative part of the ruling, the court shall prepare a reasoned ruling for delivery to the parties.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 285. Content of a ruling🔗

A ruling shall state:

a) the time and place of the adoption of the ruling;

b) the name and composition of the court adopting the ruling, and the secretary of the court hearing;

c) the parties and the subject matter of the dispute;

d) the issue on which the ruling is to be adopted;

e) the reasons on which the court based its conclusion, and the laws by which the court was guided. The ruling may also refer to the precedents of the European Court of Human Rights on a similar legal issue by which the court was guided;

f) the decision of the court;

g) the procedure and time limit for appealing the ruling.

Law of Georgia No. 1919 of 18 October 2022 – website, 24.10.2022

Article 286. Sending copies of a ruling to the parties🔗

Copies of a ruling on termination of proceedings, on leaving a claim unexamined, or on suspension of proceedings shall be sent to the parties not attending the announcement of the ruling no later than 5 days after its issuance.

Article 287. Mandatory Drawing Up of the Minutes🔗

For each court hearing, as well as for each procedural action performed without a hearing in which the parties, their representatives, witnesses, experts and specialists participate, the drawing up of the minutes shall be mandatory.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Article 288. Content of the Minutes🔗

1. If the recording of each court hearing or of each procedural action performed without a hearing by technical means is impossible, minutes shall be drawn up, which shall indicate:

a) the year, month, day and place of the court hearing;

b) the time of the beginning and of the end of the court hearing;

c) the name and composition of the court hearing the case and the secretary of the court hearing;

d) the name of the case;

e) information on the appearance of the representatives of the parties, witnesses, experts and interpreters;

f) information on the explanation to the parties and their representatives of their procedural rights and obligations;

g) the orders of the court and the rulings delivered without retiring to the deliberation room;

h) the explanations of the parties and their representatives;

i) the testimony of witnesses, the explanations by experts of their conclusions, the data of the examination of material and written evidence;

j) the content of the parties' pleadings;

k) information on the pronouncement of the judgment and ruling;

l) information on the explanation of the content of the judgment, of the procedure and time limit for appealing it.

2. If the recording of each court hearing or of each procedural action performed without a hearing by technical means is possible, minutes shall be drawn up, which shall indicate the data provided for by subparagraphs "a"–"e" and "g" of the first paragraph of this Article, as well as the data of the parties, their representatives, witnesses and other persons invited to the hearing, the time and duration of their statements.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 289. Procedure for Drawing Up and Formalizing the Minutes🔗

1. The minutes shall be drawn up by the secretary at the court hearing itself or at the time of the performance of a separate procedural action without a hearing.

2. In the case provided for by the first paragraph of Article 288 of this Code, the parties and their representatives shall have the right to request the inclusion in the minutes of those circumstances which, in their opinion, are essential to the case.

3. The minutes shall be prepared and signed no later than 3 days after the end of the hearing or the performance of a separate procedural action.

4. The minutes shall be signed only by the secretary of the court hearing, except for the cases provided for by paragraphs 3 and 4 of Article 284 of this Code. In the cases provided for by paragraphs 3 and 4 of Article 284 of this Code, the minutes shall also be signed by the judge, and if the case was heard by a collegial composition of the court – by the chairperson of that hearing.

5. All changes, corrections and additions made in the minutes shall be noted and certified by the persons signing the minutes.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 290. Minutes Recorded on Magnetic Tape🔗

1. The court may use a tape recorder, computer or other technical means for drawing up the minutes, by means of which the recordings are also attached to the minutes. At the request of the judge, the secretary of the court hearing shall ensure the transcription of the technical recording or part thereof.

2. A party has the right to request a copy of the technical recording in electronic form, which shall be satisfied. The fee for making a copy shall be paid in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 3 January 2008, Art. 1

Article 291. Comments Concerning the Minutes of the Hearing🔗

Within 3 days from the signing of the minutes of the hearing, the parties and their representatives may submit their comments concerning the minutes, indicating its incorrectness and incompleteness. The comments shall be attached to the case file. The judge (court) considering the case shall consider the comments within 5 days from their submission and shall issue a ruling on the comments.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31 July 2006, Art. 243

Article 292. Admissibility🔗

If, in accordance with the legislation of Georgia on promissory notes, claims arising from a promissory note are brought and it is indicated in the action that the case is to be considered under the simplified procedure, the rules provided for in this Chapter shall be applied.

Article 293. Presentation of the Promissory Note🔗

A copy of the promissory note shall be attached to the action. During the oral hearing of the case at the court session, the claimant shall present the promissory note in original form.

Article 294. Jurisdiction🔗

1. Actions in respect of a promissory note may be brought both in the court in whose territory payment is to be made and in the court at the place of residence of the defendant.

2. If an action is brought jointly against several persons liable on a promissory note, the action may be brought both in the court in whose territory payment is to be made and in any court at the place of residence of one of the defendants.

Article 295. Time Limit from Delivery of Notice to Court Hearing🔗

Notice shall be delivered to the parties not less than 24 hours before the commencement of the court hearing, if this notice is delivered at the location of the court. If the notice is delivered at another place, this time limit shall be set at a minimum of 3 days.

Article 296. Evidence🔗

1. Only documents (written evidence) and explanations of the parties shall be admitted as evidence.

2. Documentary confirmation is possible only by submitting the relevant documents.

Article 297. Refusal to Consider a Case under the Simplified Procedure🔗

The claimant may, without the defendant's consent, refuse consideration of the case under the rules set out in this Chapter before the consideration of this case is completed. In such a case, the case shall be considered under the general procedure.

Article 298. Inadmissibility of Joinder of Actions and Bringing of Counterclaims🔗

Joinder of actions brought in respect of a bill of exchange with actions brought on account of other claims shall not be possible. Bringing of counterclaims shall likewise be inadmissible.

Article 299. Reservation of Judgment🔗

1. A defendant who denies the claim brought against him may, in all cases, after a judgment has been rendered, request supplementary proceedings of the case for the purpose of exercising his rights.

2. A judgment reserving the defendant's rights shall be deemed a final judgment for the purposes of appeal and enforcement.

Article 300. Supplementary Proceedings of the Case🔗

1. If the defendant has retained the possibility of exercising his right, the dispute remains within the scope of court proceedings.

2. If in the course of supplementary proceedings of the case it is revealed that the claimant's claim was unfounded, the judgment rendered in compliance with the rules provided for in this Chapter shall be set aside; the claimant shall be refused satisfaction of his claim and court costs shall be distributed accordingly. The claimant shall be obliged to compensate the loss caused to the defendant as a result of the enforcement of the judgment or of an act obstructing such enforcement. The defendant may raise a claim for compensation of loss in the course of the court hearing of the dispute.

Article 301. Proceedings in Cases Brought in Respect of a Cheque🔗

If claims are raised in accordance with the legislation of Georgia on cheques, the procedure for proceedings in cases brought in respect of a bill of exchange shall be applied.

Article 302. (Removed)🔗

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 303. (Removed)🔗

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 304. (Removed)🔗

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 305. (Removed)🔗

Law of Georgia of 20 December 2005 No. 2360 - LHG I, No. 55, 27.12.2005, Art. 376

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 306. (Removed)🔗

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 307. (Removed)🔗

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 308. (Removed)🔗

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 309. (Removed)🔗

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 8 May 2012 No. 6145 – website, 17.05.2012.

Article 309¹. Admissibility🔗

Claims for the return of the object of leasing into the lessor's possession may be heard under the simplified procedure established by this Chapter.

Law of Georgia of 7 May 2002 No. 1395 – LHG I, No. 13, 28.05.2002, Art. 50

Article 309². Application for the return of the object of leasing into the lessor's possession🔗

1. An application for the return of the object of leasing into the lessor's possession, which constitutes the ground for hearing the case under the simplified procedure, shall aim at obtaining an order by the court on the return of the object of leasing into the lessor's possession.

2. The application for the return of the object of leasing into the lessor's possession, which shall be accompanied by a receipt confirming payment of the state fee, shall state the following data:

a) the name of the court;

b) the names of the parties and their representatives;

c) the applicant's claim;

d) the obligation on the basis of which the claim is made;

e) evidence confirming the claim made.

3. The judge shall hear the application for the return of the object of leasing into the lessor's possession within 3 days of its submission to the court.

Law of Georgia of 7 May 2002 No. 1395 – LHG I, No. 13, 28.05.2002, Art. 50

Article 309³. Jurisdiction🔗

An application for the return of the object of leasing into the lessor's possession shall be submitted to the court in accordance with the procedure established by the Civil Procedure Code of Georgia.

Law of Georgia of 7 May 2002 No. 1395 – LHG I, No. 13, 28.05.2002, Art. 50

Article 309⁴. Refusal to accept an application for the return of the object of leasing into the lessor's possession🔗

1. If the judge establishes that the application for the return of the object of leasing into the lessor's possession does not meet the requirements established by this Code, including, by its Article 309², he/she shall issue a ruling on refusal to accept the application and shall return the application to the applicant together with the attached documents.

2. A ruling on refusal to accept an application for the return of the object of leasing into the lessor's possession shall be appealed by way of a private complaint.

Law of Georgia of 7 May 2002 No. 1395 – LHG I, No. 13, 28.05.2002, Art. 50

Law of Georgia of 11 November 2011 No. 5265 – website, 24.11.2011

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Article 309⁵. (Removed)🔗

Law of Georgia of 7 May 2002 No. 1395 – LHG I, No. 13, 28.05.2002, Art. 50

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Article 309⁶. Order on the return of the object of leasing into the possession of the lessor of the object of leasing🔗

The order on the return of the object of leasing into the possession of the lessor of the object of leasing shall state that the order is subject to immediate enforcement and the procedure and time limit for appealing it.

Law of Georgia No. 1395 of 7 May 2002 – LHG I, No. 13, 28.05.2002, Art. 50

Article 309⁷. Appeal against the order on the return of the object of leasing into the possession of the lessor of the object of leasing🔗

A private complaint may be filed against a court order on the return of the object of leasing into the possession of the lessor of the object of leasing. At the same time, this shall not suspend the enforcement of the order.

Law of Georgia No. 1395 of 7 May 2002 – LHG I, No. 13, 28.05.2002, Art. 50

Article 309⁸. Admissibility🔗

Under the procedure established by this Chapter, an application of a shareholder of a joint-stock company on the compulsory sale of shares may be heard, where, as a result of the acquisition of shares, the shareholder owns in ownership not less than 95% of the voting shares of the joint-stock company (hereinafter – the buyer).

Law of Georgia No. 5286 of 11 July 2007 – LHG I, No. 29, 27.07.2007, Art. 327

Article 309⁹. Buyer's application on the compulsory sale of shares🔗

1. The buyer's application on the compulsory sale of shares shall be submitted to the court one month after the publication, in the official printed organ, of the application on the compulsory sale of shares provided for by the Law of Georgia on Entrepreneurs.

2. The application shall be accompanied by a receipt confirming payment of the state fee. The application shall state the following data:

a) the name of the court;

b) the names of the buyer and his/her representative;

c) the applicant's claim;

d) evidence confirming the publication of the application on the compulsory sale of shares in the official printed organ at least one month before the filing of the application;

e) the address of the person maintaining the register;

f) the date (the time corresponding to the end of the working day) as of which the redemption of shares by the buyer from the beneficial owners of the existing shares shall be carried out (the redemption record date).

Law of Georgia No. 5286 of 11 July 2007 – LHG I, No. 29, 27.07.2007, Art. 327

Article 309¹⁰. Jurisdiction🔗

Applications of the buyer on the compulsory sale of shares shall be heard by the Tbilisi and Kutaisi City Courts, in accordance with the buyer's legal address. For the purposes of this Chapter, the jurisdiction of the Tbilisi City Court covers eastern Georgia, and the jurisdiction of the Kutaisi City Court – western Georgia.

Law of Georgia No. 5286 of 11 July 2007 – LHG I, No. 29, 27.07.2007, Art. 327

Article 309¹¹. Consideration of the issue of acceptance of an application on mandatory sale of shares🔗

1. Within 3 days of the filing of an application on mandatory sale of shares, the judge shall consider the issue of its acceptance.

2. If the judge determines that the application on mandatory sale of shares does not meet the requirements established by this Code, including, by its Article 309⁹, he/she shall issue a ruling on refusal to accept the application and shall return the application to the applicant together with the attached documents.

3. A ruling on refusal to accept an application on mandatory sale of shares shall be appealed by way of a private complaint.

Law of Georgia of 11 July 2007 No. 5286 - LHG I, No. 29, 27.07.2007, Art. 327

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Article 309¹². Appointment of an independent expert or a brokerage company🔗

1. For the purpose of determining the fair price of redemption of shares, within 7 days of acceptance of the application, the court shall appoint an independent expert or a brokerage company.

2. The independent expert or the brokerage company shall draw up a redemption report, which shall indicate the documentarily confirmed circumstances of the redemption, the method used to determine the fair price of redemption of shares and the price of shares determined on this basis. The costs of the independent expert or the brokerage company shall be reimbursed by the buyer.

3. When selecting an independent expert or a brokerage company, the court is entitled to take into account the opinions of the parties. The parties have the right to propose to the court candidates for the person to be appointed. The court shall ultimately decide the issue of who is entrusted with drawing up the redemption report. The parties have the right to challenge the independent expert or the brokerage company on the ground established by Article 35 of this Code.

Law of Georgia of 11 July 2007 No. 5286 - LHG I, No. 29, 27.07.2007, Art. 327

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Article 309¹³. Consideration of the application on the mandatory sale of shares🔗

1. In the ruling on acceptance of the application on the mandatory sale of shares, the court determines the time for the oral hearing and immediately notifies the parties of the time and place of the hearing. The shareholder whose shares the buyer demands to redeem (hereinafter – the interested person), together with the agency, shall be sent copies of the application and the attached documents and shall be given a time limit for submitting opinions.

2. If the number of interested persons is more than two, they shall be obliged to appoint a representative.

3. The court shall consider the application and deliver a judgment no later than one month from the acceptance of the application.

4. The application shall be considered at a court hearing. The court shall verify the compliance of the mandatory sale of shares procedures with the requirements of law. The non-appearance of the parties shall not impede the resolution of the matter.

Law of Georgia of 11 July 2007 No. 5286 - LHG I, No. 29, 27.07.2007, Art. 327

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Article 309¹⁴. Court judgment in connection with the application on the mandatory sale of shares🔗

1. If the court establishes the compliance of the mandatory sale of shares procedures with the requirements of law, it shall deliver a judgment on the mandatory sale of shares. Otherwise, the court shall deliver a ruling on refusal to satisfy the application.

2. The court judgment on the mandatory sale of shares shall establish the fair price of redemption of shares and the date (the corresponding time at the end of the working day) as of which the redemption of shares shall be carried out by the buyer from the beneficial owners of the shares existing as of that date (the accounting date of redemption).

3. When establishing the fair price of redemption of shares, the court shall take into account:

a) the value of these shares on the securities market;

b) the estimated future income to be received by the company;

c) the assets of the company (including the enterprise's reserves, the enterprise's business reputation, experience, prospects and business connections) and liabilities.

Law of Georgia of 11 July 2007 No. 5286 - LHG I, No. 29, 27.07.2007, Art. 327

Article 309¹⁵. Appeal against the judgment on the mandatory sale of shares🔗

1. The judgment on the mandatory sale of shares shall indicate the procedure and time limit for appealing it.

2. An appeal against a judgment of the city court shall be admissible no later than 14 days from the delivery of the judgment.

3. The judgment on the mandatory sale of shares may be appealed only by way of appeal. The time limit for consideration of the case by way of appeal is one month.

4. An appeal against the judgment on the mandatory sale of shares shall not suspend its enforcement.

Law of Georgia of 11 July 2007 No. 5286 - LHG I, No. 29, 27.07.2007, Art. 327

Article 309¹⁶. Admissibility🔗

A claim for compensation of damage caused by a crime or an administrative offence may be considered under the procedure established by this Chapter.

Law of Georgia of 15 December 2010 No. 4075 - LHG I, No. 76, 29.12.2010, Art. 505

Article 309¹⁷. Claim for compensation of damage🔗

1. A claim for compensation of damage shall be accompanied by a court judgment that has entered into legal force or an administrative-legal act issued on a case of administrative offence by the body/official considering the case of administrative offence, which confirms the fact of causing damage.

2. If the court judgment that has entered into legal force or the administrative-legal act issued by the body/official considering the case of administrative offence does not contain the calculation of the damage caused, the claim for compensation of damage may also be accompanied by a document drawn up by an authorised person/body, which determines the amount of the damage caused.

Law of Georgia of 15 December 2010 No. 4075 - LHG I, No. 76, 29.12.2010, Art. 505

Article 309¹⁸. Jurisdiction🔗

A claim for compensation of damage shall be filed with the court under the procedure established by this Code.

Article 309¹⁹. Consideration of the issue of acceptance of a claim for compensation of damage🔗

1. Within 3 days of the filing of a claim for compensation of damage, the judge shall consider the issue of its acceptance.

2. If the judge establishes that the claim for compensation of damage does not meet the requirements established by this Code, he/she shall issue a ruling on refusal to accept the claim and shall return the claim to the claimant together with the attached documents.

3. A court ruling on refusal to accept a claim for compensation of damage shall be appealed by way of a private complaint.

4. After acceptance of the claim for compensation of damage, the claim and copies of the attached documents shall be sent to the defendant immediately, under the procedure established by Article 201 of this Code, and a time limit shall be set for submitting the response, which shall not exceed 7 days.

Law of Georgia of 15 December 2010 No. 4075 - LHG I, No. 76, 29.12.2010, Art. 505

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Article 309²⁰. Consideration of a claim for compensation of damage🔗

1. The court shall consider a claim for compensation of damage within 1 month of its acceptance for proceedings.

2. When considering a claim for compensation of damage, the court shall consider established the fact of causing damage, which is confirmed by a court judgment that has entered into legal force or by an administrative-legal act issued on a case of administrative offence by the body/official considering the case of administrative offence.

Law of Georgia of 15 December 2010 No. 4075 - LHG I, No. 76, 29.12.2010, Art. 505

Article 309²¹. Appeal against a court judgment on compensation for damage🔗

A court judgment on compensation for damage shall be appealed to the appellate court within 7 days.

Law of Georgia of 15 December 2010 No. 4075 – LHG I, No. 76, 29.12.2010, Art. 505

Article 309²². Procedure for the consideration of matters provided for by the Law of Georgia "On Entrepreneurs"🔗

1. Matters provided for by the Law of Georgia "On Entrepreneurs", except the case on the mandatory sale of shares defined by Chapter XXXIV² of this Code, shall be considered under the general procedure, unless otherwise provided by this Chapter.

2. In the case provided for by the Law of Georgia "On Entrepreneurs", the matter defined by this Chapter shall be considered by the court according to the location of the entrepreneur, except where the removal of a member of the supervisory board of a joint-stock company is requested.

3. Where a judgment (ruling) adopted by the court of first instance on a matter defined by this Chapter is appealed, the appellate court shall be guided by the admissibility and consideration time limits established by this Chapter for the respective procedure.

4. Where the preconditions provided for by law exist, the court shall, under the procedure established by this Article, consider the matter of dismissal of a liquidator appointed by it. A ruling issued on the matter of dismissal of a liquidator shall be appealed by way of a private appeal.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021

Article 309²³. General rule for consideration of the issue of appointment of a person🔗

1. The court shall consider the issue of appointment of a person provided for by the Law of Georgia “On Entrepreneurs” without an oral hearing, except for the exceptions established by this Chapter. The court may order an oral hearing with the participation of the applicant (applicants) and the person to be appointed. Their failure to appear at the oral hearing may not prevent the consideration of the issue on the basis of the written materials submitted.

2. The court shall consider the issue of appointment of a person provided for by the Law of Georgia “On Entrepreneurs” within 1 month and shall issue a relevant ruling. This ruling shall indicate the identification data of the person appointed by the court and the position held by that person. Where several candidates are nominated, the court shall appoint the candidate who most closely matches the position to be held.

3. In the case provided for by the Law of Georgia “On Entrepreneurs”, on the basis of a motion of the applicant (applicants) or of the person to be appointed, the court may, by the ruling provided for by paragraph 2 of this Article, determine the amount of remuneration of the appointed person and the procedure for remuneration of labour.

4. The ruling of the court of first instance may be appealed by way of a private complaint, except where, during the reorganisation of an entrepreneurial company, an independent expert has been appointed to determine the fair value of the share of its partner.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021.

Article 309²⁴. Application on the appointment of a person🔗

1. An application on the appointment of a person provided for by the Law of Georgia “On Entrepreneurs” shall contain:

a) the name of the court;

b) the name of the applicant (applicants), as well as the identity of the person to be appointed, personal number, address, actual place of location, email address, contact telephone and/or other data;

c) an indication of the authority of the applicant (applicants) to apply to the court with a request for the appointment of a person to a specific position;

d) substantiation of the existence of the preconditions for applying to the court established by the Law of Georgia “On Entrepreneurs”;

e) the request of the applicant (applicants) for the appointment of a specific person and the reasons for supporting this person;

f) reference to the evidence attached to the application;

g) the signature of the authorised person.

2. The application on the appointment of a person provided for by the Law of Georgia “On Entrepreneurs” shall be accompanied by the evidence confirming the factual circumstances indicated therein, a receipt confirming payment of the state fee, a certified copy of the identity document of the person to be appointed, the written consent of this person and a duly certified specimen signature.

3. The court, within 3 days from the receipt of the application on the appointment of a person provided for by the Law of Georgia “On Entrepreneurs”, shall verify the preconditions for its admissibility. If the said application does not meet the requirements of this Article or the time limit established by law for applying to the court has been violated, the court shall, by ruling, refuse the applicant (applicants) to accept the application for consideration. This ruling may be appealed by way of a private complaint.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021.

Article 309²⁵. Removal of a member of the supervisory board of a joint-stock company🔗

1. A joint-stock company is entitled to apply to the court with an application requesting the removal of a member of its supervisory board, according to the place of location of the member of the supervisory board subject to removal.

2. The application provided for by paragraph 1 of this Article shall contain:

a) the name of the court;

b) the name of the applicant (applicants), as well as the identity, personal number, address, actual place of location, e-mail address, contact telephone and/or other data of the member of the supervisory board subject to removal;

c) an indication of the authority of the applicant (applicants) to apply to the court with a request for the removal of a member of the supervisory board;

d) substantiation of the existence of the preconditions for applying to the court established by the Law of Georgia "On Entrepreneurs" and of significant grounds for the removal of a member of the supervisory board;

e) the request of the applicant (applicants) for the removal of a specific member of the supervisory board;

f) reference to the evidence attached to the application;

g) the signature of the authorised person.

3. The application provided for by paragraph 1 of this Article shall be accompanied by the evidence confirming the factual circumstances indicated therein, the decision of the supervisory board on the removal of the member of the supervisory board, and a receipt confirming payment of the state fee.

4. Within 3 days of receipt of the application provided for by paragraph 1 of this Article, the court shall verify the preconditions for its admissibility. If the requirements of this Article are violated, the court shall, by ruling, refuse the applicant (applicants) admission of the application for consideration. This ruling may be appealed by way of a private complaint. If the preconditions for the admissibility of the application exist, the court shall notify the member of the supervisory board subject to removal of the request of the entrepreneurial company, send him/her the application and the evidence attached thereto, and schedule a court hearing. The failure of the member of the supervisory board subject to removal to appear at the court hearing cannot prevent consideration of the matter on the basis of the written materials submitted.

5. The member of the supervisory board subject to removal is entitled to submit in writing a position on the application provided for by paragraph 1 of this Article and on the relevant grounds indicated in the minutes of the supervisory board.

6. If the existence of the grounds provided for by the Law of Georgia "On Entrepreneurs" is confirmed, the court shall adopt a judgment on the removal of the member of the supervisory board of the joint-stock company. Otherwise, the court shall refuse the applicant (applicants) satisfaction of the relevant request.

7. A judgment on the removal of a member of the supervisory board of a joint-stock company may be appealed only by way of appellate procedure. An appeal against this judgment shall not suspend its enforcement.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021.

Article 309²⁶. Determination of the fair buyout price of a partner's share in an entrepreneurial company🔗

1. A partner of an entrepreneurial company who voted against the transformation of the entrepreneurial company at the general meeting and who does not agree with the buyout price offered for his/her share may, within 30 days of receipt of the notice on the buyout price of the share, apply to the court with an application requesting the determination of the fair buyout price of the share.

2. The application provided for by paragraph 1 of this Article shall contain:

a) the name of the court;

b) the name, personal number, address, actual location, e-mail address, contact telephone number and/or other data of the applicant (applicants), as well as of the entrepreneurial company;

c) substantiation of the existence of the preconditions for applying to the court established by the Law of Georgia "On Entrepreneurs";

d) data on the person to be appointed as an independent expert;

e) an indication that the time limit for applying to the court has been observed;

f) the claim of the applicant (applicants);

g) reference to the evidence attached to the application;

h) the signature of the authorised person.

3. The application provided for by paragraph 1 of this Article shall be accompanied by the evidence confirming the factual circumstances indicated therein and a receipt confirming payment of the state fee.

4. Within 3 days of receipt of the application provided for by paragraph 1 of this Article, the court shall verify its admissibility. If the requirements of this Article are violated, the court shall, by a ruling, refuse the applicant (applicants) admission of the application for consideration. This ruling may be appealed by a private complaint. Otherwise, the court shall notify the entrepreneurial company of its partner's claim and, in order to determine the fair buyout price of the share, shall appoint an independent expert in accordance with the procedure established by Article 309¹² of this Code.

5. The issue of determining the fair buyout price of a partner's share shall be considered without an oral hearing. The court may schedule a court hearing with the participation of the partner and the entrepreneurial company. Their non-appearance at the court hearing shall not prevent consideration of the issue on the basis of the written materials submitted.

6. The court shall issue a ruling on the issue of determining the fair buyout price of a partner's share. When determining the fair buyout price of a partner's share, the court shall take into account:

a) the value of the share;

b) the expected revenues to be received by the entrepreneurial company;

c) the assets of the entrepreneurial company (including the entrepreneurial company's reserves, business reputation, experience, prospects and business connections) and liabilities.

7. The ruling provided for by paragraph 6 of this Article may be appealed by a private complaint.

Law of Georgia of 2 August 2021 No. 888 – website, 4 August 2021.

Article 309²⁷. Determination of the place of storage of documents of an entrepreneurial company🔗

1. The liquidator or a partner of an entrepreneurial company, in the case provided for by the Law of Georgia “On Entrepreneurs”, is entitled to apply to the court with an application requesting the determination of the place of storage of the documents of the entrepreneurial company.

2. The application provided for by paragraph 1 of this Article shall contain:

a) the name of the court;

b) the name of the applicant (applicants), the position held by him (them), personal number, address, actual place of location, e-mail address, contact telephone number and/or other data;

c) substantiation of the existence of the preconditions for applying to the court established by the Law of Georgia “On Entrepreneurs”;

d) identification and contact data of all liquidators of the entrepreneurial company;

e) the names and addresses of the prospective places for storing the documents of the entrepreneurial company, substantiation of the advantage and disadvantage of each of them;

f) the identity of the person(s) responsible for the storage of/inspection of the documents of the entrepreneurial company and his (their) written consent;

g) the request of the applicant (applicants);

h) reference to the evidence attached to the application;

i) the signature of the authorised person.

3. The application provided for by paragraph 1 of this Article shall be accompanied by the evidence confirming the factual circumstances indicated therein, a receipt confirming payment of the state fee, a certified copy of the identity document of the person(s) responsible for the storage of the documents of the entrepreneurial company and the written consent of this person (these persons).

4. Within 3 days from the receipt of the application provided for by paragraph 1 of this Article, the court shall verify its admissibility. If the requirements of this Article are violated, the court shall, by a ruling, refuse the applicant (applicants) admission of the application for consideration. This ruling may be appealed by way of a private complaint. Otherwise, the court shall notify the other liquidator(s) of the entrepreneurial company about the said application and shall grant a procedural time limit for submitting a position. After the expiry of the established time limit, the court shall decide the matter by a ruling, without an oral hearing. The court is entitled to schedule an oral hearing with the participation of the liquidators of the entrepreneurial company. Their failure to appear at the oral hearing shall not prevent the consideration of the matter on the basis of the submitted written materials.

5. The ruling provided for by paragraph 4 of this Article shall indicate the place of storage of the documents of the entrepreneurial company and the identification data of the person(s) responsible for their storage/inspection.

6. The ruling provided for by paragraph 4 of this Article may be appealed by way of a private complaint.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021.

Article 309²⁸. Convocation of an extraordinary general meeting of shareholders🔗

1. The court shall consider the issue of convocation of an extraordinary general meeting of shareholders on the basis of an application of a shareholder (shareholders) holding at least 5% of the capital.

2. If the number of applicant shareholders is more than two, they shall be obliged to appoint a representative for the purpose of applying to the court and conducting the case.

3. The application provided for by paragraph 1 of this Article shall contain:

a) the name of the court;

b) the name, personal number, address, actual location, e-mail address, contact telephone number and/or other data of the applicant (applicants), as well as of the representative;

c) substantiation of the existence of the preconditions for applying to the court established by the Law of Georgia “On Entrepreneurs”;

d) the purpose, reasons and agenda of the convocation of the extraordinary general meeting of shareholders (the agenda shall reflect all issues demanded by the shareholder (shareholders) holding at least 5% of the capital), as well as the identity and identification data of the person to be appointed as the chairperson of the extraordinary general meeting of shareholders, if the appointment of the chairperson of the extraordinary general meeting of shareholders is demanded;

e) the approximate period for holding the extraordinary general meeting of shareholders;

f) the claim of the applicant (applicants);

g) reference to the evidence attached to the application;

h) the signature of the authorised person.

4. The application provided for by paragraph 1 of this Article shall be accompanied by the evidence confirming the factual circumstances indicated therein and the receipt confirming payment of the state fee; in the case of a demand for the appointment of the chairperson of the extraordinary general meeting of shareholders — also a certified copy of the identity document of the person to be appointed as the chairperson of the extraordinary general meeting of shareholders and the written consent of that person; and in the case provided for by paragraph 2 of this Article — also a document confirming the authority of the representative.

5. Within 3 days from the receipt of the application provided for by paragraph 1 of this Article, the court shall verify its admissibility. If the requirements of this Article are violated, the court shall, by a ruling, refuse the applicant (applicants) to accept the application for consideration. This ruling shall be appealed by way of a private complaint within 5 days from its delivery. Otherwise, the court shall notify the entrepreneurial company of the shareholder's (shareholders') demand and shall set a period of 3 days for submitting a response position. Within 5 days after the expiry of the established period, the court shall consider the issue on the merits, without an oral hearing, and shall issue an appropriate ruling. The court may schedule a court hearing with the participation of the partner and the entrepreneurial company. Their failure to appear at the court hearing cannot impede the consideration of the issue on the basis of the written materials submitted.

6. The court shall decide the issue of convening an extraordinary general meeting of shareholders by ruling. If the request is granted, the court shall determine the calendar month for holding the extraordinary general meeting of shareholders and shall grant the applicant shareholder (shareholders) the authority to convene the extraordinary general meeting of shareholders. The court may also appoint the chairman of the extraordinary general meeting of shareholders.

7. A ruling issued on the issue of convening an extraordinary general meeting of shareholders shall be subject to appeal by private complaint from the date of service.

Law of Georgia No. 888 of 2 August 2021 – website, 04.08.2021.

Article 309²⁹. Addition of an issue to the agenda of the general meeting of shareholders🔗

1. A court shall consider a request to add an issue to the agenda of the general meeting of shareholders on the basis of an application by a shareholder (shareholders) holding at least 5% of the capital.

2. If the number of applicant shareholders is more than two, they shall be obliged to appoint a representative for the purpose of applying to the court and conducting the case.

3. The application provided for by paragraph 1 of this Article shall contain:

a) the name of the court;

b) the name, personal number, address, actual place of location, e-mail address, contact telephone number and/or other data of the applicant (applicants), as well as of the representative;

c) substantiation of the existence of the preconditions for applying to the court established by the Law of Georgia "On Entrepreneurs";

d) the list of issues submitted to the agenda of the general meeting of shareholders and substantiation of the need for their inclusion in the agenda;

e) the request of the applicant (applicants);

f) reference to the evidence attached to the application;

g) the signature of the authorised person.

4. The application provided for by paragraph 1 of this Article shall be accompanied by the evidence confirming the factual circumstances indicated therein and the receipt confirming payment of the state fee, and in the case provided for by paragraph 2 of this same Article — also the document confirming the authority of the representative.

5. Within 3 days of receipt of the application provided for by paragraph 1 of this Article, the court shall verify its admissibility. If the requirements of this Article are violated, the court shall, by ruling, refuse the applicant (applicants) admission of the application for consideration. This ruling may be appealed by way of a private complaint within 5 days of its delivery. Otherwise, the court shall notify the entrepreneurial company of the shareholder's (shareholders') request and shall set a period of 3 days for submitting a response position. Within 5 days after the expiry of the established period, the court shall consider the issue on the merits, without an oral hearing, and shall issue an appropriate ruling. The court may schedule a court hearing with the participation of the partner and the entrepreneurial company. Their failure to appear at the court hearing shall not prevent consideration of the issue on the basis of the written materials submitted.

6. The court shall issue a ruling on the request to add an issue to the agenda of the general meeting of shareholders. If this request is granted, the court shall grant the applicant shareholder (shareholders) the authority to add an issue to the agenda of the general meeting of shareholders by publication.

7. The ruling provided for by paragraph 6 of this Article may be appealed by way of a private complaint.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021.

Article 309³⁰. Convocation of the general meeting of a cooperative🔗

In the event of a demand by 10% of the members of the cooperative or by the number of members provided for by its charter, the court, in accordance with the procedure established by Article 309²⁸ of this Code, shall consider the issue of granting the applicant members of the cooperative the authority to convoke the general meeting of the cooperative.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021.

Article 309³¹. Reduction of the term for distribution of the property of an entrepreneurial society🔗

1. At the request of a partner of an entrepreneurial society or of a liquidator, in the case provided for by the Law of Georgia "On Entrepreneurs", the court shall consider the issue of reducing the term for distribution of the property of the entrepreneurial society.

2. The application provided for by paragraph 1 of this Article shall contain:

a) the name of the court;

b) the name of the applicant (applicants), as well as of the representative, the personal number, address, actual location, e-mail address, contact telephone number and/or other data;

c) substantiation of the existence of the preconditions for applying to the court established by the Law of Georgia "On Entrepreneurs";

d) the claim of the applicant (applicants);

e) reference to the evidence attached to the application;

f) the signature of the authorised person.

3. The application provided for by paragraph 1 of this Article shall be accompanied by the evidence confirming the factual circumstances indicated therein (including a document confirming the publication of the application on the dissolution of the entrepreneurial society and an independent expert's opinion that all obligations have been performed and the distribution of the property of the entrepreneurial society does not pose a threat to creditors) and a receipt confirming payment of the state fee.

4. Within 3 days of receipt of the application provided for by paragraph 1 of this Article, the court shall verify its admissibility. If the requirements of this Article are violated, the court shall, by ruling, refuse the applicant (applicants) admission of the application for consideration. This ruling may be appealed by private complaint within 5 days of its delivery. Otherwise, the court shall, within the following 5 days, consider the issue on the merits, without an oral hearing, and shall issue an appropriate ruling. The court may schedule a court hearing with the participation of the applicant (applicants). His (their) failure to appear at the court hearing cannot prevent consideration of the issue on the basis of the submitted written materials.

5. If the relevant claim is satisfied, the court shall set a 3-month term for the distribution of the property of the entrepreneurial society, which shall be counted from the publication of the application on the dissolution of the entrepreneurial society.

6. The ruling provided for by paragraph 4 of this Article may be appealed by private complaint within 5 days.

Law of Georgia of 2 August 2021 No. 888 – website, 04.08.2021.

Article 310. Cases to be considered by a court under the rules of non-contentious proceedings🔗

Under the rules of non-contentious proceedings the court considers cases:

a) concerning the establishment of facts of legal significance;

b) concerning the recognition of a citizen as missing and the declaration of a citizen as deceased;

c) (removed - 20.03.2015, No. 3340);

d) concerning the restoration of rights to a lost bearer security and an order security (challenge proceedings);

e) concerning the recognition of property as ownerless;

f) (removed);

g) concerning adoption;

h) concerning the recognition of a child as abandoned;

i) concerning the giving of consent to living donation.

Law of Georgia of 24 June 2004 No. 177 - LHG I, No. 19, 15.07.2004, Art. 78

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 18 December 2007 No. 5628 - LHG I, No. 48, 27.12.2007, Art. 418

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015

Law of Georgia of 24 June 2016 No. 5580 - website, 13.07.2016

Article 311. Consideration of cases under the rules of non-contentious proceedings🔗

1. The court considers cases under the rules of non-contentious proceedings in accordance with the rules established by this Code, taking into account the amendments and additions provided for by Chapters XXXV–XLII. When considering a case under the rules of non-contentious proceedings, the court summons the persons interested in the consideration of that case.

2. If, when considering a case under the rules of non-contentious proceedings, a dispute arises concerning such rights as fall within the jurisdiction of the court, the court shall leave the application unexamined and shall explain to the interested persons that they have the right to file a claim on general grounds.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 312. Cases to be considered by a court concerning the establishment of facts of legal significance🔗

1. The court establishes facts on which the origin, change or termination of the personal or property rights of citizens and organisations depends.

2. The court considers cases:

a) concerning the establishment of family relations between persons;

b) concerning the establishment of the fact of a person being a dependent;

c) concerning the establishment of the facts of paternity, registration of marriage, divorce, change of name and/or surname, or adoption;

d) concerning the establishment of the fact that a document establishing a right belongs to the person whose name, father's name or surname as indicated in the documents does not match the name, father's name or surname indicated in that person's passport or birth certificate;

e) (removed);

f) (removed);

g) (removed);

h) concerning the establishment of the fact of acceptance of inheritance and the place of opening of the inheritance;

i) (removed).

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 21 March 2008 No. 5977 - LHG I, No. 9, 04.04.2008, Art. 64

Law of Georgia of 20 December 2011 No. 5569 - website, 28.12.2011

Article 313. Conditions necessary for the establishment of facts of legal significance🔗

1. The court shall establish facts of legal significance only where it is impossible to obtain documents confirming these facts in another manner or to restore lost documents.

2. (deleted).

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 313¹. (deleted)🔗

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 314. Filing of an application🔗

An application for the establishment of a fact of legal significance shall be filed with the court according to the place of residence of the applicant.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 315. Content of the application🔗

The application shall state the purpose for which the applicant needs the establishment of this fact, and evidence shall also be submitted confirming the impossibility for the applicant to obtain the relevant documents or to restore lost documents.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 316. Judgment of the court on the establishment of a fact of legal significance🔗

A judgment of the court on the establishment of a fact of legal significance, which must be registered with the civil acts registration body or another body, shall be the basis for such registration and formalization, but may not replace the documents to be issued by these bodies.

Law of Georgia No. 5569 of 20 December 2011 – website, 28.12.2011

Article 316¹. Procedure for the consideration and appeal of decisions in cases concerning the establishment of facts of legal significance🔗

1. Cases concerning the establishment of facts of legal significance shall be considered by a judge or the relevant civil servant of the court in accordance with the rules established by Article 311 of this Code.

2. A decision rendered by the relevant civil servant of the court may be appealed to the same court by filing a complaint within 10 days from the delivery of the reasoned decision to the party.

Law of Georgia No. 5265 of 11 November 2011 – website, 24.11.2011

Article 316². Filing of an application🔗

1. Under the Law of Georgia “On Transplantation of Human Organs”, an application for obtaining consent to living donation by a person having a close personal relationship with the recipient shall be filed with the court according to the donor's place of residence.

2. An application for obtaining consent to living donation may be filed by the recipient, the donor or the Transplantation Council.

Law of Georgia of 24 June 2016 No. 5580 – website, 13.07.2016.

[Article 316². Filing of an application

1. Under the Law of Georgia “On Transplantation of Human Organs”, an application for obtaining consent to living donation shall be filed with the court according to the donor's place of residence.

2. An application for obtaining consent to living donation may be filed by the recipient, the donor or the Living Donation Commission. (shall enter into force from 1 September 2026)]

Law of Georgia of 1 November 2023 No. 3620 – website, 22.11.2023.

Law of Georgia of 13 December 2024 No. 128 – website, 30.12.2024.

Article 316³. Content of the application🔗

1. The application for obtaining consent to living donation shall indicate the nature of the close personal relationship existing between the donor and the recipient, the donor's personal and family situation and the purpose of removing the donor's organ.

2. The application for obtaining consent to living donation shall be accompanied by:

a) evidence confirming the existence of a close and stable emotional bond between the donor and the recipient for not less than 2 years;

b) evidence that no living donor has been found among the persons defined by subparagraphs „b.a“, „b.b“ and „b.c“ of Article 18 of the Law of Georgia on Human Organ Transplantation;

c) evidence that there is no available alternative method of treatment for preserving the recipient's life, curing him/her of a serious illness, halting the progression of the disease or improving the state of health;

d) a certificate on the state of health confirming the indication for transplantation;

e) the donor's consent;

f) a conclusion on the antigenic compatibility of the donor and the recipient;

g) a certificate on the health of the potential donor.

Law of Georgia of 24 June 2016 No. 5580 – website, 13.07.2016.

[Article 316³. Content of the application

1. The application for obtaining consent to living donation shall indicate the purpose of obtaining the donor's organ, the donor's personal and family situation and the nature of the kinship or close personal relationship (emotional bond) existing between the donor and the recipient.

2. The application for obtaining consent to living donation shall be accompanied by:

a) in the case of the existence of a kinship between the donor and the recipient:

a.a) a certificate confirming compliance with the condition provided for by subparagraph „a“ of paragraph 2 of Article 15 of the Law of Georgia on Human Organ Transplantation, as well as, where necessary, with the condition provided for by subparagraph „g“ of the same paragraph;

a.b) evidence confirming the existence of a kinship between the donor and the recipient in accordance with paragraph 2 of Article 16 of the Law of Georgia on Human Organ Transplantation;

a.c) evidence that the corresponding organ of a deceased person is not available and that no other alternative method of treatment with a similar effect exists;

a.d) a certificate on the recipient's state of health confirming the indication for organ transplantation;

a.e) the donor's consent to living donation;

a.f) a conclusion on the antigenic compatibility of the donor and the recipient;

a.g) a certificate on the state of health of the potential donor, as well as evidence confirming that a medical and psychological examination of the donor and an assessment of the risks to life and health have been carried out and that it has been established that the removal of the donation organ will not create a serious threat to his/her mental and physical health;

a.h) the consent of the Living Donation Commission to living donation;

b) in the event of the existence of a close personal relationship (emotional connection) between the donor and the recipient:

b.a) evidence confirming the existence of a close, personal and stable emotional connection between the donor and the recipient for not less than 2 years;

b.b) evidence that no living donor could be found among the persons provided for by paragraph 2 of Article 16 of the Law of Georgia “On Transplantation of Human Organs”;

b.c) evidence that no other alternative available method of treatment exists for the recipient for the preservation of life, for recovery from his/her serious illness, for halting the progression of the disease or for improvement of the state of health;

b.d) the information and evidence provided for by subparagraphs “a.a” and “a.c”–“a.h” of this paragraph. (shall enter into force from 1 September 2026)]

Law of Georgia No. 3620 of 1 November 2023 – website, 22.11.2023.

Law of Georgia No. 128 of 13 December 2024 – website, 30.12.2024.

Article 316⁴. Action of the court after receipt of the application🔗

When preparing a case for court hearing, the court shall ascertain:

a) whether economic, social or psychological factors influence the donor's consent;

b) whether the donor's consent is conditioned by the receipt of promised or actual compensation;

[ b) whether the donor's consent is conditioned by the promise/offer or actual receipt of monetary remuneration or any other benefit; (shall enter into force from 1 September 2026)]

c) whether the donor is aware that he/she may, at any time and without explaining the reasons, refuse the removal of the organ;

d) other necessary circumstances.

Law of Georgia No. 5580 of 24 June 2016 – website, 13.07.2016.

Law of Georgia No. 3620 of 1 November 2023 – website, 22.11.2023.

Law of Georgia No. 128 of 13 December 2024 – website, 30.12.2024.

Article 316⁵. Court judgment🔗

A court judgment by which the court grants consent to a person's being a living donor on the basis of the existence of a close personal relationship with the recipient is the court's consent for the purposes of subparagraph “g” of Article 18 of the Law of Georgia “On Transplantation of Human Organs”.

Law of Georgia No. 5580 of 24 June 2016 – website, 13.07.2016.

[Article 316⁵. Court judgment

A court judgment by which the court grants consent to living donation is the court's consent for the purposes of subparagraph “f” of paragraph 2 of Article 15 and paragraph 2 of Article 20 of the Law of Georgia “On Transplantation of Human Organs”. (shall enter into force from 1 September 2026)]

Law of Georgia No. 3620 of 1 November 2023 – website, 22.11.2023.

Law of Georgia No. 128 of 13 December 2024 – website, 30.12.2024.

Article 316⁶. Rules for the consideration of a case on giving consent to living donation and for appealing a court judgment🔗

1. The court shall consider a case on giving consent to living donation in accordance with the procedure established by Article 311 of this Code.

2. A court judgment may be appealed by filing a complaint with the same court within 10 days from the delivery of the reasoned court judgment to the party.

Law of Georgia of 24 June 2016 No. 5580 – website, 13 July 2016.

Article 317. Filing of an application🔗

An application for the recognition of a citizen as missing or the declaration of a citizen as deceased shall be filed with the court by an interested person according to the place of residence of the applicant.

Article 318. Content of the application🔗

The application shall state the purpose for which the applicant needs the recognition of the citizen as missing and his/her declaration as deceased, as well as the circumstances confirming that the citizen has gone missing, or which exposed the missing person to a danger of death or give grounds for presuming his/her death as a result of a certain accident.

Article 319. Action of the court after receipt of the application🔗

When preparing the case for court hearing, the court shall ascertain which persons can provide information about the missing person, and shall also make inquiries of the appropriate bodies about the missing person according to his/her last place of residence or place of work.

Law of Georgia of 11 November 2011 No. 5265 – website, 24 November 2011.

Article 320. Court judgment🔗

1. A court judgment by which a citizen is recognised as missing constitutes the ground for the property of the missing person to be transferred for management in the form of entrusted property to his/her legal heirs.

2. A court judgment by which a person is declared deceased is the ground for the civil acts registration body to carry out the registration of death.

Law of Georgia of 20 December 2011 No. 5569 – website, 28 December 2011.

Article 321. Consequences of the appearance of a person recognised as missing or declared deceased, or of the discovery of his/her whereabouts🔗

In the event of the appearance of a person recognised as missing or declared deceased, or of the discovery of his/her whereabouts, the court shall, by a new judgment, set aside its previous judgment. The new judgment is the ground for the cancellation of the record of the death act in the civil acts registration body.

Law of Georgia of 20 December 2011 No. 5569 – website, 28 December 2011.

Article 321¹. Procedure for the consideration and appeal of a judgment in cases concerning the recognition of a citizen as missing and the declaration of a citizen as deceased🔗

1. Cases concerning the recognition of a citizen as missing and the declaration of a citizen as deceased shall be considered by a judge or the relevant civil servant of the court in accordance with the rules established by Article 311 of this Code.

2. A judgment delivered by the relevant civil servant of the court may be appealed by filing a complaint with the same court within 10 days from the delivery of the reasoned judgment to the party.

Law of Georgia of 11 November 2011 No. 5265 – website, 24.11.2011.

Article 322. (removed)🔗

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 323. (removed)🔗

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 324. (removed)🔗

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 325. (removed)🔗

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 326. (removed)🔗

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 327. (removed)🔗

Decision of the Constitutional Court of Georgia of 8 October 2014 No. 2/4/532,533 – website, 28.10.2014.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 328. Filing of an application🔗

1. In the event of the loss or destruction of a bearer security or an order security, a person may, in the cases provided by law, request the court to declare the lost or destroyed security invalid and to restore the right thereto.

2. The application shall be filed with the court according to the location of the institution issuing the document indicated in this Article.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 329. Content of the application🔗

The application shall indicate the distinguishing features of the lost or destroyed document, the name of the institution issuing the document, as well as the circumstances of the loss of the document.

Article 330. Action of the judge after receipt of the application🔗

1. After receipt of the application, the judge shall deliver a ruling on prohibiting the institution (person) issuing the document from making any payment and issuance under this document, as well as on publication in the local press at the expense of the applicant.

2. Refusal to deliver such a ruling may be appealed by a private complaint.

Article 331. Publication🔗

The publication shall contain:

a) the name of the court to which the application concerning the loss of the document has been submitted;

b) the name and place of residence of the applicant;

c) the name and distinguishing features of the document;

d) a proposal to the holder of the document whose loss has been applied for, to submit to the court, within three months from the date of publication, an application concerning his right to this document.

Article 332. Application of the holder of the document🔗

The holder of the document whose loss has been declared shall be obliged, before the expiry of the 3-month period from the date of publication, to submit to the court issuing the ruling an application concerning his right to the document and, together with this, to present the original of the document as well.

Article 333. Action of the judge after receipt of an application from the holder of the document🔗

1. If the holder of the document has submitted an application to the court before the expiry of the 3-month period from the date of publication, the court shall leave the application concerning the loss of the document unexamined and shall set a time limit during which it shall prohibit the institution (person) issuing the document from making payment and issuance under this document. This time limit may not exceed 2 months.

2. At the same time, the court shall explain to the applicant his right to bring a claim for the recovery of the document under the general procedure against the person in possession of the document, and to the latter — his right to recover from the applicant the loss caused by the prohibitory measure. A private complaint may be filed against the court's ruling.

Article 334. Setting of the case for examination🔗

The court shall examine the case concerning the declaration of lost documents as invalid after the expiry of the 3-month period from the date of publication, if no application specified in Article 332 has been received from the holder of the document.

Article 335. Court judgment on the application🔗

If the applicant's request is granted, the court shall deliver a judgment by which it declares the lost document invalid. This judgment entitles the applicant to receive the deposit or a new document in place of the document declared invalid.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 336. Right of the holder of the document to bring a claim for unjust acquisition of property🔗

The holder of the document who, for some reason, has not timely declared his right to this document, after the court judgment declaring the lost document invalid enters into legal force, may bring a claim for the unjust acquisition or saving of property against the person who has been granted the right to receive a new document in place of the lost one.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 337. Submission of the application🔗

An application for the declaration of property as ownerless shall be submitted to the court by the person who has taken possession of the property according to the place of residence of a natural person or the location of a legal entity.

Article 338. Content of the application🔗

The application on declaring property ownerless shall indicate: which property shall be declared ownerless; what are the distinguishing features of this property, evidence confirming the abandonment of the property by the owner without the intention of retaining the right of ownership over this property; also evidence that the applicant has taken possession of property the appropriation of which is not prohibited by law and does not violate the rights of the person who had the right to appropriate this thing.

Article 339. Publication🔗

After receipt of the application, the court shall publish a notice in a local newspaper, which shall contain:

a) the name of the court which shall render the judgment on declaring the property ownerless;

b) the identity of the applicant;

c) the description of the property which is to be declared ownerless;

d) a demand addressed to the persons who may have a claim to the property which is to be declared ownerless, to declare their rights to the court within 3 months from the date of publication.

Article 340. Protection of the right to property by way of action🔗

1. If within the period provided for by subparagraph "d" of Article 339 an application concerning a right to property is filed with the court, the court by its ruling shall leave the application on declaring the property ownerless without consideration and shall address the applicant with a proposal to bring a declaratory action against the person who declared his right to the property.

2. If before the expiry of the appointed period no application concerning a right to property is filed with the court, the court shall consider the case and shall question the persons who can provide information on the ownership of the property, and shall also request information from the relevant bodies.

Article 341. Court judgment🔗

If the court finds that the property has no owner, or that this property has been abandoned by the owner without the intention to retain the right of ownership over this property, it shall render a judgment on declaring the movable property ownerless and transferring it into the ownership of the person who took possession of this property.

Article 342. (removed)🔗

Law of Georgia of 24 June 2004 No. 177 - LHG I, No. 19, 15.07.2004, Art. 78

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Article 343. (removed)🔗

Law of Georgia of 24 June 2004 No. 177 - LHG I, No. 19, 15.07.2004, Art. 78

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Article 344. (removed)🔗

Law of Georgia of 23 April 2003 No. 2105 – LHG I, No. 12, 21.05.2003, Art. 63

Law of Georgia of 24 June 2004 No. 177 - LHG I, No. 19, 15.07.2004, Art. 78

Law of Georgia of 25 November 2005 No. 2130 - LHG I, No. 53, 19.12.2005, Art. 350

Article 345. (Repealed)🔗

Law of Georgia No. 177 of 24 June 2004 – LHG I, No. 19, 15.07.2004, Art. 78

Law of Georgia No. 2130 of 25 November 2005 – LHG I, No. 53, 19.12.2005, Art. 350

Article 346. (Repealed)🔗

Law of Georgia No. 177 of 24 June 2004 – LHG I, No. 19, 15.07.2004, Art. 78

Law of Georgia No. 2130 of 25 November 2005 – LHG I, No. 53, 19.12.2005, Art. 350

Article 347. (Repealed)🔗

Law of Georgia No. 177 of 24 June 2004 – LHG I, No. 19, 15.07.2004, Art. 78

Law of Georgia No. 2130 of 25 November 2005 – LHG I, No. 53, 19.12.2005, Art. 350

Article 348. (Repealed)🔗

Law of Georgia No. 2130 of 25 November 2005 – LHG I, No. 53, 19.12.2005, Art. 350

Article 349. Application for adoption🔗

An application for adoption shall be filed with the court according to the place of residence of the adopter or of the adoptee.

Article 350. Content of the application🔗

1. The application for adoption shall indicate the data on the adoptee and the adopter (adopters), as well as the circumstances confirming that the adoption is being carried out for the welfare and interests of the child.

2. The application shall be accompanied by:

a) the consent of the spouse, where the child is adopted by one of the spouses;

b) the consent of the parents of the child to be adopted, where such exist.

3. The court may, at the request of the applicant or on its own initiative, request evidence relevant to the correct resolution of the case.

4. An adoption case shall be examined at a closed court hearing. The parties may request that an open court hearing be held. If the adopter (adopters) and a child aged 10 years or over 10 years, or his/her representative, cannot agree whether the court hearing should be closed or open, the court shall decide the matter. Where a child under 10 years of age attends the court hearing, the court shall decide the said matter taking into account his/her age, state of health and degree of maturity.

Law of Georgia No. 1956 of 13 May 1999 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia No. 2078 of 9 June 1999 – LHG I, No. 24(31), 26.07.1999, Art. 112

Law of Georgia No. 2385 of 18 December 2009 – LHG I, No. 50, 31.12.2009, Art. 402

Law of Georgia No. 753 of 4 May 2017 – website, 24.05.2017

Law of Georgia No. 5014 of 20 September 2019 – website, 27.09.2019

Law of Georgia No. 5914 of 21 May 2020 – website, 25.05.2020

Article 351. Court judgment🔗

1. If the court finds that the adoption corresponds to the interests of the person to be adopted and serves his or her welfare, it shall deliver a judgment on the adoption, which shall not be announced publicly at the request of the applicant.

2. (deleted – 04.05.2017, No. 753).

3. The adoption is valid from the day the court judgment enters into legal force.

Law of Georgia No. 1956 of 13 May 1999 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia No. 2385 of 18 December 2009 – LHG I, No. 50, 31.12.2009, Art. 402

Law of Georgia No. 753 of 4 May 2017 – website, 24.05.2017

Article 351¹. Rule for the restoration of lost case proceedings🔗

Lost case proceedings may be restored upon an application of the parties.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 351². Filing of an application with the court having jurisdiction🔗

An application for the restoration of lost case proceedings shall be filed with the court, or its legal successor, which delivered the judgment (ruling) on the termination of the proceedings in the lost case. If the lost case proceedings have not been completed, the application shall be filed with the court in whose proceedings the case is pending.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 351³. Content of the application🔗

1. The application shall contain:

a) the name of the court hearing the case;

b) the name of the court which delivered the judgment or ruling on the termination of the proceedings in the lost case;

c) an indication of which part of the lost case proceedings the applicant requests to be restored;

d) an indication of the circumstances which caused the loss of the materials of the said case;

e) an indication of the purpose for which the applicant needs the lost materials to be restored;

f) detailed information related to the case.

2. The application shall be accompanied by the documents or their certified copies which the applicant has and which are related to the case, even if they have not been certified in accordance with the established procedures.

3. The application shall be accompanied by a receipt confirming payment of the state fee, if the case was lost through the fault of the applicant.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 351⁴. Procedure for consideration of an application🔗

1. An application for the restoration of lost proceedings shall be considered by the court with the participation of the parties, however the failure of one or both parties to appear cannot obstruct the consideration of the case. If necessary, the court, on its own initiative or on the basis of a motion of the parties, shall summon persons who can provide the court with information about the restoration of the proceedings. The court shall also be entitled to request information from the appropriate bodies.

2. The court considering the case shall be guided by the remaining materials of the court proceedings, as well as by the claims of the parties or the documents of other persons that were handed to them before the loss of the court proceedings materials, as well as by certified copies of the documents and materials relating to the case. Persons participating in the case shall be entitled to submit to the court for consideration a draft of the judgment that is to be restored, prepared by them.

3. The court shall be entitled to examine as witnesses persons who attended the performance of procedural actions and, if necessary, also those persons who attended the court hearing when the case whose materials were lost was being considered.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 351⁵. Court ruling on the restoration of lost proceedings🔗

The court shall adopt a ruling on the restoration of lost proceedings, which shall state the content of the judgment or ruling by which the lost proceedings were terminated. The ruling shall also indicate what procedural actions were performed during the lost proceedings. The court ruling on the restoration of lost proceedings may be appealed by way of a private complaint.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 351⁶. Impossibility of restoration of lost proceedings🔗

In the event of impossibility of restoration of lost proceedings, the court shall, by its ruling, terminate the proceedings on the restoration of the lost court proceedings. In such a case, the applicant may bring a claim under the general procedure. This ruling may be appealed by way of a private complaint.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Article 351⁷. Definition of terms used in this Chapter🔗

The terms used in this Chapter, for the purposes of this same Chapter, have the following meaning:

a) Convention − the Hague Convention of 25 October 1980 "On the Civil Aspects of International Child Abduction";

b) Central Authority − a structural subdivision of the Ministry of Justice of Georgia;

c) child − a person under 16 years of age;

d) applicant − any person or body that submits an application on matters related to the return of a wrongfully removed or wrongfully retained child or to the exercise of the right of access to the child;

e) court − Tbilisi and Kutaisi city and appellate courts, the Supreme Court of Georgia;

f) custody right – the right provided for by subparagraph "e" of Article 1305⁷ of the Civil Code of Georgia;

g) right of access to the child − the right provided for by subparagraph "f" of Article 1305⁷ of the Civil Code of Georgia;

h) wrongful removal of a child − the violation of the custody right attributed to a person or body individually or jointly to them, which was ensured by the legislation of the State in which the child habitually resided immediately before the wrongful removal, and which was actually exercised individually or jointly at the time of the child's removal and/or would have been so exercised but for the wrongful removal, and, moreover, the child was removed from that State to a Contracting State of the Convention without the consent of the person or body having the custody right, and, after his/her request, the child is not returned to the country;

i) wrongful retention of a child – the violation of the custody right attributed to a person or body individually or jointly to them, which was ensured by the legislation of the State in which the child habitually resided immediately before the wrongful retention, and which was actually exercised individually or jointly at the time of the child's retention and/or would have been so exercised but for the wrongful retention, and, moreover, the child was removed from that State to a Contracting State of the Convention for a specified period, as a result of the consent of the person or body having the custody right, however, after the expiry of that period, despite the request of the person or body having the custody right, the child is not returned to the country of his/her habitual residence.

Law of Georgia of 21 June 2011 No. 4869 - website, 06.07.2011.

Law of Georgia of 10 June 2020 No. 6054 – website, 19.06.2020.

Article 351⁸. Scope of regulation🔗

The rules established by this Code apply to cases related to the return of a wrongfully removed or wrongfully retained child or to the exercise of the right of access to the child, taking into account the specificities defined by this Chapter.

Law of Georgia of 21 June 2011 No. 4869 - website, 06.07.2011.

Article 351⁹. Jurisdiction🔗

1. A claim in matters relating to the return of a wrongfully removed or wrongfully retained child or to the exercise of the right of access to the child shall be filed with the court in accordance with the procedure established by this Code.

2. Matters relating to the return of a wrongfully removed or wrongfully retained child or to the exercise of the right of access to the child shall be considered at first instance by the Tbilisi and Kutaisi City Courts according to the child's place of residence. For the purposes of this Chapter, the jurisdiction of the Tbilisi City Court shall cover eastern Georgia, and the jurisdiction of the Kutaisi City Court – western Georgia.

3. A judgment adopted by the Tbilisi and Kutaisi City Courts in relation to the return of a wrongfully removed/retained child or to the exercise of the right of access to the child may, in accordance with the procedure established by this Code, be appealed to the Tbilisi and Kutaisi Courts of Appeal within 2 weeks from the delivery of the reasoned judgment to the party.

4. A judgment adopted by the Tbilisi and Kutaisi Courts of Appeal in relation to the return of a wrongfully removed/retained child or to the exercise of the right of access to the child may, in accordance with the procedure established by this Code, be appealed to the Supreme Court of Georgia within 2 weeks from the delivery of the reasoned judgment to the party.

Law of Georgia of 21 June 2011 No. 4869 - website, 06.07.2011.

Law of Georgia of 10 June 2020 No. 6054 – website, 19.06.2020.

Article 351¹⁰. Application for a court order🔗

If an applicant's claim is filed in matters relating to the return of a wrongfully removed or wrongfully retained child or to the exercise of the right of access to the child, the applicant may, before the court adopts a final judgment, file applications:

a) for the issuance of an order restricting the movement of the child;

b) for the issuance of an order placing the child with an appropriate person or institution;

c) for the issuance of an order establishing the child's place of residence through the relevant state bodies;

d) for the issuance of any other order which the applicant considers appropriate on the basis of the provisions of the Convention.

Law of Georgia of 21 June 2011 No. 4869 - website, 06.07.2011.

Article 351¹¹. Determination of the fact of wrongful removal/retention of a child🔗

1. When determining the fact whether a child was wrongfully removed/retained, the court receiving the claim may directly be guided by the legislation of the State of the child's habitual residence, by a decision of a court or administrative body of that State and/or by a decision of a court or administrative body of a third State, regardless of whether that decision is recognised by the State of the child's habitual residence, without applying the special procedures which it would otherwise apply for the recognition/confirmation/acknowledgement of such a decision in the territory of Georgia.

2. Before taking a decision on the return of the child, the court may require from the applicant any document issued by a State body of the State of the child's habitual residence confirming the wrongfulness of the removal/retention of the child. The Central Authority is entitled to assist the applicant in obtaining such a document.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Law of Georgia of 10 June 2020 No. 6054 – website, 19.06.2020.

Article 351¹². Consequences of accepting a claim concerning the wrongful removal/retention of a child🔗

After receiving from the Central Authority information on the commencement of proceedings for the return of a wrongfully removed/retained child to the country of the child's habitual residence, no court of Georgia is entitled, before taking a decision refusing the return of the wrongfully removed/retained child, to consider the question of the right of guardianship.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Law of Georgia of 10 June 2020 No. 6054 – website, 19.06.2020.

Article 351¹³. Court hearing🔗

1. The court shall hear the child if his/her age, physical and mental condition make this possible.

2. The hearing of the child shall be conducted in accordance with the procedure established by the legislation of Georgia and shall be attended by an expert and/or a social worker.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Article 351¹⁴. Court time limits🔗

1. The court shall take a decision on the return of a wrongfully removed or wrongfully retained child or on the exercise of the right of access to the child in an expedited manner, within six weeks from the acceptance of the case for proceedings.

2. The court shall take a decision within 48 hours on the applications provided for by Article 351¹⁰ of this Code submitted by the applicant.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Article 351¹⁵. Court judgment on the return of a wrongfully removed or wrongfully retained child🔗

1. The court shall adopt a judgment on the return of a wrongfully removed or wrongfully retained child if:

a) the child has been wrongfully removed or wrongfully retained and less than one year has elapsed from the date of his/her wrongful removal or wrongful retention until the moment of filing the claim;

b) more than one year has elapsed from the date of the child's wrongful removal or wrongful retention until the moment of filing the claim and it has not been clearly demonstrated that the child is integrated in his/her new environment.

2. The provisions of this Article do not restrict the right of the court to adopt a judgment on the return of the child at any stage of the proceedings.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Law of Georgia of 10 June 2020 No. 6054 – website, 19.06.2020.

Article 351¹⁶. Court judgment on leaving a wrongfully removed or wrongfully retained child in Georgia🔗

The court is entitled to refuse the return of a wrongfully removed or wrongfully retained child if:

a) more than 1 year has elapsed from the date of the child's wrongful removal/retention until the moment of filing the relevant application or claim and he/she is integrated in the new environment;

b) the person or body requesting the return of the child was not actually exercising guardianship at the time of the child's wrongful removal/retention in Georgia, or consented to or subsequently acquiesced in such removal/retention of the child;

c) the age of the child, his/her physical and mental condition make it possible to take his/her opinion into account, and he/she unequivocally refuses the return;

d) there is a serious risk that the return will expose the child to physical or psychological harm or otherwise place him/her in an intolerable situation.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Law of Georgia of 10 June 2020 No. 6054 – website, 19.06.2020.

Article 351¹⁷. Enforcement of a decision on the return of an unlawfully removed/retained child or on the exercise of the right of access to a child and termination of its enforcement🔗

1. A decision on the return of an unlawfully removed/retained child or on the exercise of the right of access to a child shall include matters related to its enforcement.

2. If, after measures have been taken by the bodies responsible for the enforcement of a decision on the return of an unlawfully removed/retained child in accordance with the legislation of Georgia, the child, who has reached such an age and degree of maturity that it is appropriate to take his/her opinion into account, refuses to return, the case is sent to the court that adopted this decision, which, within 1 week from the acceptance of the case for proceedings, adopts a decision on the termination of the procedure for the enforcement of the said decision. If the best interests of the child so require, this decision shall be adopted through an oral hearing.

3. If an unlawfully removed/retained child refuses to return, the validity of his/her will must be confirmed by a psychologist's report.

4. The procedures for the enforcement of a decision on the return of an unlawfully removed/retained child, the bodies responsible for its enforcement and their powers in the process of the enforcement of this decision shall be determined by the "Procedures for referral and enforcement regarding the return of an unlawfully removed or unlawfully retained child or the exercise of the right of access to a child" approved by the Government of Georgia.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Law of Georgia of 10 June 2020 No. 6054 – website, 19.06.2020.

Article 351¹⁸. Costs🔗

1. The applicant shall be exempt from reimbursement of procedural costs.

2. When adopting a decision related to the return of an unlawfully removed or unlawfully retained child or the exercise of the right of access to a child, the court shall impose on the person who unlawfully removed or unlawfully retained the child, or who obstructed the exercise of the right of access to a child, the reimbursement of the necessary costs incurred by the applicant, including travel costs, any cost or amount paid for determining the child's whereabouts, the costs of the applicant's legal representation and the costs of the child's return.

Law of Georgia of 21 June 2011 No. 4869 – website, 06.07.2011.

Article 351¹⁹. Central authority designated by the Convention🔗

The central authority designated by the Hague Convention of 19 October 1996 "On Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children" is a structural subdivision of the Ministry of Justice of Georgia.

Law of Georgia of 19 March 2014 No. 2111 – website, 1 April 2014.

Article 351²⁰. Execution of a request of the central authority of a State party to the Convention🔗

1. A request of the central authority designated on the basis of the same Convention of a State party to the Hague Convention of 19 October 1996 "On Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children", for the protection of the person and/or property of a child, shall be sent by the structural subdivision of the Ministry of Justice of Georgia to the guardianship and curatorship bodies according to the child's actual location, which shall be obliged, immediately upon receipt of the request, to carry out the measures provided for by the legislation of Georgia.

2. In the case of an application to a court by the guardianship and curatorship bodies for the protection of the person and/or property of a child, the court shall consider the case no later than 6 weeks from acceptance of the case for proceedings.

Law of Georgia of 19 March 2014 No. 2111 – website, 1 April 2014.

Article 352. Scope of application🔗

The rules established by this Code shall apply to marriage and family cases with the additions established in this Chapter.

Article 353. Death of one of the spouses🔗

In the event of the death of one of the spouses, a case initiated in court shall be terminated.

Article 354. Establishment of the circumstances of the case on the initiative of the court🔗

1. The court may, on its own initiative, determine the range of circumstances to be established and, after the explanations of the parties, itself request evidence to which the parties have not referred.

2. Cases arising from family-law relations may not be considered together with cases initiated in respect of claims of a different nature.

Article 355. Interim ruling of the court🔗

1. The court may, on the basis of an application of the parties, adopt an interim ruling in order to regulate:

a) matters of parental care in respect of a child;

b) the relationship of one of the parents with the child;

c) transfer of the child to one of the parents for upbringing;

d) the obligation to maintain a minor under 7;

e) the matter of the provision of material assistance by one of the spouses to the other spouse;

f) the matter of the household and the use of the dwelling;

g) the matter of the collection, by way of advance payment, of costs in connection with the consideration of cases arising from family-law relations.

2. A ruling of the court on the said matters may be delivered without an oral hearing of the case.

3. The court delivering the ruling may, on the basis of an application of the parties, amend or wholly revoke its ruling.

Article 356. Court judgment on divorce or declaration of a marriage as invalid🔗

1. By a judgment rendered on divorce or declaration of a marriage as invalid, the court, if the parties so request by their application, shall decide:

a) the issue of joint parental care of a child born in the marriage;

b) the issue of regulating the relationship of one of the parents with a child born in the marriage;

c) the issue of transferring the child to one of the parents;

d) the issue of providing material support (maintenance) to a child born in the marriage;

e) the issue of mutual maintenance of the spouses.

2. The court shall deliver a single judgment on divorce or declaration of a marriage as invalid and on their consequences. If the court separates other cases arising from marriage cases, it shall issue a ruling on the issues specified in subparagraphs „a“ and „b“ of paragraph 1 of this Article. A private complaint may be filed against such a ruling.

Article 357. (repealed)🔗

Law of Georgia No 70 of 10 December 1999 – LHG I, No 48(55), 16 December 1999, Art. 245

Article 358. (repealed)🔗

Law of Georgia No 70 of 10 December 1999 – LHG I, No 48(55), 16 December 1999, Art. 245

Article 359. (repealed)🔗

Law of Georgia No 2365 of 8 September 1999 – LHG I, No 43(50), 21 September 1999, Art. 214

Law of Georgia No 70 of 10 December 1999 – LHG I, No 48(55), 16 December 1999, Art. 245

Article 360. (repealed)🔗

Law of Georgia No 1972 of 28 May 1999 – LHG I, No 18(25), 1 June 1999, Art. 71

Law of Georgia No 70 of 10 December 1999 – LHG I, No 48(55), 16 December 1999, Art. 245

Article 361. (repealed)🔗

Law of Georgia No 70 of 10 December 1999 – LHG I, No 48(55), 16 December 1999, Art. 245

Article 362. (repealed)🔗

Law of Georgia No 70 of 10 December 1999 – LHG I, No 48(55), 16 December 1999, Art. 245

Article 363. (repealed)🔗

Law of Georgia No 70 of 10 December 1999 – LHG I, No 48(55), 16 December 1999, Art. 245

Article 356¹. Definition of terms🔗

For the purposes of this Chapter, the terms have the following meanings:

a) Racketeering – repeated and organized activity carried out for the purpose of systematically obtaining income or other property benefit, which is connected with the commission of an intentional crime (if the conviction has not been expunged or removed), if it was carried out at least twice within five calendar years, which does not include the period of arrest of the racketeer and serving of the sentence;

b) Racketeering group – a legal entity connected with racketeering through its activities, as well as any association of natural and/or legal persons;

c) Racketeer – a person who independently or together with another person/persons manages the activities of a racketeering group or otherwise participates in the activities of a racketeering group and who knows that this group is a racketeering group, as well as who unlawfully resolves disputes between racketeering groups or between a racketeering group and other persons or participates in their resolution;

d) Official – an official as defined by Article 2 of the Law of Georgia “On Combating Corruption”, a public civil servant, the head of a Legal Entity of Public Law or his/her deputy, as well as a person authorized to manage/represent the enterprise in which the state or municipality owns 50% or more than 50% of the shares (stocks), regardless of whether or not he/she has been dismissed from the position held;

e) Human trafficker – a natural or legal person or a group of persons who committed a crime provided for by Article 143¹ and/or 143² of the Criminal Code of Georgia;

f) Facilitator of the distribution of a narcotic drug – a natural person, legal entity or group of persons who committed a crime provided for by Article 260² or 260⁴ of the Criminal Code of Georgia or another especially grave crime provided for by Chapter XXXIII of the Criminal Code of Georgia or who is a drug trafficker;

g) Member of the “thieves’ world”:

g.a) a person who recognizes the “thieves’ world” and actively participates in its activities, as well as a person who recognizes the “thieves’ world”, has ties with it and there is a combination of clearly expressed signs that the person, by his/her actions, expresses readiness to participate in the activities of the “thieves’ world”;

g.b) a person who in any form manages and/or organizes the “thieves’ world” or, using the methods of activity of the “thieves’ world”, manages and/or organizes a certain group of persons (“thief-in-law”);

h) family member – the spouse, minor child, stepchild of a racketeer, an official, a member of the “thieves' world”, a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted for a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, as well as a person permanently residing with a racketeer, an official, a member of the “thieves' world”, a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted for a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia;

i) close relative – a family member, a relative in the direct ascending or descending line, and a sister, brother, stepchild of a parent or child, sister, brother, parent of the spouse of a racketeer, an official, a member of the “thieves' world”, a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted for a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia;

j) a person connected with a racketeer, an official, a member of the “thieves' world”, a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted for a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia – a person who, on the basis of legal documentation, owns property and there is a reasonable suspicion that it was received as a result of racketeering or was acquired by a racketeer, an official, a member of the “thieves' world”, a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted for a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, and/or that this property is used, is (or was) disposed of by a racketeer, an official, a member of the “thieves' world”, a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted for a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia;

k) racket property – property received as a result of racketeering, income derived from this property, property acquired with income derived from racketeering, as well as the income, property or income derived from property of a racket group, a racketeer, a family member of a racketeer, a close relative or a person connected with a racketeer, for which no document or other evidence confirming its acquisition by lawful means exists;

l) property of an official – the income, property or income derived from property of an official, his/her family member, close relative or a person connected with the official, for which no document or other evidence confirming its acquisition by lawful means exists;

m) property of a member of the “thieves' world” – the income, property or income derived from property of a member of the “thieves' world”, his/her family member or close relative, or a person connected with a racketeer or a member of the “thieves' world”, for which no document or other evidence confirming its acquisition by lawful means exists;

n) property of a human trafficker – income, property or income derived from property of a human trafficker, his/her family member, close relative or a person connected with the human trafficker, for which no document or other evidence confirming its acquisition by lawful means exists;

o) property facilitating the distribution of a narcotic drug – income, property or income derived from property of a person facilitating the distribution of a narcotic drug, his/her family member, close relative or a person connected with the person facilitating the distribution of a narcotic drug, for which no document or other evidence confirming its acquisition by lawful means exists;

p) property of a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia – income, property or income derived from property of a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, his/her family member, close relative or a person connected with the person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, for which no document or other evidence confirming its acquisition by lawful means exists;

q) unlawful property – property, as well as income derived from this property, shares (interest), which has/have been acquired in violation of the requirements of law by a racketeering group, a racketeer, an official, a member of the "thieves' world", a human trafficker, a person facilitating the distribution of a narcotic drug or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, his/her family member, his/her close relative or a person connected with him/her;

r) unjustified property – property, as well as income derived from this property, shares (interest), for which a racketeering group, a racketeer, an official, a member of the "thieves' world", a human trafficker, a person facilitating the distribution of a narcotic drug or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, his/her family member, his/her close relative or a person connected with him/her does not have documents confirming acquisition by lawful means, or which has/have been acquired with monetary funds received as a result of the alienation of unlawful property.

Law of Georgia of 24 June 2004 No. 211 – LHG I, No. 18, 09.07.2004, Art. 64

Law of Georgia of 20 December 2005 No. 2357 – LHG I, No. 57, 29.12.2005, Art. 441

Law of Georgia of 7 December 2006 No. 3838 – LHG I, No. 48, 22.12.2006, Art. 335

Law of Georgia of 4 July 2007 No. 5199 – LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia of 13 November 2013 No. 1525 – website, 22.11.2013

Law of Georgia of 27 October 2015 No. 4370 – website, 11.11.2015

Law of Georgia of 21 December 2016 No. 162 – website, 28.12.2016

Law of Georgia of 18 April 2018 No. 2151 – website, 01.05.2018

Law of Georgia of 30 November 2022 No. 2226 – website, 15.12.2022

Law of Georgia No. 506 of 16 April 2025 – website, 17.04.2025

Law of Georgia No. 929 of 2 July 2025 – website, 03.07.2025

Article 356². Bringing of a claim for the confiscation of the property of a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the spread of a narcotic drug, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, and for its transfer to the State🔗

1. The prosecutor has the right to bring a claim for the confiscation of the property of a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the spread of a narcotic drug, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, and for its transfer to the State, against a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the spread of a narcotic drug, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, within 10 years from the entry into legal force of the court judgment.

2. A claim for the confiscation of racketeering property and for its transfer to the State may be brought against a racketeering group, a racketeer, a member of his family, a close relative, or a person connected with the racketeer.

3. A claim for the confiscation of the property of an official and for its transfer to the State may be brought against the official, a member of his family, a close relative, or a person connected with the official.

4. A claim for the confiscation of the property of a member of the "thieves' world" and for its transfer to the State may be brought against the member of the "thieves' world", a member of his family or a close relative, or a person connected with the member of the "thieves' world".

5. A claim for the confiscation of the property of a human trafficker and for its transfer to the State may be brought against the human trafficker, a member of his family, a close relative, or a person connected with the human trafficker.

6. A claim for the confiscation of the property of a facilitator of the spread of a narcotic drug and for its transfer to the State may be brought against the facilitator of the spread of a narcotic drug, a member of his family, a close relative, or a person connected with the facilitator of the spread of a narcotic drug.

7. A claim for the confiscation of the property of a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia and for its transfer to the State may be brought against the person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, a member of his family, a close relative, or a person connected with the person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia.

Law of Georgia of 24 June 2004 No. 211 – LHG I, No. 18, 09.07.2004, Art. 64

Law of Georgia of 20 December 2005 No. 2357 – LHG I, No. 57, 29.12.2005, Art. 441

Law of Georgia of 7 December 2006 No. 3838 – LHG I, No. 48, 22.12.2006, Art. 335

Law of Georgia No. 5199 of 4 July 2007 - LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia No. 3035 of 4 May 2010 - LHG I, No. 24, 10.05.2010, Art. 163

Law of Georgia No. 1525 of 13 November 2013 - website, 22.11.2013

Law of Georgia No. 2151 of 18 April 2018 – website, 01.05.2018

Article 356³. Declaration of property as racketeering property, declaration as illegal and unjustified of the property of a member of a racketeering group, a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of narcotic drugs, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia🔗

1. A judge shall declare property as racketeering property if, in the course of the proceedings, on the basis of the assessment of relevant evidence, it has been established that the property was obtained as a result of racketeering, constitutes income from property obtained as a result of racketeering, was acquired with income obtained from racketeering, or there is no document or other evidence confirming the acquisition of the property of a racketeering group, a racketeer, his family member, a close relative or a person connected with the racketeer by lawful means.

2. The claimant shall be obliged to submit to the court evidence regarding the racketeering nature of the defendant's property.

3. A judge shall declare as illegal the property of a member of a racketeering group, a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of narcotic drugs, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, of his family member or close relative, or of a person connected with a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of narcotic drugs, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, if, in the course of the proceedings, on the basis of the assessment of relevant evidence, the court has established that the property or the means necessary for the acquisition of this property were obtained in violation of the requirements of the law.

4. The claimant shall be obliged to submit to the court evidence regarding the illegality of the defendant's property.

5. A judge shall declare as unjustified the property of a member of a racketeering group, a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of narcotic drugs, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, of his family member or close relative, or of a person connected with a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of narcotic drugs, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, if, in the course of the proceedings, the defendant failed to submit to the court documents confirming the acquisition of the property or of the financial means necessary for the acquisition of this property by lawful means or the payment of the taxes established by the legislation of Georgia on the said property.

6. The defendant shall be obliged to submit to the court evidence regarding the lawfulness and justification of his property.

Law of Georgia of 24 June 2004 No. 211 – LHG I, No. 18, 09.07.2004, Art. 64

Law of Georgia of 20 December 2005 No. 2357 – LHG I, No. 57, 29.12.2005, Art. 441

Law of Georgia of 7 December 2006 No. 3838 – LHG I, No. 48, 22.12.2006, Art. 335

Law of Georgia of 4 July 2007 No. 5199 – LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia of 13 November 2013 No. 1525 – website, 22.11.2013

Law of Georgia of 18 April 2018 No. 2151 – website, 01.05.2018

Article 356⁴. Seizure of property🔗

If there is data that property in the possession of a racketeering group, a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted of a crime under Article 194 and/or 331¹ of the Criminal Code of Georgia, of his family member or close relative, or of a person connected with a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of a narcotic drug, or a person convicted of a crime under Article 194 and/or 331¹ of the Criminal Code of Georgia, is being concealed or spent or otherwise alienated, the prosecutor shall be obliged to apply to the court with an application for the seizure of the property, including bank accounts.

Law of Georgia of 24 June 2004 No. 211 – LHG I, No. 18, 09.07.2004, Art. 64

Law of Georgia of 20 December 2005 No. 2357 – LHG I, No. 57, 29.12.2005, Art. 441

Law of Georgia of 7 December 2006 No. 3838 – LHG I, No. 48, 22.12.2006, Art. 335

Law of Georgia of 4 July 2007 No. 5199 – LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia of 13 November 2013 No. 1525 – website, 22.11.2013

Law of Georgia of 18 April 2018 No. 2151 – website, 01.05.2018

Article 356⁵. Legal consequences of declaring property racketeering, illegal or unjustified🔗

1. If the court, in accordance with Article 356³ of this Code, declared property to be racketeering, or declared the property of a member of a racketeering group, a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of drug distribution, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, of his family member or close relative, or of a person connected with a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of drug distribution, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, to be illegal or unjustified, such property shall be transferred to its lawful owner after satisfaction of the legitimate interests of a third person, and in the event of impossibility of establishing the lawful owner – to the State.

2. If the racketeering nature, illegality or unjustified nature of the property is partially confirmed, to its lawful owner, and in the event of impossibility of establishing the lawful owner – to the State, shall be transferred that part of the defendant's property whose non-racketeering nature, lawfulness or justification the defendant cannot confirm by court procedure.

3. If it is impossible to return the racketeering, illegal or unjustified property in its original condition to the lawful owner or to the State, the defendant shall be obliged to pay the equivalent monetary amount of this property.

4. The court's judgment on the transfer of racketeering, illegal or unjustified property to the lawful owner or to the State shall be enforced in accordance with the procedure established by the Law of Georgia "On Enforcement Proceedings".

Law of Georgia of 24 June 2004 No. 211 - LHG I, No. 18, 09.07.2004, Art. 64

Law of Georgia of 20 December 2005 No. 2357 - LHG I, No. 57, 29.12.2005, Art. 441

Law of Georgia of 7 December 2006 No. 3838 - LHG I, No. 48, 22.12.2006, Art. 335

Law of Georgia of 4 July 2007 No. 5199 - LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia of 13 November 2013 No. 1525 - website, 22.11.2013

Law of Georgia of 18 April 2018 No. 2151 – website, 01.05.2018

Article 356⁶. Default judgment🔗

1. When considering a case related to the confiscation of the property of a person convicted of racketeering property, of being an official, of being a member of the "thieves' world", of human trafficking, of facilitating the distribution of drugs, or of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, when a search has been announced for a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of drugs, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, a member of his family or a close relative, or a person connected with a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the distribution of drugs, or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, subparagraph "c" of paragraph 1 of Article 233 of this Code shall not apply.

2. A copy of the default judgment shall be sent to the party that did not appear in court within 5 days from its rendering. The party shall be entitled to appeal the default judgment to the appellate (cassation) instance. The party's signature on the appellate (cassation) complaint must be certified by a notarial procedure or a consular procedure.

3. In the case provided for by paragraph 1 of this Article, the procedure established by Chapter VIII of this Code for the delivery (notification) of a court notice to a party shall apply

Law of Georgia of 24 June 2004 No. 211 - LHG I, No. 18, 09.07.2004, Art. 64

Law of Georgia of 20 December 2005 No. 2357 - LHG I, No. 57, 29.12.2005, Art. 441

Law of Georgia of 7 December 2006 No. 3838 - LHG I, No. 48, 22.12.2006, Art. 335

Law of Georgia of 4 July 2007 No. 5199 - LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia of 13 November 2013 No. 1525 - website, 22.11.2013

Law of Georgia of 18 April 2018 No. 2151 – website, 01.05.2018

Article 356⁷. Criminal liability of a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the spread of narcotic drugs or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia🔗

1. If the court confirms that a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the spread of narcotic drugs or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, a member of his family or his close relative, or a person connected with a racketeer, an official, a member of the "thieves' world", a human trafficker, a facilitator of the spread of narcotic drugs or a person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, has in possession unlawful and unjustified property and in the course of the court proceedings signs of a criminal offence were identified in the act committed by the racketeer, the official, the member of the "thieves' world", the human trafficker, the facilitator of the spread of narcotic drugs or the person convicted of a crime provided for by Article 194 and/or 331¹ of the Criminal Code of Georgia, the prosecutor initiates criminal prosecution against him.

2. In the case provided for by paragraph 1 of this Article, proceedings shall be conducted in accordance with the procedure established by the Criminal Procedure Code of Georgia.

Law of Georgia of 4 July 2007 No. 5199 - LHG I, No. 28, 18.07.2007, Art. 286

Law of Georgia of 13 November 2013 No. 1525 - website, 22.11.2013

Law of Georgia of 18 April 2018 No. 2151 – website, 01.05.2018

Article 356⁸. Definition of terms🔗

For the purposes of this Chapter, the terms have the following meaning:

a) a person convicted of carrying out prohibited economic activity in the occupied territories – a person who has committed an act provided for by Article 322² of the Criminal Code of Georgia;

b) a person connected with a person convicted of carrying out prohibited economic activity in the occupied territories – a person provided for by paragraph 5 of Article 6 of the Law of Georgia "on Occupied Territories";

c) property of a person connected with a person convicted of carrying out prohibited economic activity in the occupied territories – any property or income derived from property.

Law of Georgia of 19 December 2008 No. 797 - LHG I, No. 40, 29.12.2008, Art. 284

Article 356⁹. Filing of a claim regarding the recognition of a person as a person connected to a person convicted for carrying out prohibited economic activity in the occupied territories🔗

1. The prosecutor has the right to file a claim regarding the recognition of a person as a person connected to a person convicted for carrying out prohibited economic activity in the occupied territories, six months after the court judgment against the person convicted for carrying out prohibited economic activity in the occupied territories enters into legal force, if the enforcement of the court judgment against the said person cannot be achieved.

2. The judge shall recognize a person as a person connected to a person convicted for carrying out prohibited economic activity in the occupied territories, if, on the basis of the assessment of relevant evidence, it is established that the grounds provided for by paragraph 5 of Article 6 of the Law of Georgia "On Occupied Territories" exist.

3. The claimant shall be obliged to submit to the court evidence regarding the recognition of the defendant as a person connected to a person convicted for carrying out prohibited economic activity in the occupied territories.

4. The recognition of a person as a person connected to a person convicted for carrying out prohibited economic activity in the occupied territories entails the application of enforcement, on the property of the person connected to the convicted person, of the recovery of the amount imposed as a fine provided for by the court judgment rendered against the convicted person (in the case of a decision taken on confiscation of property – confiscation of property of equivalent value or recovery of the amount).

5. The application of enforcement provided for by paragraph 4 of this Article on the property of the person connected to the convicted person does not exclude the enforcement of the court judgment against the convicted person.

Law of Georgia of 19 December 2008 No. 797 - LHG I, No. 40, 29.12.2008, Art. 284

Article 356¹⁰. Imposition of attachment on property🔗

If there is data on the concealment or spending, or otherwise alienation, of property in the possession of a person connected to a person convicted for carrying out prohibited economic activity in the occupied territories, the prosecutor shall be obliged to apply to the court with an application on the imposition of attachment on this property, including on bank accounts.

Law of Georgia of 19 December 2008 No. 797 - LHG I, No. 40, 29.12.2008, Art. 284

Article 356¹¹. Default judgment🔗

1. When considering cases of recognition as a person related to a person convicted for carrying out economic activity prohibited in the occupied territories, where a search has been declared for a person related to a person convicted for carrying out economic activity prohibited in the occupied territories, subparagraph „c“ of paragraph 1 of Article 233 of this Code shall not apply.

2. A copy of the default judgment shall be sent to the party that did not appear in court within 5 days of its rendering. The party shall be entitled to appeal the default judgment to the appellate (cassation) instance. The party's signature on the appellate (cassation) complaint shall be certified by a notarial or consular procedure.

3. In the case provided for by paragraph 1 of this Article, the procedure established by Chapter VIII of this Code for the delivery (notification) of a court notice to a party shall apply.

Law of Georgia of 19 December 2008 No. 797 - LHG I, No. 40, 29.12.2008, Art. 284

Article 356¹². Scope of application🔗

1. The court shall consider cases related to arbitration in accordance with the rules established by this Code.

2. The court shall consider cases related to arbitration only in the cases directly provided for by the Law of Georgia on Arbitration.

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Article 356¹³. Cases related to arbitration🔗

1. Under this Title the court shall consider cases:

a) on the appointment, challenge and termination of the powers of an arbitrator;

b) on the competence of the arbitration;

c) on securing the arbitration claim;

d) on court assistance in obtaining evidence and ensuring the attendance of a witness;

e) on the recognition, enforcement and refusal of enforcement of the measures for securing the arbitration claim applied by the arbitration;

f) on the issuance of a writ of execution;

g) on setting aside the arbitral award;

h) on the recognition and enforcement of an arbitral award rendered outside Georgia;

i) in other cases provided for by the Law of Georgia “On Arbitration”.

2. In the cases defined by subparagraphs “a”, “d” and “i” of paragraph 1 of this Article, decisions shall be rendered by the district (city) court in whose territorial jurisdiction the arbitration proceedings were, are or are to be conducted.

3. In the cases defined by subparagraphs “b”, “c” and “e”–“g” of paragraph 1 of this Article, cases shall be considered by the courts of appeal.

4. In the case defined by subparagraph “h” of paragraph 1 of this Article, the case shall be considered by the Supreme Court of Georgia.

Law of Georgia of 19 June 2009 No. 1281 – LHG I, No. 13, 02.07.2009, Art. 64

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Article 356¹⁴. Party🔗

For the purposes of this Chapter, a party is a person participating in an arbitration agreement or his/her authorised representative.

Law of Georgia of 19 June 2009 No. 1281 – LHG I, No. 13, 02.07.2009, Art. 64

Article 356¹⁵. Appointment, challenge and termination of the powers of an arbitrator🔗

1. On the basis of a party's request, the court shall render a decision on the appointment, challenge and termination of the powers of an arbitrator.

2. When appointing, challenging and terminating the powers of an arbitrator, the court shall be guided by the arbitration agreement concluded between the parties and by the principles of independence and impartiality of the arbitrator.

3. The court shall appoint an arbitrator within 30 days from the acceptance of the application for proceedings.

4. The court shall render a decision on the challenge and/or termination of the powers of an arbitrator within 14 days from the acceptance of the application for proceedings.

5. Consideration by the court of the issue of the challenge and/or termination of the powers of an arbitrator may not suspend the consideration of the case in arbitration.

6. The court's decision on the appointment, challenge and termination of the powers of an arbitrator shall be final and shall not be subject to appeal.

Law of Georgia of 19 June 2009 No. 1281 – LHG I, No. 13, 02.07.2009, Art. 64

Article 356¹⁶. Decision on the competence of arbitration🔗

1. The court shall issue a reasoned ruling on the competence of the arbitration within 14 days from the acceptance of the application for proceedings.

2. Consideration of the issue of the competence of the arbitration in court cannot suspend the consideration of the case in the arbitration.

3. The court's ruling on the competence of the arbitration is final and shall not be appealed.

4. If the court does not recognise the arbitration as competent on the given issue, the ruling shall indicate the respective competent body.

5. If by the court's judgment the arbitration is not recognised as competent, all judgments previously rendered by the arbitration on the given issue shall be void.

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Article 356¹⁷. Recognition and enforcement of measures for securing an arbitration claim applied by the arbitration🔗

1. Measures for securing an arbitration claim applied by the arbitration have binding force and shall be enforced in accordance with the procedure established by the Law of Georgia "On Arbitration".

2. A written arbitral decision on the application by the arbitration of measures for securing an arbitration claim shall be submitted to the competent court for its recognition and enforcement in accordance with the procedure provided for by paragraph 2 of Article 44 of the Law of Georgia "On Arbitration".

3. The court is entitled to require the party that applies for the recognition and enforcement of the measures for securing an arbitration claim applied by the arbitration to provide appropriate security in connection with the said measures of securing.

4. The court shall, within 10 days from the acceptance of the party's application for proceedings, issue a ruling on the recognition and enforcement of the measures for securing an arbitration claim applied by the arbitration, unless there exist the grounds provided for by Article 22 of the Law of Georgia "On Arbitration".

5. The court's judgment provided for by paragraph 4 of this article is final and shall not be appealed.

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Article 356¹⁸. Securing of an arbitration claim by the court🔗

1. In the presence of an arbitration agreement between the parties, on the basis of an application of the arbitration claimant, the court is entitled to apply measures of securing in respect of the arbitration claim.

2. In connection with the securing of an arbitration claim, the rules established by Chapter XXIII of this Code shall apply, except for subparagraphs "f" and "i" of paragraph 2 of Article 198, taking into account the peculiarities of international arbitration proceedings.

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Article 356¹⁹. Court assistance in obtaining evidence and ensuring witness attendance🔗

1. Where arbitration, on its own initiative or on the basis of a party's request, applies to a court for the purpose of assistance in obtaining evidence, the rules established by Chapter XIV of this Code shall apply.

2. Arbitration is entitled to apply to a court in order to ensure witness attendance.

3. In the case defined by paragraph 2 of this Article, the court shall be guided by the procedure established by Article 145 of this Code.

4. A court ruling relating to the obtaining of evidence and the ensuring of witness attendance is final and shall not be subject to appeal.

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Article 356²⁰. Recognition and enforcement of an arbitral award🔗

A decision on the recognition and enforcement of an arbitral award shall be rendered after the interested party files the relevant motion.

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Article 356²¹. Decision on recognition and enforcement of an arbitral award🔗

1. The party applying for recognition and enforcement of an arbitral award shall submit a duly certified original of the arbitral award or a duly certified copy thereof, as well as the original of the arbitration agreement or a duly certified copy thereof. If the arbitral award or the arbitration agreement is not executed in Georgian, the party shall also submit a duly certified translation of this document into Georgian.

2. Issues related to recognition and enforcement of an arbitral award shall be considered without an oral hearing. The court may also order an oral hearing if this is necessary and facilitates clarification of the circumstances of the case. In the case of an oral hearing, the parties shall be notified of the time and place of the hearing, but their failure to appear shall not prevent the court from considering and deciding the issues.

2¹. A party's application for recognition and enforcement of an arbitral award shall be sent to the party against whom the said arbitral award was rendered. The latter may, within 7 days of receipt of the notification, submit the application provided for by subparagraph „a“ of paragraph 1 of Article 45 of the Law of Georgia „On Arbitration“. The court shall refuse, by ruling, to accept a party's application for refusal of recognition and enforcement of an arbitral award rendered in Georgia, if its complaint for setting aside the said arbitral award on the same ground on which the party seeks refusal of recognition and enforcement of the arbitral award was not satisfied, or if the party did not appeal the arbitral award within the period determined by paragraph 3 of Article 42 of the Law of Georgia „On Arbitration“. The said ruling is final and shall not be appealed.

3. The decision on recognition and enforcement of an arbitral award shall be rendered in the form of a ruling no later than 30 days from the submission of the application provided for by paragraph 2¹ of this Article or from the expiry of the 7-day period determined for its submission (whichever is earlier). Extension of this period shall be inadmissible, except in the case provided for by paragraph 3 of Article 45 of the Law of Georgia „On Arbitration“.

4. Together with the ruling on enforcement of the arbitral award, the party shall be issued a writ of execution.

5. A ruling on enforcement of an arbitral award shall be deemed rendered and the court shall be obliged to immediately issue the writ of execution to the interested party when the period established by paragraph 3 of this Article has been violated.

6. A ruling on enforcement of an arbitral award is final and shall not be appealed.

Law of Georgia of 19 June 2009 No. 1281 - LHG I, No. 13, 02.07.2009, Art. 64

Law of Georgia of 15 December 2010 No. 4046 - LHG I, No. 76, 29.12.2010, Art. 492

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015.

Article 356²². Recognition and Enforcement of an Arbitration Award Rendered Outside Georgia🔗

Recognition and enforcement of an arbitration award rendered outside Georgia shall be carried out in accordance with the procedure established by the Law of Georgia "On Arbitration".

Law of Georgia of 19 June 2009 No. 1281 – LHG I, No. 13, 02.07.2009, Art. 64

Article 356²³. Refusal of Recognition and Enforcement of an Arbitration Award🔗

The court shall refuse recognition and enforcement of an arbitration award only in the cases directly provided for by the Law of Georgia "On Arbitration".

Law of Georgia of 19 June 2009 No. 1281 – LHG I, No. 13, 02.07.2009, Art. 64

Article 356²⁴. Appeal against an Arbitration Award🔗

1. Annulment of an arbitration award on the ground determined by the Law of Georgia "On Arbitration" shall be effected by filing a complaint with a court.

1¹. If a decision on the recognition and enforcement of an arbitration award rendered in Georgia has been rendered by a court of Georgia, a complaint for the annulment of the said arbitration award on the same ground on which the party sought refusal of recognition and enforcement of the arbitration award shall not be admitted, and if the complaint has been received, the proceedings thereon shall be terminated.

2. The court shall be obliged to consider the complaint and to render a reasoned decision within 30 days from the acceptance of the complaint for proceedings.

3. A court to which a complaint for the annulment of an arbitration award has been addressed shall be entitled, on the basis of a party's motion, to suspend the consideration of the annulment of the award for a period of not more than 30 days from the acceptance of the complaint for proceedings, in order to give the arbitration the opportunity to resume the proceedings or to take any action which, in the arbitration's opinion, is necessary to eliminate the ground for the annulment of the award. The court shall notify the arbitration by notice of the suspension of the consideration of the case on the said ground within 3 days from the suspension of the consideration of the case.

4. In the event of an appeal, the enforcement of the arbitration award shall not be suspended. The court shall be entitled, upon a party's motion, to suspend the enforcement of the arbitration award for a period of not more than 30 days from the acceptance of the complaint for proceedings, if appropriate security is provided.

Law of Georgia of 19 June 2009 No. 1281 – LHG I, No. 13, 02.07.2009, Art. 64

Law of Georgia of 11 November 2011 No. 5265 – website, 24.11.2011

Law of Georgia of 18 March 2015 No. 3220 – website, 26.03.2015

Article 356²⁵. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356²⁶. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356²⁷. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356²⁸. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356²⁹. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³⁰. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³¹. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³². (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³³. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³⁴. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³⁵. (repealed).🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³⁶. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 356³⁷. (repealed)🔗

Law of Georgia of 28 December 2011 No. 5665 – website, 11.01.2012.

Law of Georgia of 19 February 2015 No. 3096 – website, 27.02.2015.

Article 363¹. Admissibility of a claim🔗

A claim related to discrimination may be considered under the procedure established by this Chapter, unless otherwise provided by this Code.

Law of Georgia of 2 May 2014 No. 2392 - website, 07.05.2014.

Article 363². Applying to court by claim🔗

1. Any person who considers himself/herself a victim of discrimination has the right to file a claim with the court against the person/institution which, in his/her assumption, committed discrimination against him/her. Consideration of the case by the Public Defender of Georgia, another person or body is not a mandatory precondition for applying to court by claim.

1¹. The Public Defender of Georgia is entitled, in the performance of the function of supervision over the elimination of all forms of discrimination and the ensuring of equality assigned to him/her by the legislation of Georgia, as a claimant, in accordance with this Code, to apply to court by claim, if a legal entity, another organisational formation, an association of persons without creating a legal entity or an entrepreneurial entity has not responded to his/her recommendation or has not shared this recommendation and there is sufficient evidence confirming discrimination.

1². A special claimant is entitled, in the cases provided for by the Law of Georgia "On the Rights of Persons with Disabilities", to apply to court by claim, if the case concerns the elimination of discrimination against persons with disabilities and/or is important for the development of legal practice in this field, as well as if there is a collective violation or presumed violation of the rights of persons with disabilities.

2. Applying to court by claim is possible within 1 year after the person learned or should have learned of the circumstance which he/she considers discriminatory.

2¹. A person who considers himself/herself a victim of discrimination has the right to apply to court by claim also if the employment relationship during which the discriminatory action was committed against him/her has ended.

3. A person has the right, by a claim provided for by this Article, to demand:

a) the cessation of the discriminatory action and/or the elimination of its consequences;

b) compensation for moral and/or material damage.

4. The Public Defender of Georgia is entitled to apply to court by claim and to demand the fulfilment of his/her recommendation by the legal entity, other organisational formation, association of persons without creating a legal entity or entrepreneurial entity which, in the assumption of the Public Defender of Georgia, committed a discriminatory action and did not respond to his/her recommendation or did not share this recommendation.

Law of Georgia of 2 May 2014 No. 2392 - website, 07.05.2014.

Law of Georgia of 3 May 2019 No. 4551 – website, 10.05.2019.

Law of Georgia of 14 July 2020 No. 6839 – website, 28.07.2020.

Article 363³. Burden of proof🔗

When filing a claim, the person shall submit to the court the facts and the relevant evidence that give grounds for the presumption of the commission of a discriminatory act, after which the burden of proving that discrimination was not committed shall be borne by the defendant.

Law of Georgia of 2 May 2014 No. 2392 – website, 07.05.2014.

Article 363⁴. Acceptance of a claim for proceedings🔗

1. Within 3 days after the filing of the claim, the court shall consider the issue of accepting it for proceedings.

2. The claim shall be submitted to the court in compliance with the requirements of this Code.

3. If the claim is submitted in violation of the requirements of the legislation of Georgia, the court shall establish a defect and shall set the claimant a reasonable time limit for its elimination, which may not be less than 3 days. If the defect is eliminated within the set time limit, the court shall accept the claim for proceedings, and if the defect is not eliminated, it shall issue a ruling on refusal to accept the claim for proceedings and shall return the claim and the attached documents to the claimant.

4. The court ruling on refusal to accept the claim for proceedings may be appealed by a private complaint to the appellate court in accordance with the procedure established by the legislation of Georgia, within 3 days from the claimant's becoming aware of it.

5. After acceptance of the claim for proceedings, copies of the claim and the attached documents shall be immediately sent to the defendant in accordance with the procedure established by the legislation of Georgia, and the defendant shall be given 10 days to submit a response.

Law of Georgia of 2 May 2014 No. 2392 – website, 07.05.2014.

Article 363⁵. Court judgment🔗

1. The court shall issue a judgment on the confirmation of the fact of discrimination and on the full or partial satisfaction of the claim of the victim of discrimination, or a judgment on refusal to satisfy the claim of the victim of discrimination.

2. On the basis of an application of the Public Defender of Georgia in relation to a discrimination case, the court shall issue a judgment on the confirmation of the fact of discrimination and on the enforcement of the recommendation issued by the Public Defender of Georgia in respect of a legal entity, another organisational formation, an association of persons without creating a legal entity, or an entrepreneurial entity, or a judgment on refusal to satisfy the claim of the Public Defender of Georgia.

Law of Georgia of 2 May 2014 No. 2392 – website, 07.05.2014.

Law of Georgia of 3 May 2019 No. 4551 – website, 10.05.2019.

Article 363⁶. Appeal against a court judgment🔗

1. A court judgment rendered on the basis of Article 363⁵ of this Code may be appealed by a party to the appellate court in accordance with the procedure established by this Code.

2. Within 3 days of the filing of the appeal, the appellate court verifies its admissibility and adopts one of the following judgments:

a) issues a ruling on leaving the appeal unexamined, against which a separate appeal may be filed;

b) accepts the appeal for examination.

3. Within 1 month of accepting the appeal for examination, the appellate court examines the appeal in an oral hearing and adopts one of the following judgments:

a) fully or partially grants the appeal;

b) refuses to grant the appeal.

4. In the event of granting a separate appeal filed against a court ruling on refusal to accept a claim for proceedings, the appellate court returns the case to the court of first instance.

Law of Georgia of 2 May 2014 No. 2392 – website, 07.05.2014.

Article 363⁷. Admissibility of an application🔗

An application for recognition of a person as having limited legal capacity shall be examined in accordance with the procedure established by this Chapter, unless otherwise provided by this Code.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363⁸. Filing of an application with the court🔗

1. An application for recognition as having limited legal capacity of a person who abuses alcohol or a narcotic substance, as a result of which he/she places his/her family in a grave material situation, may be filed with the court by a member of his/her family or by the guardianship and curatorship authority.

2. An application for recognition of a person as having limited legal capacity shall be filed with the court according to the place of residence of that person, and if that person is placed in a medical institution – according to the location of the medical institution.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363⁹. Content of an application🔗

In an application for recognition as having limited legal capacity of a person who abuses alcohol or a narcotic substance, the circumstances shall be indicated which confirm that this person places his/her family in a grave material situation.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹⁰. Examination of an application🔗

1. The court shall examine the case on recognition of a person as having limited legal capacity with the mandatory participation of that person and a representative of the guardianship and curatorship authority.

2. The applicant shall be exempt from payment of court costs related to the examination of the case on recognition of a person as having limited legal capacity.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹¹. Court judgment🔗

A court judgment on recognizing a person as having limited legal capacity is the basis for the appointment of a curator for the person by the guardianship and curatorship authority.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹². Revocation of the recognition of a person as having limited legal capacity🔗

In the case provided for by paragraph 3 of Article 14 of the Civil Code of Georgia, the court, on the basis of an application by the person with limited legal capacity, his/her curator or a family member, delivers a judgment on the revocation of the recognition of that person as having limited legal capacity.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹³. Admissibility of an application🔗

An application on the recognition of a person as a support recipient shall be considered under the procedure established by this Chapter, unless otherwise provided by this Code.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹⁴. Filing of an application with the court🔗

1. An application on the recognition of a person as a support recipient may be filed with the court by that person, a member of his/her family, his/her legal representative, the guardianship and curatorship authority, a psychiatric or specialized institution.

2. An application on the recognition of a person as a support recipient shall be filed with the court according to the place of residence of that person, and if that person is placed in a medical institution – according to the location of the medical institution.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹⁵. Content of the application🔗

1. The application for recognition of a person as a recipient of support shall indicate:

a) the name of the court to which the application is submitted;

b) the sphere in which the person needs support, as well as the person's need for support in order to prevent harm to him/her;

c) the facts and circumstances on which the applicant bases his/her claim;

d) the evidence confirming the circumstances indicated by the applicant and the fact that the person has persistent mental, intellectual disorders, the interaction of which with various barriers may hinder his/her full and effective participation in public life on an equal basis with others;

e) the applicant's claim;

f) the applicant's motion – if any.

2. The applicant shall submit to the court the conclusions of a psychiatrist, a psychologist and a social expert on the person's mental state and social adaptation, if any.

3. Support may be assigned to a person for the purpose of labour activity, entering into a minor transaction, entrepreneurial activity, management/disposal of immovable property, determining the place of residence, expressing consent to treatment, preventing harm to him/her, and for the exercise of other rights and obligations, which the court determines on the basis of an individual assessment.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹⁶. Acceptance of the application for proceedings🔗

1. The court shall consider the application for recognition of a person as a recipient of support in accordance with the procedure established by this Code, unless otherwise provided by this Chapter.

2. The court shall consider the issue of acceptance of the application for proceedings within 5 days from its submission.

3. If the application is submitted to the court without observing the requirements of the legislation of Georgia, the court shall establish a defect and set the applicant a reasonable time limit for its elimination, which may not be less than 3 days. If the defect is eliminated within the set time limit, the court shall accept the application for proceedings, and if the defect is not eliminated, it shall issue a ruling on refusal to accept the application for proceedings and return the application and the attached documents to the applicant.

4. The court's ruling on refusal to accept the application for proceedings may be appealed by a private complaint.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹⁷. Temporary support🔗

1. The court is entitled, on the basis of an application by the applicant, before the completion of the proceedings, to appoint a temporary supporter, if it considers that the person whose recognition as a recipient of support is being considered may suffer irreversible damage.

2. A temporary supporter may be a family member of the person, a relative, a close person or a specialist.

3. An application for the establishment of temporary support shall be considered by the court in an oral hearing within 5 days of its submission. The failure of a party to appear shall not prevent the court from considering and deciding the issue of the establishment of temporary support.

4. The court's ruling on the establishment of temporary support may be appealed by a private complaint.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹⁸. Consideration of the application🔗

1. The court shall consider the case on recognition of a person as a recipient of support with the mandatory participation of that person and a representative of the guardianship and curatorship authority.

2. If the person whose recognition as a recipient of support is being considered is unable, due to their state of health, to attend the court hearing, their participation shall be ensured through the use of electronic or other means of communication enabling direct contact of the judge with that person. In such a case, recording of the court hearing as a video file shall be mandatory. The minutes of the court hearing shall note the participation of the person in the hearing through the use of electronic or other means of communication.

3. In the event of the failure of the person whose recognition as a recipient of support is being considered to appear, the court shall be obliged to postpone the consideration of the case to another time. In this case, the delivery of a judgment in absentia by the court shall be inadmissible.

4. The applicant shall be exempt from payment of court costs related to the consideration of the case on recognition of a person as a recipient of support.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363¹⁹. Mandatory defence🔗

A person whose recognition as a recipient of support is being considered shall have a lawyer.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363²⁰. Appointment of expertise for the individual assessment of a person with psychosocial needs🔗

1. In accordance with Article 363¹⁶ of this Code, upon acceptance of the application into proceedings, the court shall appoint an expertise in accordance with the Law of Georgia “On Conducting Expertise Arising from Psychosocial Needs”.

2. In a special case, if the person whose recognition as a support recipient is being considered clearly evades the expertise, the court is entitled, on the basis of a motion of the Legal Entity of Public Law – the Levan Samkharauli National Bureau of Forensic Expertise, at its hearing, with the mandatory participation of a representative of the guardianship and curatorship body, as well as of the lawyer of this person, to issue a ruling on the forced referral of the person for conducting an expertise arising from psychosocial needs.

3. The forced expertise provided for by paragraph 2 of this Article shall be conducted only if the person whose recognition as a support recipient is being considered, by his/her action, causes substantial harm to his/her own or others' rights.

4. All experts and members of the multidisciplinary group whose conclusions are presented in the case materials must be questioned at the court hearing.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363²¹. Court judgment🔗

1. The court judgment on recognition of a person as a support recipient is the basis for appointing a supporter (supporters) for him/her.

2. The court judgment shall indicate:

a) the right for the enjoyment of which support is established for the person, as well as the scope of support;

b) the rights and obligations of the supporter (supporters);

c) the periodicity of submission of a report by the supporter (supporters) to the guardianship and curatorship body, which shall not exceed 6 months;

d) the term of support and the periodicity of its review, which shall not exceed 5 years;

e) other circumstances necessary for the support of the person.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363²². Court ruling on termination of proceedings in relation to an application🔗

Proceedings in relation to an application on recognition of a person as a support recipient shall be terminated if the conclusion of the Legal Entity of Public Law – the Levan Samkharauli National Bureau of Forensic Expertise is negative.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363²³. Change of the scope of support, cancellation of support🔗

1. If there exists a ground for changing the scope of support for a person, the court, on the basis of an application of the recipient of support, a member of his/her family, the supporter(s), a psychiatric-treatment institution, the guardianship and curatorship authority, and on the basis of an expert opinion conducted in accordance with the Law of Georgia “On Conducting Expertise Based on Psychosocial Needs”, issues a judgment on changing the scope of support for this person.

2. If there no longer exists a ground for continuing support for a person, the court, on the basis of an application of the recipient of support, a member of his/her family, the supporter, a psychiatric-treatment institution, the guardianship and curatorship authority, and on the basis of an expert opinion conducted in accordance with the Law of Georgia “On Conducting Expertise Based on Psychosocial Needs”, issues a judgment on cancelling support for this person.

3. When periodically reviewing a judgment on recognising a person as a recipient of support, the court, if there is an appropriate ground, issues a judgment on cancelling support for this person.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363²⁴. Appeal against a court judgment🔗

1. A party has the right to appeal a court judgment issued on the basis of Article 363²¹ of this Code to the court of appeal in the manner established by this Code.

2. The court of appeal, within 5 days from the filing of the appeal, verifies its admissibility and adopts one of the following judgments:

a) issues a ruling on leaving the appeal without examination, against which a separate appeal may be filed;

b) accepts the appeal for examination.

3. The court of appeal examines the appeal by oral hearing within 2 months from its acceptance for examination and adopts one of the following judgments:

a) fully or partially grants the appeal;

b) refuses to grant the appeal.

4. If a separate appeal filed against a court ruling on refusal to accept the appeal for proceedings is granted, the court of appeal returns the case to the court of first instance.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Article 363²⁵. Definition of terms used in this Chapter🔗

The terms used in this Chapter have the following meanings for the purposes of this Chapter:

a) intellectual property object – a trademark, service mark, collective mark, certification mark, registered design, invention protected by a patent, utility model, object protected by copyright or related rights, protected in accordance with the legislation of Georgia;

b) goods produced in violation of an exclusive right and/or put into civil circulation:

b.a) in respect of a protected trademark, service mark, collective mark and/or certification mark (hereinafter – trademark) – goods and/or services which contain an identical or similar sign to the trademark or on which an identical or similar sign to the trademark is affixed, or which have an identical or similar shape to a three-dimensional trademark and whose production, supply, importation into the territory of Georgia, storage, putting into civil circulation, storage/warehousing for this purpose (placement for temporary storage) or any other use causes infringement of the exclusive right of the holder of the registered trademark, regardless of the place of marking;

b.b) in respect of a registered design – a product in which the design is incorporated or to which it is applied and whose production, importation into the territory of Georgia, storage, putting into civil circulation or storage/warehousing for this purpose (placement for temporary storage) or any other use causes infringement of the exclusive right of the holder of the exclusive right to the registered design;

b.c) in respect of an invention protected by a patent or a registered utility model – a device or substance produced in violation of the exclusive right arising from the patent or registration, whose production, importation into the territory of Georgia, storage, putting into civil circulation or storage/warehousing for this purpose (placement for temporary storage) or any other use causes infringement of the exclusive right of the holder of the patent or certificate; a device or substance made by a process protected by a patent or registration, whose manufacture, importation into the territory of Georgia, storage, putting into civil circulation or storage/warehousing for this purpose (placement for temporary storage) or any other use causes infringement of the exclusive right of the holder of the patent or certificate;

b.d) in respect of an object protected by copyright or related rights – counterfeit copies as defined by the Law of Georgia on Copyright and Related Rights.

Law of Georgia No. 1919 of 23 December 2017 – website, 11.01.2018.

Law of Georgia No. 2887 of 16 May 2023 – website, 01.06.2023.

Law of Georgia No. 4051 of 21 February 2024 – website, 07.03.2024.

Article 363²⁶. Scope of regulation🔗

The rules established by this Code shall apply to a case concerning infringement of an exclusive right in an intellectual property object, taking into account the peculiarities defined by this Chapter.

Law of Georgia of 23 December 2017 No. 1919 – website, 11.01.2018.

Article 363²⁷. Measures for securing evidence in a case concerning infringement of an exclusive right in an intellectual property object🔗

1. The court shall be entitled, on the basis of an application of the holder of an exclusive right in an intellectual property object, to issue a ruling on the application of measures for securing evidence for the purpose of preserving the evidence, if there is a risk of its destruction.

2. Measures for securing evidence may include a detailed description, with or without taking a sample, of the goods by which the exclusive right in an intellectual property object is presumably infringed, of the device/material, equipment or component of equipment intended for production/reproduction or for circumvention of technological means, and/or of the documentation related to the presumed infringement. At the same time, if securing of evidence by the application of the said measures is not possible, attachment may also be applied.

3. The court shall be entitled to apply several measures provided for by paragraph 2 of this Article simultaneously.

4. The court shall be entitled to apply the measures provided for by this Article without hearing the person in respect of whom there is a reasonable presumption that he/she has infringed the exclusive right in an intellectual property object, if there is a reasonable presumption that disproportionate damage will be caused to the holder of this right, and/or if there is a clear danger of destruction of the evidence.

5. The court shall notify the person in respect of whom the measures provided for by this Article are to be applied thereof immediately, no later than 48 hours after the application of the measures.

6. The holder of an exclusive right in an intellectual property object shall be entitled to request the application of the measures for securing evidence provided for by this Article, if he/she substantiates that the application of the said measures is necessary in order to establish the fact of infringement or possible infringement of his/her exclusive right.

7. The procedure for reimbursement of expenses incurred for securing evidence shall be determined and the ruling issued on securing evidence shall be appealed in accordance with Articles 118 and 119 of this Code.

8. The judge shall issue a ruling on an application for securing evidence within 5 working days.

Law of Georgia of 23 December 2017 No. 1919 – website, 11.01.2018.

Article 363²⁸. Right to receive information🔗

1. In the course of proceedings in a case concerning infringement of an exclusive right in an intellectual property object, the court is entitled, on the basis of a proportionate and substantiated request of the holder of the exclusive right in the intellectual property object:

a) to require a person in respect of whom there is a reasonable presumption that he/she has infringed the exclusive right to provide information which may include information on the origin and/or the distribution network of goods produced in infringement of the exclusive right and/or placed in civil circulation. The obligation to provide information may also include the obligation to submit financial documents related to the infringement;

b) to require the provision of the information provided for by subparagraph „a“ of this paragraph from a person in respect of whom there is a reasonable presumption that he/she was offering, receiving, holding and/or using, on a commercial scale, goods produced in infringement of the exclusive right and/or placed in civil circulation. The said obligation to provide information shall also extend to any other person who was offering, receiving, holding and/or using goods produced in infringement of the exclusive right and/or placed in civil circulation, except where this act/these acts were carried out for personal use.

2. The information provided for by subparagraph „a“ of the first paragraph of this Article shall include the full name and address of the manufacturer, processor, distributor, supplier and/or other previous holder of the goods, the wholesale and/or retail trader (for whom the goods by which the exclusive right is presumably infringed are intended), as well as information on the quantity and price of the goods produced, processed, supplied, received or ordered.

3. The information obtained as a result of the application of the measures provided for by this Article is confidential and its disclosure shall not be permitted.

4. The costs incurred for the provision of the information provided for by this Article shall be reimbursed by the person who applied to the court with a motion for the provision of the said information. The opposing party shall have the right to demand reimbursement of the costs incurred by it for the provision of the information. Ultimately, these costs shall be allocated by the court when deciding the case on the merits.

5. An appeal against a ruling on the provision of information shall not be permitted. A ruling refusing the provision of information may be subject to an interlocutory appeal.

Law of Georgia of 23 December 2017 No. 1919 – website, 11.01.2018.

Article 363²⁹. Measures for securing a claim in a case concerning infringement of an exclusive right to an intellectual property object🔗

1. The court is entitled, on the basis of an application of the holder of the exclusive right to an intellectual property object:

a) to issue a ruling on the attachment of immovable and/or movable property (including bank accounts and other assets) owned by the person in respect of whom there is a reasonable presumption that he has infringed the exclusive right on a commercial scale, if the satisfaction of the claim of the holder of the exclusive right for compensation of damages may be endangered. For this purpose, the court, on the basis of a motion of the holder of the exclusive right, shall request from the possible infringer of the exclusive right the banking, financial and/or commercial documents/information in his possession. Only the court has the right to review these documents/information. The court is entitled to transfer the documents/information received for the purpose of identifying the subject of attachment to an independent expert appointed by the court. Information obtained as a result of the application of the measures provided for by this subparagraph is confidential and its disclosure is inadmissible;

b) to prohibit the person in respect of whom there is a reasonable presumption that he has infringed the exclusive right from performing the act by which the exclusive right is infringed;

c) instead of prohibiting the performance of the act provided for by subparagraph „b“ of this paragraph, to require the person in respect of whom there is a reasonable presumption that he has infringed the exclusive right to provide an appropriate security guarantee.

2. The court is entitled to apply several measures provided for by the first paragraph of this Article simultaneously.

3. The measures provided for by the first paragraph of this Article may also be applied to a person whose services are or were used for the infringement of the exclusive right on a commercial scale.

4. If the court considers that the application of measures for securing the claim may cause loss to the person in respect of whom there is a reasonable presumption that he has infringed the exclusive right, the court is entitled to apply the measures for securing the claim and, at the same time, require the holder of the exclusive right to provide security for the compensation of possible loss to the opposing party. The court may also request the provision of a security guarantee on the basis of an application by the opposing party.

5. The requirements established by Chapter XXIII of this Code shall apply to a case concerning the infringement of an exclusive right to an intellectual property object.

Law of Georgia of 23 December 2017 No. 1919 – website, 11 January 2018.

Article 363³⁰. Ensuring of a mediation settlement by the court🔗

1. A party is entitled, before the commencement of court mediation or private mediation and/or during the mediation process, to apply to the court with an application for the application of a measure to ensure a mediation settlement.

2. If, within 10 days from the satisfaction of the application for the application of a measure to ensure a mediation settlement, the person submitting the said application does not apply to court mediation or private mediation and does not submit to the court the relevant document confirming the application for mediation, or if, within 10 days from the completion of mediation (which must be confirmed by the relevant document), the party does not submit a claim to the court/does not apply requesting the resumption of the proceedings, the court, on its own initiative or on the basis of a party's motion, shall issue a ruling on the cancellation of the application of the measure to ensure a mediation settlement.

3. In the case of submitting a claim to the court/applying requesting the resumption of the proceedings within 10 days from the completion of mediation, the measure to ensure a mediation settlement applied by the court shall be converted into a measure to secure a claim.

4. The rules established by Chapter XXIII of this Code shall apply to the ensuring of a mediation settlement, taking into account the peculiarities of this Article.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Article 363³¹. Consideration of the issue of enforcement of a mediation settlement drawn up as a result of private mediation🔗

1. The court is entitled, on the basis of an application of one or both parties, to consider the issue of enforcement of a mediation settlement drawn up as a result of private mediation.

2. The issue of enforcement of a mediation settlement drawn up as a result of private mediation shall be considered by the district (city) court according to the place of residence/legal address of the applicant.

3. A party applying to the court requesting the enforcement of a mediation settlement drawn up as a result of private mediation shall submit the original or a duly certified copy of the mediation settlement, as well as the agreement on mediation.

4. The issue of enforcement of a mediation settlement drawn up as a result of private mediation shall be considered without an oral hearing within 10 days from the receipt of the application. The court is entitled, within the same period, to order an oral hearing of this issue if this will facilitate the clarification of the circumstances of the case. In this case, the issue of enforcement of a mediation settlement drawn up as a result of private mediation shall be considered within 30 days from the receipt of the application. In the case of an oral hearing of the said issue, the parties shall be notified of the time and place of the court hearing, but their failure to appear shall not prevent the court from considering and deciding the issue.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Law of Georgia of 9 December 2025 No. 1159 – website, 12.12.2025.

Article 363³². Refusal to enforce a mediation settlement agreement concluded as a result of private mediation🔗

The court shall refuse to enforce a mediation settlement agreement concluded as a result of private mediation if the content/terms of the mediation settlement agreement contradict the legislation of Georgia and/or public order, or, based on the content of the mediation settlement agreement, its enforcement is impossible.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Law of Georgia of 9 December 2025 No. 1159 – website, 12.12.2025.

Article 363³³. Court ruling on the enforcement of a mediation settlement agreement concluded as a result of private mediation🔗

1. The court shall issue a decision on the enforcement of a mediation settlement agreement concluded as a result of private mediation in the form of a ruling. A writ of execution shall be delivered to the party together with this ruling.

2. A court ruling on refusal to enforce a mediation settlement agreement concluded as a result of private mediation may be appealed by way of a private complaint.

3. A court ruling on the enforcement of a mediation settlement agreement concluded as a result of private mediation shall be final and shall not be subject to appeal.

4. A mediation settlement agreement concluded as a result of private mediation, which has been approved by an arbitral tribunal as an arbitral award, shall be enforced in accordance with the procedure established by the Law of Georgia "On Arbitration" for the recognition and enforcement of an arbitral award.

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019.

Law of Georgia of 9 December 2025 No. 1159 – website, 12.12.2025.

Article 363³⁴. Examination of the issue of enforcement of an agreement reached as a result of mediation in a collective labour dispute🔗

1. The court is entitled, on the basis of an application by one of the parties, to examine the issue of enforcement of an agreement reached as a result of mediation in a collective labour dispute.

2. The issue of enforcement of an agreement reached as a result of mediation in a collective labour dispute shall be examined by the district (city) court, according to the location of the respective employer, within 10 days of receipt of the relevant application.

3. The party applying to the court for enforcement of an agreement reached as a result of mediation in a collective labour dispute shall submit the original of the agreement reached as a result of mediation or a copy thereof certified by notarial procedure.

4. Issues related to the enforcement of an agreement reached as a result of mediation in a collective labour dispute shall be examined without an oral hearing. The court may order an oral examination of the case if this will facilitate the clarification of the circumstances of the case. In the event of an oral examination of the case, the parties shall be notified of the time and place of the hearing. The failure of the parties to appear shall not prevent the court from examining and deciding the issue.

Law of Georgia No. 7184 of 29 September 2020 – website, 05.10.2020.

Article 363³⁵. Refusal to enforce an agreement reached as a result of mediation in a collective labour dispute🔗

The court shall refuse to enforce an agreement reached as a result of mediation in a collective labour dispute if the content of that agreement contradicts the legislation of Georgia, the public order existing in Georgia, or if, based on the content of the said agreement, its enforcement is impossible.

Law of Georgia No. 7184 of 29 September 2020 – website, 05.10.2020.

Article 363³⁶. Court ruling in connection with the enforcement of an agreement reached as a result of mediation in a collective labour dispute🔗

1. In connection with the enforcement of an agreement reached as a result of mediation in a collective labour dispute, the court's decision shall be rendered in the form of a ruling. A writ of execution shall be delivered to the party together with the court ruling.

2. A court ruling on refusal to enforce an agreement reached as a result of mediation in a collective labour dispute may be appealed by way of a private complaint.

3. A court ruling on the enforcement of an agreement reached as a result of mediation in a collective labour dispute is final and shall not be subject to appeal.

Law of Georgia No. 7184 of 29 September 2020 – website, 05.10.2020.

Article 363³⁷. Scope of regulation🔗

The rules established by this Code shall apply to a case concerning the declaration of a strike or a lockout as unlawful, its postponement or suspension, taking into account the specificities defined by this Chapter.

Law of Georgia No. 7184 of 29 September 2020 – website, 05.10.2020.

Article 363³⁸. Claim for declaring a strike or lockout unlawful, postponing or suspending it🔗

1. A claim for declaring a strike or lockout unlawful, postponing or suspending it shall be considered by a district (city) court according to the location of the employer.

2. A claim for declaring a strike unlawful, postponing or suspending it may be brought by the employer that is in an employment relationship with the employees participating in the strike.

3. A claim for declaring a lockout unlawful, postponing or suspending it may be brought by the employee affected by the lockout, or by an association of employees whose members are affected by the lockout.

4. A claim for declaring a strike or lockout unlawful may be brought within 7 days from the date of the commencement of the strike or lockout. A claim for postponing or suspending a strike or lockout may be brought within 3 days from the occurrence of the ground for postponing or suspending the strike or lockout.

Law of Georgia of 29 September 2020 No. 7184 – website, 05.10.2020.

Article 363³⁹. Acceptance for proceedings of a claim for declaring a strike or lockout unlawful, postponing or suspending it🔗

1. Within 3 days from the filing of a claim for declaring a strike or lockout unlawful, postponing or suspending it, the court shall consider the issue of accepting this claim for proceedings.

2. In a claim for declaring a strike unlawful, postponing or suspending it, all employees participating in the strike must be indicated.

3. If a claim for declaring a strike or lockout unlawful, postponing or suspending it is submitted without complying with the requirements of the legislation of Georgia, the court shall establish a defect and shall set the claimant a reasonable time limit for its elimination, which may not be less than 3 days. If the defect is eliminated within the set time limit, the court shall accept the said claim for proceedings, and if the defect is not eliminated, it shall issue a ruling on refusal to accept the claim for declaring a strike or lockout unlawful, postponing or suspending it for proceedings and shall return the claim and the attached documents to the claimant.

4. A court ruling on refusal to accept a claim for declaring a strike or lockout unlawful, postponing or suspending it for proceedings may be appealed by the claimant to the appellate court by way of a private complaint, in the manner established by the legislation of Georgia, within 3 days from its notification to the claimant.

5. After acceptance for proceedings of a claim for declaring a strike or lockout unlawful, postponing or suspending it, copies of the claim and the attached documents shall be immediately sent to the defendant in the manner established by the legislation of Georgia, and the defendant shall be given a 10-day time limit for submitting a response.

Law of Georgia of 29 September 2020 No. 7184 – website, 05.10.2020.

Article 363⁴⁰. Consideration of a claim regarding the declaration of a strike or lockout as unlawful, its postponement or suspension🔗

1. The court shall consider a claim regarding the declaration of a strike or lockout as unlawful and shall deliver a judgment within 1 month from the acceptance of this claim for proceedings.

2. The court shall consider a claim regarding the postponement or suspension of a strike or lockout and shall deliver a judgment within 7 days from the acceptance of this claim for proceedings.

Law of Georgia of 29 September 2020 No. 7184 – website, 05.10.2020.

Article 363⁴¹. Appeal against a court judgment delivered in a case regarding the declaration of a strike or lockout as unlawful, its postponement or suspension🔗

1. A party may appeal a court judgment delivered in a case regarding the declaration of a strike or lockout as unlawful, its postponement or suspension to a higher instance court in accordance with the procedure established by this Code.

2. A judgment of a district (city) court may be appealed no later than 7 days from its delivery.

3. An appeal against a court judgment delivered in a case regarding the declaration of a strike or lockout as unlawful, its postponement or suspension shall not suspend its enforcement.

4. The Court of Appeal shall, within 3 days from the filing of the appellate complaint, verify its admissibility and shall adopt one of the following decisions:

a) it issues a ruling on leaving the appellate complaint without consideration. This ruling may be appealed by way of a private complaint;

b) it accepts the appellate complaint for consideration.

5. The Court of Appeal shall, within 1 month from the acceptance of the appellate complaint for consideration, consider it by oral hearing and shall adopt one of the following decisions:

a) it fully or partially grants the appellate complaint;

b) it refuses to grant the appellate complaint.

6. A judgment of the Court of Appeal may be appealed by way of cassation no later than 7 days from its delivery.

7. The Cassation Court shall, within 3 days from the filing of the complaint, verify its admissibility and shall issue a ruling on leaving the cassation complaint without consideration or accept the cassation complaint for consideration.

8. The Cassation Court shall, within 1 month from the acceptance of the cassation complaint for consideration, consider it by oral hearing or without an oral hearing and shall fully or partially grant the cassation complaint or refuse to grant the cassation complaint.

Law of Georgia of 29 September 2020 No. 7184 – website, 05.10.2020.

Article 363⁴². Definition of terms🔗

1. The terms used in this Chapter have the following meaning for the purposes of this Chapter:

a) Convention – the United Nations Convention of 7 August 2019 on “International Settlement Agreements Resulting from Mediation”;

b) international mediation – a process, regardless of its name, which is conducted outside Georgia and through which two or more parties, with the assistance of a foreign mediator, attempt to resolve a dispute by mutual agreement;

c) international mediated settlement – a written agreement reached and concluded for the purpose of resolving a commercial dispute, which, in accordance with the Convention, is an international agreement.

2. The provisions of the Convention shall apply to matters that are not regulated by this Chapter and Articles 131 and 132 of the Law of Georgia on Mediation.

Law of Georgia of 22 June 2021 No. 668 – website, 24 June 2021.

Article 363⁴³. Recognition and Enforcement of an International Mediated Settlement🔗

1. The Supreme Court of Georgia is the court competent to recognize and enforce an international mediated settlement.

2. Either or both parties to an international mediated settlement may apply to the court with an application for recognition and enforcement of the international mediated settlement.

3. A party to an international mediated settlement that submits a request for recognition and enforcement of the international mediated settlement provided for by paragraph 1 of this Article shall submit the following documentation to the court:

a) the original of the international mediated settlement or a duly certified copy thereof, as well as a duly certified translation of this document into Georgian;

b) evidence that the international mediated settlement provided for by this Article was reached and concluded as a result of international mediation, namely:

b.a) the signature of the mediator conducting the international mediation on the international mediated settlement;

b.b) a document signed by the mediator conducting the international mediation, which states that international mediation was conducted;

b.c) confirmation issued by the institution that administered the international mediation;

b.d) in the absence of the evidence provided for by subparagraphs “b.a”–“b.c” of this paragraph – any other evidence acceptable to the court.

4. The court is entitled to additionally require from the parties to the international mediated settlement any other document that it considers necessary for verifying compliance with the requirements of this Code and the Convention.

5. If a disputed issue, according to the assertion of a party to the international mediated settlement, has already been resolved by the international mediated settlement, that party is entitled to use the said international mediated settlement to prove this in accordance with the relevant procedural legislation and the conditions determined by the Convention.

Law of Georgia of 22 June 2021 No. 668 – website, 24 June 2021.

Article 363⁴⁴. Decision on recognition and enforcement of an international mediation settlement🔗

1. In accordance with paragraph 3 of Article 363⁴³ of this Code, the court verifies the completeness of the documentation submitted within 5 days from the application to it with an application for recognition and enforcement of an international mediation settlement. The court identifies for the applicant the defect/points out the defect which must be eliminated for the completeness of the said documentation, and sets a reasonable time limit for its elimination. If the defect is not eliminated within this time limit, the court shall leave the said application without consideration.

2. If no defect is identified within the time limit determined in accordance with paragraph 1 of this Article, the application for recognition and enforcement of an international mediation settlement shall be considered as accepted for proceedings.

3. An application for recognition and enforcement of an international mediation settlement submitted by a party to the international mediation shall be sent, within 5 days from its acceptance for proceedings, to the party against whom the request for recognition and enforcement of the international mediation settlement is directed. The said party is entitled, within 5 days from receipt of the relevant notification, to submit the application provided for by subparagraph „a“ of paragraph 1 of Article 363⁴⁵ of this Code.

4. The matter related to recognition and enforcement of an international mediation settlement shall be considered without an oral hearing, within 30 days from the submission of the application provided for by subparagraph „a“ of paragraph 1 of Article 363⁴⁵ of this Code or from the expiry without result of the time limit determined for that purpose. The court is entitled to consider the case within the same time limit with an oral hearing if this will contribute to the clarification of the circumstances of the case. In the case of consideration of the case with an oral hearing, the parties to the international mediation shall be notified of the time and place of the court hearing, but their non-appearance cannot prevent the court from considering the case and deciding the matter.

5. The court adopts a decision on recognition and enforcement of an international mediation settlement in the form of a ruling. Together with this ruling, a writ of execution shall be handed to the party to the international mediation.

6. The ruling on recognition and enforcement of an international mediation settlement is final and shall not be appealed.

7. An international mediation settlement shall be enforced in accordance with the Law of Georgia „on Enforcement Proceedings“.

Law of Georgia of 22 June 2021 No. 668 – website, 24.06.2021.

Article 363⁴⁵. Refusal to satisfy an application for recognition and enforcement of an international mediated settlement🔗

1. The court is entitled to refuse to satisfy an application for recognition and enforcement of an international mediated settlement if:

a) the party to the international mediated settlement against which the application is directed applies to the court by a statement and proves that:

a.a) the party to the international mediated settlement had limited legal capacity or was a recipient of support;

a.b) the international mediated settlement, the recognition and enforcement of which is sought, under the legal norms indicated therein by the parties to the international mediated settlement, and in the absence of such indication – under the legislation of the country which the court hearing the application has deemed appropriate, is void or has been declared invalid or cannot be enforced;

a.c) the enforcement of the international mediated settlement is not binding, or it is not final under its terms, or its content has subsequently been substantially changed;

a.d) the obligations provided for by the international mediated settlement have been performed or are not clear or comprehensible;

a.e) the satisfaction of the claim raised in the application contradicts the terms of the international mediated settlement;

a.f) the mediator conducting the international mediation has grossly violated the standards established for the mediator/mediation, since without such violation this party would not have concluded the international mediated settlement;

a.g) the mediator conducting the international mediation did not disclose to the parties to the international mediated settlement the circumstances which give grounds for justified doubt as to the mediator's impartiality or independence, and their non-disclosure substantially affected or improperly influenced one of the parties, since without the non-disclosure of these circumstances this party would not have concluded the international mediated settlement;

b) the court establishes that:

b.a) the satisfaction of the claim raised in the application contradicts the public policy existing in Georgia;

b.b) under the legislation of Georgia, the dispute may not be considered through mediation.

2. If an application or claim related to an international mediated settlement, which may affect the satisfaction of an application for recognition and enforcement of the international mediated settlement, has been submitted to a court, an arbitration or any other competent body, the court hearing the said application is entitled, if it deems this appropriate, to postpone the adoption of the relevant judgment, and also, at the request of one of the parties, to instruct the other party to provide the relevant security.

Law of Georgia of 22 June 2021 No. 668 – website, 24.06.2021.

Article 363⁴⁶. Definition of terms🔗

The terms used in this Chapter have the following meaning for the purposes of this same Chapter:

a) Convention − the Hague Convention of 23 November 2007 "On the International Recovery of Child Support and Other Forms of Family Maintenance";

b) Central Authority − a structural subdivision of the Ministry of Justice of Georgia;

c) creditor − a natural person in respect of whom an obligation to pay maintenance exists or is presumed to exist;

d) debtor − a natural person who is obliged or is presumed to be obliged to pay maintenance;

e) decision − a decision taken within the framework of the Convention by a court or an authorised administrative body, as well as an agreement on a maintenance obligation concluded and/or certified by an authorised body;

f) modification − replacement, within the framework of the Convention, of a decision taken by a court or an authorised administrative body of a Contracting State by a new decision;

g) public body − a body acting in place of the creditor in respect of whom an obligation to pay maintenance exists, or which has incurred expenses in favour of the creditor due to non-payment of maintenance.

Law of Georgia of 15 December 2023 No. 3947 – website, 25.12.2023.

Article 363⁴⁷. Scope of regulation🔗

1. The rules established by this Code shall apply, in accordance with the Convention, to proceedings related to a maintenance obligation existing between a parent and a minor child and/or between spouses, taking into account the features defined by this Chapter.

2. Within the framework of the Convention, the court is entitled to consider:

a) the issue of recognition, or recognition and enforcement, of a decision taken by a Contracting State of the Convention;

b) a statement of claim on the modification of a decision taken by a Contracting State of the Convention;

c) a statement of claim on a maintenance obligation.

Law of Georgia of 15 December 2023 No. 3947 – website, 25.12.2023.

Article 363⁴⁸. Authorised subjects🔗

1. Within the framework of the Convention, the creditor is entitled to apply to the court and request recognition and enforcement of a decision taken by a Contracting State of the Convention, modification, or the delivery of a decision.

2. Within the framework of the Convention, the debtor is entitled to apply to the court and request recognition and enforcement of a decision taken by a Contracting State of the Convention, or modification.

3. Within the framework of the Convention, a public body is entitled to apply to the court and request recognition and enforcement of a decision taken by a Contracting State of the Convention.

Law of Georgia of 15 December 2023 No. 3947 – website, 25.12.2023.

Article 363⁴⁹. Recognition and enforcement of a decision taken within the framework of the Convention🔗

1. Georgia recognizes and enforces a decision taken by a foreign State party to the Convention within the framework of the Convention.

2. The court with the authority to recognize and enforce a decision taken within the framework of the Convention is the Supreme Court of Georgia.

3. The court considers the issue of recognition and enforcement of a decision taken within the framework of the Convention on the basis of a corresponding application and/or petition of an authorized subject or the Central Authority.

4. Recognition and enforcement of a decision taken within the framework of the Convention by a court or an authorized administrative body of a foreign State party to the Convention, as well as of an agreement on a maintenance obligation formalized and/or certified by an authorized body, shall be carried out in accordance with Chapter V (except Article 23) and Chapters VI−VIII of the Convention.

Law of Georgia of 15 December 2023 No. 3947 – website, 25.12.2023.

Article 363⁵⁰. Modification of a decision🔗

1. The creditor and the debtor are entitled to apply to the court and request modification of a decision rendered by a court of Georgia or of a decision recognized in Georgia in connection with the issue of recovery of maintenance within the framework of the Convention.

2. Modification of a decision taken within the framework of the Convention by a State party thereto (including by requesting an increase or reduction of the awarded amount) is permitted where there has been a substantial change in the material, family or factual-legal circumstances of the creditor or the debtor on the basis of which the initial decision was taken.

3. If a decision in connection with the issue of recovery of maintenance has been taken by an authorized body of another State party, it is inadmissible, on the basis of an application by the debtor, to initiate proceedings for the purpose of modifying that decision, if the creditor continues to reside permanently in the State in which that decision was taken.

4. Paragraph 3 of this Article shall not apply if:

a) there is a written agreement between the parties on the issue of the jurisdiction of another State party, except where the relevant dispute concerns a child maintenance obligation;

b) the creditor expressly consents to the exercise of jurisdiction by another State party or, at the first opportunity, without contesting the issue of jurisdiction, participates in the consideration of the case on the merits;

c) the authorized body of the State that took the decision cannot exercise jurisdiction or refuses to exercise jurisdiction for the modification of/amendments to that decision or for the taking of a new decision;

d) recognition of the decision of the State that took the decision cannot be effected or that decision is not subject to enforcement in the territory of the second State in which it is envisaged to carry out the procedures for the modification of the already taken decision or for the taking of a new decision.

Law of Georgia of 15 December 2023 No. 3947 – website, 25.12.2023.

Article 363⁵¹. Court judgment related to a maintenance obligation🔗

Within the framework of the Convention, the creditor is entitled, together with a claim for the recovery of alimony, where necessary, to apply to court with a claim for the establishment of parentage and to request the delivery of a judgment related to a maintenance obligation.

Law of Georgia of 15 December 2023 No. 3947 – website, 25 December 2023.

Article 363⁵². Limitation period🔗

Any limitation period within which a debt may be recovered shall be determined in accordance with the legislation of Georgia or the legislation of the State receiving the decision, depending on which of them provides for a longer limitation period.

Law of Georgia of 15 December 2023 No. 3947 – website, 25 December 2023.

Article 363⁵³. Admissibility of a claim related to defamation🔗

A claim related to defamation shall be considered under the general rules, taking into account the specificities determined by this Chapter.

Law of Georgia of 26 June 2025 No. 826 – website, 27 June 2025.

Article 363⁵⁴. Application to court by claim🔗

1. A person who considers himself or herself a victim of defamation has the right to apply to court by claim against the person who, in his or her assumption, committed defamation against him or her.

2. A person may apply to court by claim within 100 days from the day when he or she became aware or could have become aware of the statement which he or she considers to be defamation.

3. A person is entitled, by the claim provided for by this article, to request compensation for the pecuniary damage and/or non-pecuniary (moral) damage caused to him or her.

Law of Georgia of 26 June 2025 No. 826 – website, 27 June 2025.

Article 363⁵⁵. Burden of proof🔗

When considering a case related to defamation, the burden of proof regarding the circumstances material to the case shall be distributed taking into account the relevant norms of the Law of Georgia on Freedom of Speech and Expression.

Law of Georgia of 26 June 2025 No. 826 – website, 27 June 2025.

Article 363⁵⁶. Acceptance of a claim into proceedings🔗

1. Within 3 days of the filing of a claim, the court shall consider the issue of its acceptance into proceedings.

2. If a claim is filed in violation of the requirements of Georgian legislation, the court shall establish a defect and set the claimant a reasonable time limit for its elimination. This time limit shall not be less than 3 days. If the defect is eliminated within the set time limit, the court shall accept the claim into proceedings, and if the defect is not eliminated, it shall issue a ruling on refusal to accept the claim into proceedings and shall return the claim and the attached documents to the claimant.

3. A court ruling on refusal to accept a claim into proceedings may be appealed by way of a private complaint to the appellate court, in accordance with the procedure established by Georgian legislation, within 3 days of its delivery to the claimant.

4. After acceptance of the claim into proceedings, copies of the claim and the attached documents shall be immediately sent to the defendant in accordance with the procedure established by Georgian legislation, and the defendant shall be given 10 days to submit a response.

Law of Georgia of 26 June 2025 No. 826 – website, 27.06.2025.

Article 363⁵⁷. Appeal against a court judgment🔗

1. In a case related to defamation, the appellate court shall, within 3 days of the filing of an appellate complaint, verify its admissibility.

2. In a case related to defamation, an appellate complaint shall be considered within 1 month of its acceptance for consideration.

Law of Georgia of 26 June 2025 No. 826 – website, 27.06.2025.

Article 364. Filing of an appellate complaint🔗

A judgment rendered by a court of first instance may be appealed by the parties and third parties with an independent claim to the appellate court within the time limit established by law.

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Article 365. Value of an appellate complaint🔗

An appellate complaint in a property-law dispute shall be admissible if the value of the subject matter of the dispute exceeds GEL 2,000. This value shall be determined according to the extent to which the party seeks modification of the appealed judgment by the complaint.

Law of Georgia of 6 April 2005 No. 1232 – LHG I, No. 18, 27.04.2005, Art. 109

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 7 March 2018 No. 2035 – website, 29.03.2018.

Article 366. Inadmissibility of appealing a default judgment by way of appeal🔗

1. A default judgment may not be appealed by way of appeal by the party against whom it was rendered.

2. An appeal is admissible only in respect of a default judgment rendered after a repeated default, as a result of which it may no longer be appealed to the court that rendered that judgment. Such a judgment may be appealed by way of appeal only on the ground that there were no relevant legal prerequisites for rendering a repeated default judgment.

Article 367. Filing of an appeal🔗

An appeal shall be filed with the court that rendered the judgment. An appeal shall meet the requirements established by paragraphs 2 and 3 of Article 177 of this Code.

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia No. 407 of 28 June 2000 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 5265 of 11 November 2011 – website, 24.11.2011

Article 368. Content of an appellate complaint🔗

1. An appellate complaint shall contain:

a) the name of the court to which the complaint is addressed;

b) the name and address of the person filing the complaint;

c) the exact name of the appealed judgment and an indication of the court that delivered this judgment;

d) an indication of which part of the judgment is appealed;

e) an indication of what the incorrectness of the judgment consists in and specifically what the person filing the appellate complaint requests;

f) an indication of the circumstances substantiating the appellate complaint and of the evidence confirming these circumstances;

g) the list of written materials attached to the appellate complaint.;

h) an indication whether the person submitting the appellate complaint wishes the case to be considered without an oral hearing;

i) an indication whether the person submitting the appellate complaint wishes the dispute to be considered through court mediation.

1¹. The appellate complaint may also contain an indication regarding the incompatibility of the appealed judgment with the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and with the case law of the European Court of Human Rights on a similar legal issue.

2. The appellate complaint, as well as additionally submitted materials, shall be submitted to the court with as many copies attached as there are participants in the case.

3. The appellate complaint shall be signed by the person filing it or by the representative.

4. If the document confirming the authority is not in the case, the appellate complaint filed by the representative shall be accompanied by a power of attorney confirming his authority to file the appellate complaint.

5. If the appellate complaint does not meet the above-listed requirements or the state fee has not been paid, the court instructs the person filing the complaint to remedy the defect, for which it sets a time limit for him. If the defect is not remedied within this time limit, the appellate complaint shall no longer be accepted.

6. The appellate court is entitled to notify the parties (their representatives) of a defect established in the appellate complaint by telephone, if the defect concerns the formal (and not substantive) side of the appellate complaint provided for by subparagraphs "a"–"c" and "g"–"i" of the first paragraph of this Article and paragraphs 2–4, or if the document confirming payment of the state fee is not attached to the appellate complaint. In the case of notification in this manner, the ruling on the defect shall be considered delivered on the day the telephone notification is made.

7. The time limit set by the appellate court for remedying a defect in the appellate complaint may be extended by the court only at the request of the parties.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 25 May 2012 No. 6315 – website, 08.06.2012

Law of Georgia of 18 September 2019 No. 4955 – website, 27.09.2019

Law of Georgia No. 1919 of 18 October 2022 – website, 24.10.2022

Article 369. Time limit for filing an appeal🔗

1. The time limit for filing an appeal is 14 days. Extension and restoration of this time limit shall not be permitted, and it shall begin from the moment of delivery of the reasoned judgment to the party. The moment of delivery of the reasoned judgment shall be deemed to be the service of a copy of the reasoned judgment on the party in accordance with Articles 70–78 or Article 259¹ of this Code, as well as after the expiry of the time limit established by paragraph 1 of Article 259¹.

2. If a person entitled to file an appeal is present at the announcement of the reasoned judgment, the time limit for filing an appeal shall begin from the moment of its announcement.

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia No. 407 of 28 June 2000 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia No. 929 of 29 December 2004 – LHG I, No. 41, 30.12.2004, Art. 207

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 370. Waiver of appeal🔗

If, after the announcement of the judgment, a party declares in writing to the court or to the opposing party that it waives appeal, the appeal shall no longer be admitted.

Article 371. Transfer of the case to the appellate court🔗

After the appeal is received, the court of first instance shall immediately, but not later than 5 days, send the case in full, as well as all additionally received materials, to the appellate court.

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 372. General provisions🔗

The examination of a case in the appellate court shall be conducted in compliance with the rules established for the examination of cases at first instance, with the amendments and additions set out in this Chapter.

Article 373. Preparation of a case for consideration at the main hearing of the appellate court🔗

1. A case is prepared for consideration at the main hearing of the appellate court by one of the judges of the appellate court (reporting judge), who verifies the admissibility of the appeal and issues a corresponding ruling, sends to the opposing party copies of the appeal and the attached documents and sets for it a time limit for submitting a written response, which must contain answers to the following questions: whether it agrees with the claims of the appeal; if it does not agree, what circumstances its response is based on; whether it intends to file a counter appeal, to present new facts and evidence and, if it does, for what reason it did not present them during the consideration of the case in the court of first instance; whether it wishes the case to be considered without an oral hearing. The response must comply with the requirements established by paragraphs 2 and 3 of Article 177 of this Code. New facts and evidence shall be admitted by the appellate court in compliance with the requirements of Articles 380 and 382 of this Code.

2. The reporting judge may perform other procedural actions provided by law which ensure the prompt and correct consideration of the case. He/she may also schedule a preparatory hearing in accordance with Article 205 of this Code. The appellate judge takes measures for the purpose of concluding the case by settlement.

Law of Georgia No. 1740 of 23 June 2005 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 5667 of 28 December 2011 – website, 30.12.2011

Article 374. Verification of the admissibility of an appeal🔗

1. Within 10 days from the receipt of an appeal, the appellate court shall verify whether the appeal is admissible. If as a result of the verification it appears that the appeal is admissible, the court issues a ruling on accepting the appeal for consideration. If one or another condition of admissibility of the appeal does not exist, the court issues a ruling on leaving the appeal without consideration, against which a private complaint may be filed.

2. These rulings may be adopted by the appellate court without an oral consideration of the case.

3. If the appeal is considered inadmissible, the state fee paid by the person shall be returned to him/her in full.

Law of Georgia No. 407 of 28 June 2000 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 375. Effect of acceptance of an appeal🔗

1. If all preconditions for an appeal exist and it is accepted by the appellate court, the entry into legal force of the appealed judgment shall be suspended in the part that is appealed.

2. If a judgment that must be enforced immediately is appealed, the appellate court may temporarily suspend enforcement and revoke measures related to enforcement. A ruling on this matter may be issued without an oral hearing of the case. The court may suspend enforcement, revoke enforcement measures, and also continue enforcement by applying appropriate security guarantees.

Article 376. Setting the case for hearing🔗

By a ruling on acceptance of the appeal for consideration, the court determines the time of the oral hearing of the case, of which it notifies the parties within 3 days of the adoption of this ruling. The appellate court takes all measures provided by law so that the appeal is considered within the established time limit.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Article 376¹. Consideration of a case without an oral hearing🔗

1. If the appeal is based on a violation of law and requires review of the appealed judgment (ruling) only from a legal standpoint, the appellate court may consider the case and adopt a judgment without an oral hearing, of which the parties must be notified in advance. The appellate court issues a ruling on the date of consideration of the case without an oral hearing.

2. If the appeal requires review of the appealed judgment (ruling) not only from a legal standpoint but also of its factual substantiation, but the appellant has not presented new facts and evidence or has presented new facts and evidence inadmissible under paragraph 2 of Article 380 of this Code, the appellate court may, with the written consent of the parties, consider the case without an oral hearing, of which the parties must be notified in advance.

3. If the appeal concerns a ruling issued by the court of first instance on refusal to grant the claim and leaving the default judgment in force, and also if the case concerns the recovery of a thing from unlawful possession and disputes arising from loan (credit) agreements concluded (including concluded in electronic form) by Georgian banking institutions, microfinance organizations, non-bank deposit institutions − qualified credit institutions, the appellate court may consider the case without an oral hearing. The parties must be notified in advance of the consideration of the case without an oral hearing. Even in the presence of the above circumstances, the judge has the right to consider the case with an oral hearing.

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 7 March 2018 No. 2035 - website, 29.03.2018.

Article 377. Scope of review of a judgment🔗

1. The court of appeal shall review the judgment within the scope of the appeal, from the factual and legal standpoint.

2. When reviewing from the legal standpoint, the court shall be guided by the requirements of Articles 393 and 394.

3. The subject of consideration of the court of appeal may also be those rulings of the court which are issued in connection with the consideration of the case at first instance and which precede the delivery of the court judgment, irrespective of whether a private complaint against them is admissible.

4. The court of appeal shall verify whether the case falls within the jurisdiction of the court as to subject matter and whether it has international jurisdiction in relation to the given specific case.

5. The court of appeal shall verify the jurisdiction of the court of first instance only at the request of the defendant. Such a request shall be admissible if it was raised by the defendant during the consideration of the case at first instance, or if there is a valid reason why such a request could not have been raised in the previous instance.

Article 378. Withdrawal of an appeal🔗

1. Withdrawal of an appeal shall be admissible before the court of appeal delivers a judgment.

2. In the event of withdrawal of the appeal, the court shall terminate the proceedings, as a result of which the party loses the right to again appeal the court judgment by way of appeal.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 379. Cross-appeal🔗

The opposing party may, within 10 days from the delivery of the appeal, file a cross-appeal, irrespective of whether it has waived the filing of an appeal. In the event of withdrawal of the appeal or of leaving it unconsidered, the cross-appeal shall not be considered.

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 380. New facts and evidence🔗

1. During the consideration of the case in the court of appeal, new facts may be adduced and new evidence may be submitted.

2. The court of appeal shall not admit new facts and evidence which the party could have submitted during the consideration of the case in the court of first instance, but failed to submit for a reason that is not valid.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 381. Change and increase of the subject matter of the dispute🔗

Change or increase of the subject matter of the dispute, as well as the filing of a counterclaim, shall be inadmissible in the court of appeal.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Article 382. Examination of evidence🔗

1. The appellate court shall admit newly submitted evidence if it is relevant to the case, taking into account the requirements of Article 380.

2. The appellate court may adopt, in whole or in part, the results of the examination of evidence by the court of first instance.

Article 383. Oral hearing of the case🔗

1. The oral hearing of the case shall begin with a report by one of the members of the appellate court.

2. The reporting judge shall present the circumstances of the case and the operative part of the judgment of the court of first instance, after which the parties shall be given the floor to file and substantiate motions, and the hearing of the parties' opinions shall begin. If during the oral hearing of the case new evidence is admitted, the submission of which does not entail postponement of the hearing of the case, the court shall set a reasonable time for the party to present its opinion.

3. The court shall be entitled, upon a party's motion or on its own initiative, to consider and examine the disputed evidence in accordance with the procedure established by this Code.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Article 384. Scope of modification of a judgment🔗

The appellate court shall be entitled to modify the judgment of the court of first instance only within the scope requested by the parties.

Article 385. Setting aside of a judgment and remand of the case for reconsideration🔗

1. The appellate court shall set aside the judgment and remand the case to the court of first instance for reconsideration if:

a) the circumstances provided for by Article 394 exist;

b) the appealed court judgment wrongly refused to admit the complaint filed against a default judgment;

c) the appealed judgment concerns only the admissibility of the claim;

d) the appealed judgment is a wrongly rendered repeated default judgment.

2. The appellate court may not remand the case and may decide it itself.

Article 386. Judgment of the appellate court🔗

If the appeal is admissible and the case is not remanded to the court of first instance, the appellate court itself shall render a judgment on the case. It shall, by its ruling, refuse to grant the appeal or, by modifying the appealed judgment, render a new judgment on the case.

Article 387. Consequences of non-appearance of the parties🔗

1. If the person who filed the appeal does not appear at the oral hearing of the case, at the request of the opposing party the court of appeal shall issue a default judgment refusing to grant the appeal.

2. If the opposing party does not appear at the hearing of the case, at the request of the person who filed the appeal, the court of appeal shall issue a default judgment, which may be based on the appellant's explanations.

3. In all other cases, the norms set out in this Code regarding the issuance of a default judgment in the court of first instance shall apply.

Article 388. Remand of the case🔗

After the judgment (ruling) enters into force in the court of appeal, the case shall be sent to the court of first instance together with the newly received materials and the judgment (ruling) of the court of appeal.

Law of Georgia of 9 September 1999 No. 2398 – LHG I, No. 43(50), 21.09.1999, Art. 227

Article 389. Content of the judgment of the court of appeal🔗

1. The introductory part of the judgment of the court of appeal shall indicate:

a) the time and place of delivery of the judgment;

b) the name and composition of the court;

c) the name of the person who filed the appeal;

d) the appealed judgment.

2. Instead of the descriptive and reasoning parts, the judgment of the court of appeal shall contain:

a) the claim of the person who filed the appeal;

b) reference to the conclusions of the appealed judgment in relation to the circumstances of the case, taking into account possible changes or additions;

c) reasoning for changing the appealed judgment. If the court of appeal agrees with individual assessments of the court of first instance in relation to the factual and/or legal issues of the case, the reasoning is changed by reference to them. The judgment of the court of appeal may also indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue, by which the court was guided.

3. The operative part of the judgment shall contain the court's conclusion on the granting of the appeal in whole or in part, an indication of the distribution of court costs, as well as the time limit and procedure for appealing the judgment.

Law of Georgia of 29 December 2006 No. 4209 - LHG I, No. 4, 12.01.2007, Art. 51

Law of Georgia of 15 December 2010 No. 4037 - LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022

Article 390. Content of the ruling of the appellate court🔗

1. A judgment of the appellate court by which the case is not re-decided on the merits shall be adopted in the form of a ruling.

2. The introductory part of the appellate court's ruling shall state:

a) the time and place of delivery of the ruling;

b) the name and composition of the court;

c) the name of the person filing the appeal or the private complaint (complaint);

d) the appealed judgment (ruling).

3. Instead of the descriptive and reasoning parts, the appellate court's ruling shall contain:

a) the request of the person filing the appeal or the private complaint (complaint);

b) a reference to the conclusions of the appealed judgment relating to the circumstances of the case;

c) brief reasoning for setting aside or leaving unchanged the appealed judgment. If the appellate court agrees with the assessments and conclusions of the court of first instance relating to the factual and/or legal issues of the case, the reasoning is replaced by a reference to them. The appellate court's ruling may also indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue, by which the court was guided.

4. The operative part of the ruling shall contain the court's conclusion on the full or partial satisfaction of the appeal or the private complaint (complaint) or refusal to satisfy it, a reference to the distribution of court costs, as well as the time limit and procedure for appealing the ruling.

Law of Georgia of 29 December 2006 No. 4209 - LHG I, No. 4, 12.01.2007, Art. 51

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022

Article 391. Filing of a cassation appeal🔗

1. Judgments of the Court of Appeal may be appealed by the parties and third parties with an independent claim to the cassation court within the time limit established by law.

1¹. A cassation appeal shall be filed with the court that delivered the respective judgment. A cassation appeal shall comply with the model form approved by the High Council of Justice of Georgia and shall be drawn up in compliance with the rules indicated in that model, in written form, as a rule, in printed form. The cassation appeal shall fully and consistently set out the cassation appellant's opinions concerning the appealed judgment of the Court of Appeal.

2. (Removed).

3. The value of the subject matter of the cassation appeal shall be determined according to the extent to which the party seeks to have the appealed judgment changed by the appeal. If the amount of that value is doubtful, the person filing the cassation appeal shall reliably substantiate that value.

4. In non-property legal disputes, a cassation appeal shall be admissible in disputes relating to freedom of speech and expression.

5. A cassation appeal in a property or non-property dispute shall be admissible if the cassation appellant substantiates that:

a) the case involves a legal problem whose resolution will promote the development of law and the establishment of uniform court practice;

b) the Supreme Court of Georgia has not previously delivered a judgment on a similar legal issue;

c) as a result of the consideration of the cassation appeal, the delivery of a judgment differing from the Supreme Court of Georgia's previously existing practice on a similar legal issue is probable in the given case;

d) the judgment of the Court of Appeal differs from the Supreme Court of Georgia's previously existing practice on a similar legal issue;

e) the Court of Appeal considered the case with a significant violation of the norms of substantive and/or procedural law, which could have substantially affected the outcome of the consideration of the case;

f) the judgment of the Court of Appeal contradicts the Convention for the Protection of Human Rights and Fundamental Freedoms and/or its additional protocol(s) and the case law of the European Court of Human Rights on a similar legal issue;

g) the second default judgment of the Court of Appeal or a ruling on leaving the default judgment unchanged is appealed.

6. The general time limit for the admission of a cassation appeal and the delivery of a judgment in a civil case is 6 months, and in a case concerning the recovery of an immovable thing from unlawful possession – 2 months.

Law of Georgia No. 1956 of 13 May 1999 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia No. 1232 of 6 April 2005 – LHG I, No. 18, 27.04.2005, Art. 109

Law of Georgia No. 1740 of 23 June 2005 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 4626 of 1¹ December 2015 – website, 29.12.2015

Law of Georgia of 8 February 2017 No. 259 – website, 13.02.2017

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022

Article 391¹. Transfer of a case to the Grand Chamber of the Supreme Court of Georgia🔗

1. The court hearing a case by cassation procedure may, by a reasoned ruling, transfer the case to the Grand Chamber of the Supreme Court of Georgia for examination if:

a) the case, by its content, presents a rare legal problem;

b) the Cassation Chamber does not share the legal assessment (interpretation of a norm) previously formulated by another Cassation Chamber;

c) the Cassation Chamber does not share the legal assessment (interpretation of a norm) previously formulated by the Grand Chamber.

2. In the Grand Chamber of the Supreme Court of Georgia, a case is examined by cassation procedure in accordance with this Code and the Organic Law of Georgia "On Common Courts".

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 4 December 2009 No. 2261 – LHG I, No. 41, 08.12.2009, Art. 305

Article 392. Inadmissibility of appealing a default judgment🔗

1. A default judgment may not be appealed by cassation procedure by the party against whom it was rendered.

2. A cassation appeal is admissible only against a default judgment that was rendered after a repeated default, as a result of which it may no longer be appealed to the court that rendered that judgment. Such a judgment may be appealed by cassation procedure only on the ground that there were no proper legal prerequisites.

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Article 393. Grounds for a cassation appeal🔗

1. A cassation appeal may be based only on the fact that the judgment was rendered in violation of the law. In the cassation appeal it is also possible to indicate the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue which, in the cassator's opinion, have been violated by the appealed judgment.

2. Norms of law are considered violated if the court:

a) did not apply a law which it should have applied;

b) applied a law (including the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue) which it should not have applied;

c) incorrectly interpreted a law (including the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols), which is manifested in the inconsistency of these interpretations with the case-law of the European Court of Human Rights on a similar legal issue.

3. A violation of norms of procedural law may become a ground for setting aside a judgment only if, as a result of that violation, an incorrect judgment was rendered in the case.

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022

Article 394. Absolute grounds for annulment of a judgment🔗

A judgment shall always be considered to have been rendered in violation of law if:

a) the case was considered by an unlawful composition of the court;

b) the court considered the case in the absence of one of the parties, which had not received notification in the manner established by law, or without its legal representative, where such representation was provided for by law, except in cases where such legal representative recognises the lawfulness of the conduct of the court proceedings;

c) the judgment was rendered in a case which is not within the departmental jurisdiction of the court;

d) the judgment was rendered on the basis of an oral hearing of the case, during which the rules of publicity of the proceedings were violated;

e) the judgment is not sufficiently substantiated in law;

e¹) the reasoning of the judgment is so incomplete that it is impossible to verify its legal validity;

f) the judgment is not signed by the judges who are indicated in the judgment;

g) the judgment was rendered by judges who had previously participated in the consideration of this case;

h) the case file does not contain the minutes of the sitting of the Court of Appeal.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 395. (repealed)🔗

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 9 September 1999 No. 2398 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011

Law of Georgia of 8 February 2017 No. 259 – website, 13.02.2017

Article 396. Content of a cassation appeal🔗

1. A cassation appeal shall contain:

a) the name of the court to which the appeal is addressed;

b) the name and address of the person filing the appeal;

c) the exact name of the appealed judgment and an indication of the court that delivered that judgment;

d) an indication of which part of the judgment is appealed;

e) an indication of the scope in which the judgment is appealed, the grounds for appeal (cassation grounds) and an explanation as to whether the appellant requests the annulment or the modification of the judgment (cassation application);

f) an indication of the facts and evidence confirming the violation of procedural law norms, if the cassation appeal is based on a violation of procedural norms;

g) a list of the written materials attached to the cassation appeal;

h) the signature of the person filing the cassation appeal.

1¹. A cassation appeal may also contain an indication of the inconsistency of the appealed judgment with the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and with the case-law of the European Court of Human Rights on a similar legal issue.

2. A cassation appeal filed by a representative shall be accompanied by a power of attorney confirming the representative's authority to file a cassation appeal, unless a document confirming such authority is in the case file.

3. If the cassation appeal does not meet the requirements listed herein or the state fee has not been paid, the court instructs the person filing the appeal to remedy the defect, for which it sets a time limit for that person. If the defect is not remedied within that time limit or the cassation appeal has not been filed within the time limit established by law, the cassation appeal shall be left unexamined.

4. Within 10 days of the receipt of the cassation appeal, the reporting judge shall verify whether the cassation appeal has been filed in compliance with the requirements established by this Article. The reporting judge decides the said issue without an oral hearing.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 8 February 2017 No. 259 – website, 13.02.2017

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022

Article 397. Time limit for filing a cassation appeal🔗

1. The time limit for filing a cassation appeal is 21 days. This time limit may not be extended (restored) and it starts running from the moment the judgment is served on the party.

2. If a person entitled to file a cassation appeal is present at the delivery of the reasoned judgment, the time limit for filing a cassation appeal starts running from the moment of its delivery.

Law of Georgia of 9 September 1999 No. 2398 – LHG I, No. 43(50), 21 September 1999, Art. 227

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13 July 2000, Art. 71

Law of Georgia of 29 December 2004 No. 929 – LHG I, No. 41, 30 December 2004, Art. 207

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11 July 2005, Art. 227

Law of Georgia of 28 December 2011 No. 5667 – website, 30 December 2011

Article 398. Transfer of the case to the Court of Cassation🔗

After the receipt of a cassation appeal, the Court of Appeal shall immediately send the cassation appeal and the case in full to the Court of Cassation.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 1 June 1999, Art. 71

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11 July 2005, Art. 227

Article 399. General provisions🔗

The examination of a case before the Court of Cassation shall be conducted in compliance with the rules established for the examination of cases before the Court of Appeal, except for the exceptions contained in this Chapter.

Article 400. Sending of the cassation appeal to the other party, response to the cassation appeal🔗

After acceptance for examination, copies of the cassation appeal and the attached materials shall be sent to the other party, for which the Court of Cassation shall set a time limit for giving a written response to the appeal.

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31 July 2006, Art. 243

Article 401. Verification of the Admissibility of a Cassation Appeal🔗

1. In accordance with the requirements established by Article 391 of this Code, the admissibility of a cassation appeal shall be verified by a collegial composition of the court. The panel is entitled to decide this issue without an oral hearing.

2. The court shall issue a reasoned ruling on declaring the cassation appeal inadmissible. This ruling must contain a reasoned rejection of the grounds for admissibility indicated by the cassation appellant.

3. Within 3 months from the receipt of the cassation appeal, and in a case concerning the recovery of an immovable thing from unlawful possession – within 1 month, the Cassation Court must verify whether the cassation appeal is admissible in accordance with the requirements established by Article 391 of this Code. If the cassation appeal satisfies the said requirements, it shall be declared admissible.

4. If the cassation appeal is declared inadmissible, 70 percent of the state fee paid by the person shall be returned to the person.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13 July 2000, Art. 71

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11 July 2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31 July 2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 3 January 2008, Art. 1

Law of Georgia of 1¹ December 2015 No. 4626 – website, 29 December 2015

Law of Georgia of 8 February 2017 No. 259 – website, 13 February 2017

Article 402. Effect of Acceptance of a Cassation Appeal🔗

1. If all preconditions for a cassation appeal exist and it has been accepted by the Cassation Court, the entry into legal force of the appealed judgment shall be suspended in the part that is appealed.

2. If a judgment that must be enforced immediately is appealed, the Cassation Court may temporarily suspend enforcement and cancel measures related to enforcement.

3. A ruling on this matter may be issued without an oral hearing of the case, with appropriate guarantees of security.

Article 402¹. Application to the European Court of Human Rights for an advisory opinion🔗

1. The Court of Cassation shall have the right, after admitting a cassation appeal for proceedings, to apply to the European Court of Human Rights for an advisory opinion on those principal issues related to the case which concern the interpretation or application of the rights and freedoms provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols.

2. The Court of Cassation shall substantiate the request for an application to the European Court of Human Rights for an advisory opinion and shall submit to the European Court of Human Rights the relevant legal and factual circumstances related to the case.

3. The Court of Cassation shall notify the parties of the application to the European Court of Human Rights for an advisory opinion.

4. An advisory opinion of the European Court of Human Rights shall not be binding.

5. From the application by the Court of Cassation to the European Court of Human Rights for an advisory opinion until the receipt of the advisory opinion, the running of the time limits provided for by paragraph 6 of Article 391 and paragraph 3 of Article 401 of this Code shall be suspended.

Law of Georgia of 29 May 2015 No. 3666 – website, 05.06.2015.

Article 403. Setting a case for hearing🔗

1. By a ruling on admitting the cassation appeal for examination, the court shall determine the time of the oral hearing of the case, of which it shall notify the parties within 3 days of the adoption of this ruling.

2. The court shall notify the parties of the referral of the case to the Grand Chamber and of the date of its hearing.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Law of Georgia of 8 June 2001 No. 918 – LHG I, No. 18, 28.06.2001, Art. 56

Article 404. Scope of review of a judgment🔗

1. The Court of Cassation shall review the judgment within the scope of the cassation appeal. The Court of Cassation may not, on its own initiative, review procedural violations, except for the facts indicated in subparagraph „f“ of paragraph 1 of Article 396.

2. The subject of examination by the Court of Cassation may also be those rulings of the court which precede the final judgment of the court, irrespective of whether a private complaint may be filed against them.

3. The Court of Cassation shall verify whether the case falls within the jurisdiction of the court and whether it has international jurisdiction over the given specific case. The Court of Cassation shall verify the territorial and subject-matter jurisdiction of the court of first instance only at the request of the defendant. Such a request shall be admissible if it was raised by the defendant during the examination of the case in the court of appeal, or if there is a valid reason why such a request could not be raised in the court of appeal.

Article 405. Counter cassation appeal🔗

The opposing party may, within 10 days of the transmission of the cassation appeal, file a counter cassation appeal, regardless of whether it has refused to file a cassation appeal.

Law of Georgia No. 1740 of 23 June 2005 – LHG I, No. 36, 11.07.2005, Art. 227

Article 406. Change and enlargement of the subject matter of the dispute🔗

Change or enlargement of the subject matter of the dispute, the filing of a counter claim and the determination of costs shall not be admissible before the cassation court.

Article 407. Factual basis of review🔗

1. The cassation court shall consider only those explanations of a party that are reflected in the judgments of the courts or in the minutes of the hearings. In addition, the facts indicated in subparagraph „f“ of the first paragraph of Article 396 of this Code may be taken into account.

2. The factual circumstances recognised as established by the appellate court shall be binding on the cassation court, unless an admissible and substantiated claim (objection) has been raised.

Law of Georgia No. 1972 of 28 May 1999 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia No. 1740 of 23 June 2005 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 408. Oral hearing of the case🔗

1. The oral hearing of the case shall begin with a report by one of the members of the cassation court.

2. The reporting judge shall report to the court on the circumstances of the case and on the grounds of the appellate court's judgment. Thereafter the parties shall be given the floor for the purpose of making and substantiating statements.

3. The cassation court may deliver a judgment without an oral hearing of the case. The court shall notify the parties in advance of the consideration of the case without an oral hearing.

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 409. Scope of modification of the judgment🔗

The cassation court shall be entitled to modify the judgment of the appellate court only within the limits sought by the parties.

Law of Georgia No. 1972 of 28 May 1999 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia No. 1740 of 23 June 2005 – LHG I, No. 36, 11.07.2005, Art. 227

Article 410. Dismissal of the cassation appeal🔗

The cassation court shall not grant the cassation appeal if:

a) the indicated violation of law has not occurred;

b) the judgment of the appellate court is not based on a violation of law;

c) the judgment of the appellate court is substantially correct, notwithstanding that the reasoning part of the judgment does not contain the relevant substantiation.

Law of Georgia No. 1972 of 28 May 1999 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia No. 1740 of 23 June 2005 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 411. Judgment of the Court of Cassation🔗

The Court of Cassation shall itself render a judgment on the case if there are no grounds provided for by Article 412 of this Code for setting aside the judgment and returning the case to the Court of Appeal for re-examination. The judgment of the Court of Cassation may also be substantiated in accordance with the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the case-law of the European Court of Human Rights on a similar legal issue, by which the court was guided.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 18 October 2022 No. 1919 – website, 24.10.2022

Article 412. Return of the case to the Court of Appeal for re-examination🔗

1. The Court of Cassation shall set aside the judgment and return the case to the Court of Appeal for re-examination if:

a) the circumstances of the case have been established with such a violation of procedural norms that, as a result of these violations, an incorrect judgment was rendered in the case and additional examination of evidence is necessary;

b) there exist the grounds provided for by Article 394 of this Code, except for subparagraphs „c“ and „e“ of the said Article.

2. The judgment provided for by paragraph 1 of this Article shall be based by the Court of Cassation on a legal assessment which is binding on the Court of Appeal. The case may be returned to the Court of Appeal for re-examination to the same or a different composition.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 23 June 2005 No. 1740 – LHG I, No. 36, 11.07.2005, Art. 227

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31.07.2006, Art. 243

Article 413. Return of the case🔗

After consideration of the case in the Court of Cassation, the case, together with a copy of the judgment of the Court of Cassation, shall be returned to the court that considered the case.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Article 414. Filing of a Private Complaint🔗

1. A private complaint may be filed against rulings issued by a court, only in the cases provided for by this Code.

(The normative content of the first paragraph of Article 414, which, in relation to the cases provided for by the first paragraph of Article 355 of this Code, excludes the possibility of appealing to the appellate court a temporary injunction issued by the court of first instance on the granting of, or refusal to grant, a parent the authority to take the child outside the borders of Georgia, was declared invalid) – Decision of the Constitutional Court of Georgia No. 1/2/1731 of 7 March 2025 – website, 11.03.2025.

2. A private complaint may be filed by the parties against whom the ruling was issued, as well as by those persons who are directly affected by this ruling.

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 227

Decision of the Constitutional Court of Georgia No. 1/2/1731 of 7 March 2025 – website, 11.03.2025.

Article 415. Filing of a Private Complaint🔗

A private complaint shall be filed with the court that issued the judgment. A private complaint must meet the requirements established for a claim by paragraph 2 of Article 177 of this Code.

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 416. Time Limit for Filing a Private Complaint🔗

The time limit for filing a private complaint is 12 days. Extension or restoration of this time limit shall not be permitted. It shall begin from the moment of the delivery of the ruling to the party or from its announcement to the party at a court hearing, if a person entitled to file a private complaint was present at the announcement of the ruling. The moment of delivery of the ruling shall be deemed to be the service of a copy of the ruling on the party directly in court or in accordance with Articles 70–78 of this Code.

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 417. Sending of a Private Complaint and Case Materials to a Higher Court🔗

A private complaint shall be sent to the higher court together with the case.

Law of Georgia No. 1972 of 28 May 1999 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia No. 2130 of 25 November 2005 – LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia No. 3435 of 13 July 2006 – LHG I, No. 32, 31.07.2006, Art. 243

Article 418. Effect of Filing a Private Complaint🔗

1. The filing of a private complaint shall not suspend the performance of the procedural action that was provided for by the appealed ruling of the court.

2. The court may suspend the performance of such a procedural action. The suspension of the performance of a procedural action provided for by the appealed ruling may be effected by the court of a higher instance.

Law of Georgia No. 5669 of 28 December 2007 – LHG I, No. 1, 03.01.2008, Art. 1

Article 419. Judgment on a private complaint🔗

1. A ruling on a private complaint shall be issued by the court of a higher instance within 2 months from receipt of the private complaint.

2. The ruling shall be delivered without an oral hearing of the case. The court may also order an oral hearing of the private complaint if this is necessary and facilitates clarification of the circumstances of the case. In the case of an oral hearing of the case, the judge is entitled to deliver the ruling without retiring to the deliberation room.

3. A ruling of a higher court on a private complaint shall not be subject to appeal.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 1 June 1999, Art. 71

Law of Georgia of 9 September 1999 No. 2398 – LHG I, No. 43(50), 21 September 1999, Art. 227

Law of Georgia of 25 November 2005 No. 2130 – LHG I, No. 53, 19 December 2005, Art. 350

Law of Georgia of 28 December 2007 No. 5669 – LHG I, No. 1, 3 January 2008, Art. 1

Article 420. Procedure for hearing a private complaint🔗

Private complaints shall be heard in higher courts in accordance with the rules provided for such courts.

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 1 June 1999, Art. 71

Article 421. Types of resumption of proceedings🔗

1. The resumption of proceedings terminated by a judgment or ruling that has entered into legal force shall be permissible only where there are grounds for an application for declaring the judgment invalid (Article 422) or for resumption of proceedings on the basis of newly discovered circumstances (Article 423).

2. If applications for declaring the judgment invalid and for resumption of proceedings on the basis of newly discovered circumstances are filed with the court both by the same party and by both parties simultaneously, the court shall suspend the hearing of the application for resumption of proceedings on the basis of newly discovered circumstances until the application for declaring the judgment (ruling) invalid has been heard.

Article 422. Application for declaring a judgment (ruling) invalid🔗

1. A judgment that has entered into legal force may, upon application of an interested person, be declared invalid if:

a) a judge participated in the adoption of the judgment who, under the law, was not entitled to participate in the adoption of that judgment;

b) one of the parties or its lawful representative (if it needs such a representative) was not summoned to the hearing of the case;

c) a person whose rights and interests provided for by law are directly affected by the judgment adopted was not summoned to the hearing of the case;

d) the court notice was deemed served in accordance with paragraph 5 of Article 71 of this Code, however the defendant who failed to appear states before the court that he/she, through no fault of his/her own, had no information about the court notice and/or the court judgment, as a result of which he/she was not given the opportunity to submit a response or/and to appeal the court judgment. In this case, the defendant presents in his/her application his/her position for the first time regarding the substantive circumstances of the case.

2. A judgment may not be declared invalid on the above grounds if the party could have raised these grounds during the hearing of the case, respectively, before the court of first instance, appellate or cassation instance.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 30 March 2021 No. 424 – website, 13.04.2021

Article 422¹. Declaring invalid a court judgment on the establishment of certain facts of legal significance🔗

1. Court judgments on the establishment of the birth or death of a person at a certain time and in certain circumstances, as well as on the establishment of a fact of legal significance of the registration of birth or death, may be declared invalid upon application of an interested person, if at the moment of submission of the application for declaring the court judgment invalid there exist two different records of the civil act and the contested judgment established incorrect data.

2. The time limits established by Article 426 of this Code shall not apply to the submission of an application in the manner established by paragraph 1 of this Article.

Law of Georgia of 20 December 2011 No. 5569 - website, 28.12.2011

Article 423. Application for renewal of proceedings due to newly discovered circumstances🔗

1. A judgment that has entered into legal force may be appealed by way of a request for renewal of proceedings due to newly discovered circumstances if:

a) it transpires that the document on which the judgment is based is forged;

b) it is established that a witness knowingly gave false testimony, an expert knowingly gave a false opinion, a knowingly incorrect translation, which resulted in the adoption of an unlawful or unfounded judgment;

c) it is established that the parties to this case and their representatives committed a criminal act, or that the judge committed a criminal act;

d) a court sentence, judgment, ruling or a resolution of another body, which served as the basis for this judgment, has been set aside;

e) a party submits to the court a judgment that has entered into legal force and was delivered in respect of the same claim;

f) a party has become aware of such circumstances and evidence which, had they been submitted to the court earlier at the time of the consideration of the case, would have resulted in the delivery of a judgment favourable to that party;

g) there is a judgment (ruling) of the European Court of Human Rights that has entered into legal force and has established a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and/or its additional protocols in connection with this case, and the established violation results from the judgment subject to review;

h) there is a decision of the United Nations Human Rights Committee, the Committee on the Elimination of All Forms of Discrimination against Women, the Committee on the Rights of the Child, the Committee against Torture, the Committee on the Rights of Persons with Disabilities or the Committee on the Elimination of Racial Discrimination (hereinafter – the Committee) by which a violation of the founding convention of the Committee was established in connection with this case, and the judgment subject to review is based on that violation.

2. Proceedings shall be renewed due to newly discovered circumstances on the grounds referred to in subparagraphs "a"–"c" of the first paragraph of this Article, if there is a sentence that has entered into legal force in a criminal case.

3. Renewal of proceedings on the grounds referred to in subparagraphs "e"-"f" of the first paragraph of this Article shall be permissible if the party, through no fault of its own, did not have the opportunity, at the time of the consideration of the case and the delivery of the judgment, to submit a judgment that has entered into legal force and was delivered on the same claim, or to point to new circumstances and evidence.

4. In the event of renewal of proceedings on the ground referred to in subparagraph "g" of the first paragraph of this Article, the court shall consider the issue of awarding appropriate compensation to the claimant party, if it is impossible to change the judgment due to the acquisition of rights in good faith by third parties.

Law of Georgia of 13 July 2006 No. 3435 - LHG I, No. 32, 31.07.2006, Art. 243

Law of Georgia of 28 December 2007 No. 5669 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia of 4 May 2010 No. 3035 - LHG I, No. 24, 10.05.2010, Art. 163

Law of Georgia of 27 April 2016 No. 5012 – website, 13.05.2016.

Law of Georgia of 22 December 2016 No. 201 – website, 29.12.2016.

Law of Georgia of 31 May 2023 No. 2993 – website, 13.06.2023.

Article 424. Jurisdiction🔗

1. An application for declaring a judgment invalid or for resumption of proceedings due to newly discovered circumstances shall be filed with the court that delivered the judgment (ruling). The application shall be considered by the court that delivered the judgment also in the case where there is a ruling of a higher court on leaving this judgment unchanged. The court of appeal or the court of cassation shall consider an application for declaring a judgment invalid and for resumption of proceedings due to newly discovered circumstances only if it concerns a judgment delivered by it.

2. If an application for declaring a judgment invalid or for resumption of proceedings due to newly discovered circumstances concerns the judgments (rulings) of several court instances in the same case, it shall be filed with the highest court instance among them.

Law of Georgia of 28 June 2000 No. 407 – LHG I, No. 26, 13.07.2000, Art. 71

Article 425. Rule for filing an application🔗

The filing and consideration of an application for declaring a judgment invalid and for resumption of proceedings due to newly discovered circumstances shall be carried out in accordance with the general rules, taking into account the exceptions established in this Chapter.

Article 426. Time limit for filing an application🔗

1. An application for declaring a judgment invalid and for reopening proceedings on the basis of newly discovered circumstances shall be filed within one month, and extension of this time limit shall not be permitted.

2. The time limit shall start running from the day when the party became aware of the existence of the grounds for declaring the judgment invalid and for reopening proceedings on the basis of newly discovered circumstances.

2¹. Where the ground referred to in subparagraph „g“ of paragraph 1 of Article 423 of this Code exists, an application for reopening proceedings on the basis of newly discovered circumstances shall be filed within 3 months from the entry into legal force of the judgment (ruling) of the European Court of Human Rights, and where the ground referred to in subparagraph „h“ of paragraph 1 of Article 423 of this Code exists − within 6 months from the adoption of the decision of the relevant committee.

3. If the application for declaring the judgment invalid is based on subparagraph „b“ of paragraph 1 of Article 422 of this Code, the time limit for filing the application shall start running from the day when the judgment is served on the party, if the party is incapable – on his/her legal representative, and if he/she is a recipient of support who has been subjected to support for the exercise of procedural representation, – on him/her or his/her supporter. The calculation of the said time limit shall start from the day of service of the later-served judgment.

4. Filing an application for declaring a judgment invalid and for reopening proceedings on the basis of newly discovered circumstances shall be inadmissible after 5 years have elapsed from the entry of the judgment into legal force, except for the cases provided for by subparagraph „c“ of paragraph 1 of Article 422 of this Code and subparagraphs „g“ and „h“ of paragraph 1 of Article 423 of this Code.

(The normative content of paragraph 4 of Article 426 which concerns:

a) the inadmissibility of filing, by a person, of an application for declaring invalid a judgment that has entered into legal force, on the ground provided for by subparagraph „b“ of paragraph 1 of Article 422 of the Civil Procedure Code of Georgia, after 5 years have elapsed from the entry of the judgment into legal force, in circumstances where the party or its representative was not aware of the proceedings pending against it in court, and

b) the inadmissibility of filing an application for reopening proceedings on the basis of a newly discovered circumstance, on the ground provided for by subparagraph „d“ of paragraph 1 of Article 423 of the Civil Procedure Code of Georgia, after 5 years have elapsed from the entry of the judgment into legal force, in the case where the court's verdict, judgment, ruling or resolution of another body which had prejudicial force and essentially decided the issue to be examined within the framework of civil/administrative proceedings has been revoked, was declared invalid) - Decision No. 3/2/1400 of the Plenum of the Constitutional Court of Georgia of 7 June 2024 – website, 11.06.2024.

(The normative content of paragraph 4 of Article 426 was declared unconstitutional, which concerns the inadmissibility of a person filing an application for renewal of proceedings concluded by that person on the ground provided for by subparagraph „c“ of paragraph 1 of Article 423 of the Civil Procedure Code of Georgia after the expiry of 5 years from the entry of the judgment into legal force, in the case where the investigation was started within the period of the 5-year limitation period established for the renewal of the concluded proceedings, but the conviction in the criminal case entered into legal force after the expiry of the 5-year limitation period) - Decision of the Constitutional Court of Georgia of 11 December 2025 No. 3/11/1689 – website, 12.12.2025.

Law of Georgia of 4 May 2010 No. 3035 - LHG I, No. 24, 10.05.2010, Art. 163

Decision of the Constitutional Court of Georgia of 5 November 2013 No. 3/1/531 – website, 18.11.2013.

Law of Georgia of 20 March 2015 No. 3340 – website, 31.03.2015.

Law of Georgia of 27 April 2016 No. 5012 - website, 13.05.2016.

Decision of the Plenum of the Constitutional Court of Georgia of 7 June 2024 No. 3/2/1400 – website, 11.06.2024.

Decision of the Constitutional Court of Georgia of 11 December 2025 No. 3/11/1689 – website, 12.12.2025.

Article 427. Content of an application for declaring a judgment invalid and for renewal of proceedings due to newly discovered circumstances🔗

1. The application shall contain:

a) the exact designation of the judgment being appealed;

b) an indication of the grounds on which the judgment must be declared invalid or the proceedings renewed;

c) an indication of the circumstances showing that the time limit for filing the application has been observed, and of the evidence confirming these circumstances;

d) an indication as to compliance with the rules of jurisdiction;

e) an indication as to the extent and scope to which the applicant requests the annulment of the judgment being appealed and its replacement by another judgment.

2. If the application does not meet these requirements, the court shall instruct the applicant to remedy the defect, for which purpose it shall set a time limit. If the defect is not remedied within that time limit, the application shall no longer be admitted.

Article 428. Recusal of a judge from consideration of an application🔗

The participation in the consideration of an application for declaring a judgment invalid or for renewal of proceedings due to newly discovered circumstances shall be inadmissible for a judge who, under the law, should not have participated in the adoption of the judgment (subparagraph „a“ of paragraph 1 of Article 422), or on account of whose criminal act proceedings for renewal are initiated (subparagraph „c“ of paragraph 1 of Article 423).

Article 429. Examination of the Admissibility of an Application🔗

The court shall, on its own initiative, verify whether an application for renewal of proceedings is admissible. If any condition for granting the application does not exist, the court shall, by its ruling, leave the application unexamined, which may be appealed by interlocutory appeal.

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 227

Article 430. Consideration of an Application🔗

1. An application for renewal of proceedings, except for the case provided for by subparagraph „f“ of paragraph 1 of Article 423 of this Code, shall be considered without an oral hearing. The court may also order an oral hearing if this is necessary and facilitates clarification of the circumstances of the case. In the case of an oral hearing, the parties shall be notified of the time and place of the court hearing, but their failure to appear cannot prevent the court from considering and deciding the matter.

2. If it is found that the application for renewal of proceedings is unfounded, the court shall issue a ruling refusing to grant the application, which may be appealed by interlocutory appeal.

3. If it becomes clear that the application for renewal of proceedings is well-founded, the court shall, by ruling, set aside the appealed judgment, except for the case provided for by subparagraph „f“ of paragraph 1 of Article 423 of this Code, which may be appealed by interlocutory appeal.

(Shall be declared invalid from 1 June 2025 the normative content of paragraph 3 of Article 430 which permits the possibility of setting aside a court judgment that has entered into legal force on the ground provided for by subparagraph „c“ of paragraph 1 of Article 422 of the Civil Procedure Code of Georgia) - Ruling No. 2/8/1455 of 27 December 2024 of the Constitutional Court of Georgia - website, 31.12.2024.

4. In the case provided for by subparagraph „f“ of paragraph 1 of Article 423 of this Code, upon renewal of proceedings, the court shall, by ruling, set aside the appealed judgment in whole or in part or, in accordance with the procedure established by Article 431 of this Code, leave it in force until the consideration of the case is completed. The said ruling may be appealed by interlocutory appeal.

Law of Georgia No. 2398 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 227

Law of Georgia No. 5669 of 28 December 2007 - LHG I, No. 1, 03.01.2008, Art. 1

Law of Georgia No. 6315 of 25 May 2012 – website, 08.06.2012.

Decision No. 2/8/765 of 7 December 2018 of the Constitutional Court of Georgia – website, 12.12.2018.

Law of Georgia No. 805 of 22 July 2021 – website, 26.07.2021.

Ruling No. 2/8/1455 of 27 December 2024 of the Constitutional Court of Georgia - website, 31.12.2024.

Article 431. Consideration of the case🔗

After the appealed judgment is fully or partially set aside or is left in force until the completion of the consideration of the case, the case in which that judgment was delivered shall be reconsidered from the beginning in accordance with the procedure established by this Code for the consideration of a case.

Law of Georgia of 22 July 2021 No. 805 – website, 26.07.2021.

Article 432. Enforcement of the judgment🔗

An application for renewal of the case cannot suspend the enforcement of the judgment. The court may, by its ruling, temporarily suspend the enforcement of the judgment. The compulsory execution of the judgment shall depend on whether the party requesting the proceedings provides appropriate guarantees.

Article 432¹. Payment of compensation on the basis of a decision of the Committee🔗

A person is entitled to apply to a court requesting the payment of monetary compensation on the basis of a decision of the Committee on the payment of compensation by the State. The court shall determine the amount of compensation taking into account the gravity of the human rights violation and other objective factors. A claim for the receipt of monetary compensation shall be considered in accordance with the procedure established by the Administrative Procedure Code of Georgia.

Law of Georgia of 27 April 2016 No. 5012 – website, 13.05.2016.

Transitional and Final Provisions of the Civil Procedure Code

Article 433. Entry into force of the Civil Procedure Code of Georgia🔗

The Civil Procedure Code of Georgia shall enter into force on 15 May 1999, when, in accordance with the Organic Law of Georgia "On Common Courts", the formation of the common court system is completed and the judges of this system are appointed.

Law of Georgia of 20 February 1998 No. 1261 – Parliament Gazette, No. 11-12, 14.03.1998, p. 32

Law of Georgia of 17 July 1998 No. 1529 – Parliament Gazette, No. 27-28, 30.07.1998, p. 15

Law of Georgia of 24 December 1998 No. 1773 – LHG I, No. 1(8), 14.01.1999, Art. 10

Article 433¹. (Removed)🔗

Law of Georgia of 15 December 2010 No. 4037 – LHG I, No. 75, 27.12.2010, Art. 480

Law of Georgia of 11 November 2011 No. 5265 – website, 24.11.2011.

Article 434. List of invalidated normative acts🔗

From 15 May 1999, the following shall be considered invalid:

Law of the Georgian SSR of 26 December 1964 "On approval of the Civil Procedure Code of the Georgian SSR" (Gazette of the Supreme Council of the Georgian SSR, 1964, No. 36, Art. 663), as well as the "Civil Procedure Law Code of the Georgian SSR" approved by this Law.

Law of Georgia of 20 February 1998 No. 1261 – Parliament Gazette, No. 11-12, 14.03.1998, p. 32

Law of Georgia of 17 July 1998 No. 1529 – Parliament Gazette, No. 27-28, 30.07.1998, p. 15

Law of Georgia of 24 December 1998 No. 1773 – LHG I, No. 1(8), 14.01.1999, Art. 10

Article 434¹. Normative act to be adopted pursuant to this Code🔗

The High Council of Justice of Georgia shall ensure the adoption of the decision provided for by paragraph 2 of Article 37 of this Code before 1 January 2014.

Law of Georgia of 20 September 2013 No. 1156 – website, 08.10.2013.

Article 435. Operation of civil procedural legislation in time🔗

The proceedings of civil cases in court shall be conducted in accordance with the civil procedural laws in force at the time of the examination of the case, the performance of an individual procedural action or the enforcement of court judgments.

Article 436. Consideration of cases received by courts before 15 May 1999 that are still pending🔗

1. Civil cases that were received by courts before 15 May 1999, but the consideration of which has not been completed by that time, shall be considered, in accordance with the rules established by the Civil Procedure Code, by the courts in whose proceedings these cases were.

2. Supervisory complaints submitted before 15 May 1999 against decisions of the common courts of Georgia that have entered into legal force, in respect of which supervisory proceedings have not been completed, shall be considered by the Civil Cases Chamber of the Supreme Court of Georgia.

3. Supervisory protests filed before 15 May 1999 against decisions of the common courts of Georgia that have entered into legal force, as well as motions of the Supervisory Chamber of the Supreme Court of Georgia, shall be considered by the Chamber of Civil, Entrepreneurial and Bankruptcy Cases of the Supreme Court of Georgia.

4. Judgments delivered by a court of first instance before 15 May 1999 in civil cases, which have not entered into legal force, may be appealed by way of appeal.

5. Judgments delivered after 15 May 1999 in civil cases considered by the Supreme Court of Georgia at first instance may be appealed to the cassation court within the time limit established by law.

6. The Chamber of Civil, Entrepreneurial and Bankruptcy Cases of the Supreme Court of Georgia shall consider the cases referred to in paragraphs 2 and 3 of this Article in accordance with the procedure established by Article 408, collegially – with the participation of three judges. Complaints filed in those cases which are particularly complex, as well as considered by the Supervisory Chamber, the Civil Cases Collegium and the Presidium of the Supreme Court, shall be considered by the full composition of those members of the Chamber who have not participated in the consideration of the case. This rule shall not apply to those who participated in the consideration of cases in the Supervisory Chamber of the Supreme Court.

7. The Chamber of Civil, Entrepreneurial and Bankruptcy Cases of the Supreme Court of Georgia, when considering cases by way of supervision, may refrain from remitting the case for reconsideration and deliver a judgment in accordance with Article 411. A violation of procedural law norms may serve as a ground for setting aside a judgment only if, as a result of that violation, an incorrect judgment was delivered in the case.

Law of Georgia of 20 February 1998 No. 1261 – Parliamentary Gazette, No. 11-12, 14.03.1998, p. 32

Law of Georgia of 17 July 1998 No. 1529 – Parliamentary Gazette, No. 27-28, 30.07.1998, p. 15

Law of Georgia of 24 December 1998 No. 1773 – LHG I, No. 1(8), 14.01.1999, Art. 10

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14.05.1999, Art. 64

Law of Georgia of 28 May 1999 No. 1972 – LHG I, No. 18(25), 01.06.1999, Art. 71

Law of Georgia of 22 July 1999 No. 2314 – LHG I, No. 36(43), 29.07.1999, Art. 176

Law of Georgia of 4 December 2009 No. 2261 – LHG I, No. 41, 8 December 2009, Art. 305

Article 437. (Removed)🔗

Law of Georgia of 20 February 1998 No. 1261 – Parliamentary Herald, No. 11-12, 14 March 1998, p. 32

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14 May 1999, Art. 64

Article 438. (Removed)🔗

Law of Georgia of 20 February 1998 No. 1261 – Parliamentary Herald, No. 11-12, 14 March 1998, p. 32

Law of Georgia of 26 June 1998 No. 1494 – Parliamentary Herald, No. 25-26, 15 July 1998, p. 32

Law of Georgia of 13 May 1999 No. 1956 – LHG I, No. 15(22), 14 May 1999, Art. 64

Article 439. Jurisdiction of the courts of the Autonomous Republic of Abkhazia🔗

Until the full restoration of the jurisdiction of Georgia in the Autonomous Republic of Abkhazia, the protection of the violated and disputed rights of internally displaced persons, as well as of the interests provided for by legislation, shall be carried out by the courts of the Autonomous Republic of Abkhazia according to their areas of operation, in compliance with the requirements of Chapter III of the Civil Procedure Code of Georgia, if the defendant is also an internally displaced person.

Law of Georgia of 26 June 1998 No. 1519 – Parliamentary Herald, No. 25-26, 15 July 1998, p. 39

Article 440. Restriction of the activity of a representative in civil proceedings🔗

A person who has not passed the bar qualification examination and has not joined the Georgian Bar Association shall be prohibited from exercising the powers of a representative before the courts of the appellate and cassation instances, except for employees of a state authority body, a municipality/municipal body, or organisations – in cases of these bodies and organisations.

Law of Georgia of 20 June 2001 No. 978 – LHG I, No. 22, 6 July 2001, Art. 84

Law of Georgia of 2 June 2003 No. 2310 – LHG I, No. 13, 2 June 2003, Art. 88

Law of Georgia of 13 July 2006 No. 3435 – LHG I, No. 32, 31 July 2006, Art. 243

Law of Georgia of 24 September 2009 No. 1701 – LHG I, No. 29, 12 October 2009, Art. 184

Law of Georgia of 4 May 2018 No. 2268 – website, 21 May 2018

Law of Georgia of 15 July 2020 No. 6988 – website, 28 July 2020

Article 441🔗

Until the relevant amendments are made to the Law of Georgia "On Relations Arising from the Use of Residential Premises", the courts shall suspend the consideration of disputes between an owner and a user relating to residential premises, and enforcement actions shall also be suspended, and the owner and the user shall retain the respective rights and obligations in respect of the residential premises.

Law of Georgia of 18 May 2004 No. 55 – LHG I, No. 13, 2 June 2004, Art. 44

Article 442. Exercise of the powers of the appellate court, transfer of cases accepted for proceedings and consideration of cassation appeals🔗

1. The powers of the appellate court provided for by this Code shall, until 1 November 2005, be exercised by the regional courts and the supreme courts of the autonomous republics.

2. Cases accepted for proceedings before 15 July 2005 by a regional court and the supreme court of an autonomous republic, the consideration of which falls within the powers of a district (city) court, shall be transferred to the district (city) court.

3. The operation of paragraphs 2 and 5 of Article 391 of this Code shall not extend to the consideration of cassation appeals registered before 1 November 2005.

Law of Georgia No. 1740 of 23 June 2005 - LHG I, No. 36, 11.07.2005, Art. 227

Article 443. Consideration of an appellate appeal by a single judge🔗

1. An appellate appeal filed before 1 January 2008 in the cases defined by Article 14 of this Code, in a property-law dispute the value of which does not exceed GEL 10,000, as well as disputes arising from employment legal relations, may be considered by a judge of the Civil Cases Chamber of the appellate court alone.

2. Appellate proceedings commenced in the cases provided for by paragraph 1 of this Article shall be continued alone by that judge of the Civil Cases Chamber of the appellate (regional) court who was assigned to the Civil Cases Chamber of the appellate court.

Law of Georgia No. 2130 of 25 November 2005 - LHG I, No. 53, 19.12.2005, Art. 350

Law of Georgia No. 3388 of 23 June 2006 - LHG I, No. 26, 14.07.2006, Art. 210

Law of Georgia No. 4209 of 29 December 2006 - LHG I, No. 4, 12.01.2007, Art. 51

Article 444. Resumption of proceedings in a case on the basis of a judgment (ruling) of the European Court of Human Rights, due to newly discovered circumstances🔗

Subparagraph "g" of paragraph 1 of Article 423 of this Law shall also apply to those natural and legal persons who were refused resumption of proceedings in a case on the basis of a judgment (ruling) of the European Court of Human Rights, due to newly discovered circumstances, if they apply to the court with a request for resumption of proceedings in the case due to newly discovered circumstances before 15 June 2010.

Law of Georgia No. 3035 of 4 May 2010 - LHG I, No. 24, 10.05.2010, Art. 163

Article 445. Acceptance of a claim (application)🔗

1. When a claim (application) is filed with the court, if it has not been sent by post, the court chancellery shall check the formal (and not the substantive) side of the claim (application) and, in the event of detecting a formal inaccuracy, shall point out to the claimant, to his representative (if the claim (application) is filed by a representative) the elimination of the inaccuracy.

2. When checking the formal side of the claim (application), attention shall be paid to the following circumstances:

a) whether the claim (application) is submitted in the form approved by the High Council of Justice of Georgia;

b) whether the form of the claim (application) indicates the details provided for by subparagraphs „a“–„d“, „g“, „j“ and „l“ of the first paragraph of Article 178 of this Code;

c) whether a document confirming payment of the state fee is attached to the claim (application), and if such a document is not attached, whether a motion for exemption from payment of the state fee, for deferral of its payment or for reduction of its amount is indicated in the motions column;

d) whether all the documents indicated in the list of attached documents are attached to the claim (application);

e) whether a document confirming the authority of the representative is attached to the claim (application), if the claim (application) is filed by a representative;

f) whether the claim (application) is signed;

g) whether as many copies of the claim (application) and of the attached documents are submitted as there are defendants.

3. The judge shall be obliged, within 5 days of the delivery of the claim (application), to issue a ruling on the acceptance of this claim (application). The claim (application) shall be considered accepted from the day of issuing the ruling on its acceptance, and if no ruling is issued within the said period – after the expiry of this period.

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011.

Article 446. Sending of copies of the claim and of the attached documents to the defendant🔗

After the issuance of a court ruling on the acceptance of the claim in accordance with Article 445 of this Code or after the expiry of the period for issuing such a ruling, the judge shall be obliged to issue an order on sending copies of this claim and of the attached documents to the defendant in the manner established by Article 448 of this Code.

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011.

Article 447. Ruling on a defect and return of the claim🔗

1. If the judge establishes that the claim has been filed in violation of the conditions specified in paragraph 3 of Article 177 and/or Article 178 of this Code (except for subparagraphs "h" and "i" of paragraph 1 of the same Article and paragraph 3, if the claimant has indicated a valid reason for the failure to submit evidence) and/or the required number of copies of the claim and the attached documents, equal to the number of defendants, has not been submitted, and/or the document confirming payment of the state fee and/or the document confirming the authority of the representative is not attached to the claim, the court shall issue a ruling on the defect and shall set a time limit for the claimant to remedy it. If the claimant remedies the defect indicated in the ruling within the appointed time limit, the court shall issue a ruling on acceptance of the claim for proceedings; otherwise, the court shall issue a ruling on refusal to accept the claim for proceedings and on its return to the claimant, against which an interlocutory appeal may be filed. In the case of issuing such a ruling, the state fee shall be refunded in full.

2. If the claim does not indicate the claimant's address provided for by subparagraph "b" of paragraph 1 of Article 178 of this Code, the court shall issue a ruling on leaving the claim unexamined.

3. The court is entitled to notify the parties (their representatives) of a defect established in the claim by telephone, if the defect concerns the formal (and not the substantive) aspect of the claim provided for by paragraph 2 of Article 445 of this Code. In the case of notification in such a manner, the ruling on the defect shall be considered delivered on the day the telephone notification is made.

Law of Georgia of 28 December 2011 No. 5667– website, 30.12.2011.

Article 448. Court's instructions to the defendant🔗

1. For the purpose of preparing the case for court hearing, the judge:

a) sends to the defendant copies of the claim (application) and of the documents provided for by this Code;

b) sets for the defendant a time limit for him/her to prepare in writing his/her response (objection) to the claim (application) and to the issues raised therein, as well as his/her opinions on the documents attached to the claim, and to submit them to the court. The appointed time limit shall not exceed 14 days, and in cases of a complex category – 21 days. Extension of this time limit is inadmissible, except where there is a valid reason.

2. The defendant's written response (objection) shall indicate:

a) the name of the court to which he/she submits the response (objection);

b) the name, surname (designation), principal address (actual location) of the defendant, his/her representative (if the response (objection) is submitted by a representative), a witness, another person to be summoned to the hearing, as well as, if any, an alternative address, work address, telephone number, including mobile, email address, fax. In the response (objection), the defendant or his/her representative may also indicate the contact person's data. If the defendant is a legal entity or an individual entrepreneur – the defendant himself/herself, and if he/she has a representative (except a legal representative) – his/her representative shall be obliged to indicate the email address and telephone number;

c) whether the defendant acknowledges the claim and in what part;

d) if the defendant does not acknowledge the claim, what specific facts and circumstances his/her response (objection) against the claim is based on;

e) evidence confirming the circumstances indicated by the defendant;

f) what procedural means the defendant intends to use to defend himself/herself against the claim, in particular, whether he/she intends to file a counterclaim, whether he/she denies the admissibility of the claim;

g) if any, the defendant's motions:

g.a) whether there will be a challenge to the court or judge, etc.;

g.b) who may join the proceedings as a co-party or third party;

g.c) which witness should be summoned to the court hearing;

g.d) other types of motions;

h) the list of documents attached to the response (objection);

i) the defendant's opinion on the consideration of the case without an oral hearing.

3. A document confirming the representative's authority shall be attached to the response (objection), if it is submitted to the court by a representative.

4. The defendant's opinions on each factual circumstance and evidence indicated in the claim shall be fully and consistently reflected in the response (objection). If the defendant does not agree with any circumstance indicated in the claim, he/she shall be obliged to indicate the reason for this and substantiate it with relevant arguments.

5. The defendant shall attach to the response (statement of defence) all evidence indicated therein. If, for a valid reason, the defendant is unable to submit the evidence together with the response (statement of defence), he/she shall state this in the response (statement of defence). The defendant is entitled to request a reasonable time limit for the submission of evidence.

6. After receiving copies of the claim and the attached documents, the defendant shall, within the time limit determined by the court, submit to the court his/her response (statement of defence) to the claim and the issues raised therein, as well as his/her opinions on the documents attached to the claim. The response (statement of defence) must meet the requirements established by paragraphs 2 and 3 of Article 177 of this Code.

7. When filing the response (statement of defence), the defendant may state that he/she agrees to receive written materials by e-mail. In such a case, the court shall, as a rule, send the materials to the defendant by e-mail.

8. The response shall be signed by the defendant or his/her representative.

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011.

Article 449. Sending copies of the defendant's written response (statement of defence) and the attached documents to the claimant🔗

1. Copies of the defendant's written response (statement of defence) and the attached documents shall be sent to the claimant.

2. The claimant is entitled to submit additional evidence to the judge, as well as to notify in writing his/her opinions on the defendant's written response (statement of defence) within 5 days of its receipt.

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011.

Article 450. Extension of the effect of certain articles of this Code to the consideration of administrative cases🔗

1. The effect of paragraph 5 of Article 11, paragraph 3¹ of Article 59, Articles 183 and 184, paragraphs 1¹ and 1² of Article 186, Article 201 and subparagraphs „h“ and „i“ of the first paragraph of Article 275 of this Code shall not extend to the consideration of administrative cases provided for by the Administrative Procedure Code of Georgia.

2. The effect of Articles 445–449 of this Code shall extend only to the consideration of administrative cases provided for by the Administrative Procedure Code of Georgia.

Law of Georgia of 28 December 2011 No. 5667 – website, 30.12.2011.

Law of Georgia of 30 June 2023 No. 3447 – website, 30.06.2023.

Article 451. Legal regulation related to persons declared incapable by court before 1 April 2015 during the transitional period🔗

1. A person declared incapable by court before 1 April 2015 shall not be restricted in the right to apply to court until his/her individual assessment.

2. A person declared incapable by court before 1 April 2015 shall be considered an incapable person until his/her individual assessment, taking into account the content of the norms in force before 1 April 2015.

3. The judge shall not accept a claim within 5 days of its delivery if the claim was filed by a person declared incapable by court before 1 April 2015 whose individual assessment has not taken place.

4. The court, on the basis of a party's application or on its own initiative, shall leave the claim (application) unexamined if the claim (application) was filed by a person declared incapable by court before 1 April 2015 and the court does not consider it appropriate to appoint a procedural representative for him/her.

5. A party may be refused recognition and enforcement of a decision taken by the medical mediation service if the party against whom the court judgment was rendered applies to the court with a claim and proves that he/she was a person declared incapable by court before 1 April 2015.

6. The court is entitled to annul a decision taken by the medical mediation service if the party against whom the court judgment was rendered applies to the court with a complaint and proves that he/she was a person declared incapable by court before 1 April 2015.

7. If the application for declaring the judgment invalid is based on subparagraph „b“ of the first paragraph of Article 422 of this Code, the time limit for filing the application shall run from the day when the judgment is notified to the legal representative of the party who was a person declared incapable by court before 1 April 2015.

Law of Georgia of 20 March 2015 No. 3340 – website, 31 March 2015.

Article 452. (was declared invalid)🔗

Law of Georgia of 16 December 2015 No. 4648 - website, 28 December 2015.

President of Georgia Eduard Shevardnadze.

Tbilisi,

14 November 1997.

No. 1106 –Is