Constitution of Georgia

Constitution of Georgia

We, the citizens of Georgia, whose firm will is to establish a democratic social order, economic freedom, a social and legal state, to secure universally recognised human rights and freedoms, to strengthen state independence and peaceful relations with other peoples, relying on the centuries-old traditions of Georgian statehood and the historical and legal heritage of the Constitution of Georgia of 1921, proclaim this Constitution before God and the nation.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Chapter One. General Provisions

Article 1. State Sovereignty🔗

1. Georgia is an independent, unified and indivisible state, as confirmed by the referendum held on 31 March 1991 throughout the entire territory of the country, including the Abkhaz ASSR and the former South Ossetian Autonomous Region, and by the Act of Restoration of State Independence of Georgia of 9 April 1991.

2. The territory of the State of Georgia is determined as of 21 December 1991. The territorial integrity of Georgia and the inviolability of the state border are confirmed by the Constitution and laws of Georgia and recognised by the world community of states and international organisations. The alienation of the territory of the State of Georgia is prohibited. The state border may be changed only by a bilateral agreement concluded with a neighbouring state.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 2. State Symbols🔗

1. The name of the State of Georgia is "Georgia".

2. The capital of Georgia is Tbilisi.

3. The state language of Georgia is Georgian, and in the Autonomous Republic of Abkhazia − also Abkhazian. The state language is protected by an organic law.

4. The state flag, coat of arms and anthem of Georgia are established by an organic law, which shall be revised in accordance with the procedure established for the revision of the Constitution.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 3. Democracy🔗

1. Georgia is a democratic republic.

2. The source of State authority is the people. The people exercise power through their representatives, as well as through referenda and other forms of direct democracy.

3. No one shall have the right to appropriate power. The reduction or increase of the term of the current authority of a body elected in universal elections by the Constitution or a law shall be inadmissible.

4. Political parties participate in the formation and implementation of the political will of the people. The activities of political parties are based on the principles of their freedom, equality, transparency and intra-party democracy.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Article 4. Legal State🔗

1. Georgia is a legal state.

2. The State recognises and protects universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law. The Constitution shall not deny universally recognised human rights and freedoms that are not mentioned herein, but that inherently derive from the principles of the Constitution.

3. State authority shall be exercised on the basis of the principle of separation of powers.

4. State authority shall be exercised within the framework established by the Constitution and law. The Constitution of Georgia is the supreme law of the State. The general rules for the adoption and issuance of legislative and other normative acts, and their hierarchy, shall be determined by an organic law.

5. The legislation of Georgia shall comply with the universally recognised principles and norms of international law. An international treaty of Georgia, if it does not contradict the Constitution of Georgia or a constitutional agreement, shall have superior legal force in respect of domestic normative acts.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Article 5. Social State🔗

1. Georgia is a social state.

2. The State shall take care of strengthening the principles of social justice, social equality and social solidarity in society.

3. The State shall take care of equal socio-economic and demographic development throughout the entire territory of the country. The law shall create special conditions for the development of highland regions.

4. The State shall take care of human health and social protection, the provision of a subsistence minimum and decent housing, and the protection of family welfare. The State shall promote the employment of citizens. The conditions for the provision of a subsistence minimum shall be determined by law.

5. The State shall take care of environmental protection and the rational use of natural resources.

6. The State shall take care of the protection of national values and identity, cultural heritage, and the development of education, science and culture.

7. The State shall take care of the development of sports, the establishment of a healthy lifestyle, the physical education of children and youth and their involvement in sports.

8. The State shall take care of maintaining and developing ties of compatriots living abroad with their homeland.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 2 April 2018.

Article 6. Economic Freedom🔗

1. Economic freedom is recognized and guaranteed.

2. The State shall take care of the development of a free and open economy, free entrepreneurship and competition.

3. The abolition of the universal right to private property shall be inadmissible.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 2 April 2018.

Article 7. Fundamentals of Territorial Organisation🔗

1. The exclusive jurisdiction of the highest state bodies of Georgia shall include:

a) legislation on human rights, Georgian citizenship, migration, entry into and exit from the country, temporary or permanent stay in Georgia of citizens of other states and stateless persons;

b) criminal, penitentiary, civil, intellectual property, administrative, labour and procedural legislation; legislation on land, minerals and other natural resources; legislation on pharmaceuticals; legislation on obtaining the status of an educational institution, accreditation and academic degrees; legislation on the National Academy of Sciences;

c) foreign policy and international relations; foreign trade, customs and tariff regimes;

d) defence of the state, military industry and arms trade; matters of war and peace; establishment and introduction of the legal regime of states of emergency and martial law; armed forces; courts and prosecutor's office; state security; criminal police and investigation; status, regime and protection of the state border; border-sanitary cordon;

e) state finances and state loans; minting and emission of money; legislation on banking, credit, insurance, taxes and trade of state importance;

f) railways and motor roads of state importance; the unified energy system and regime; communications; statuses of territorial waters, airspace, the continental shelf, the special economic zone and their protection; aviation; merchant fleet; ship convoys; ports of state importance; fishing in the ocean and open sea; meteorology; environmental monitoring system; standards and etalons; geodesy and cartography; determination of exact time; state statistics.

2. The powers of the Autonomous Republic of Abkhazia and the Autonomous Republic of Adjara and the procedure for their exercise shall be determined by constitutional laws of Georgia, which are an integral part of the Constitution of Georgia.

3. The territorial state organisation of Georgia shall be revised by a constitutional law of Georgia, on the basis of the principle of separation of powers, after the full restoration of Georgia's jurisdiction over the entire territory of the country.

4. Citizens of Georgia shall regulate matters of local importance through local self-government, in accordance with the legislation of Georgia. The separation of powers of state authorities and self-governing units shall be based on the principle of subsidiarity. The state shall ensure that the financial resources of a self-governing unit correspond to the powers of the self-governing unit determined by an organic law.

5. By organic law, a special economic zone is created in Anaklia, where a special legal regime applies. By organic law, other special economic zones with a special legal regime may also be created.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 8. Relations between the State and the Apostolic Autocephalous Orthodox Church of Georgia🔗

Along with freedom of belief and confession, the State recognises the special role of the Apostolic Autocephalous Orthodox Church of Georgia in the history of Georgia and its independence from the State. Relations between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia shall be determined by a constitutional agreement, which shall fully comply with the universally recognised principles and norms of international law in the field of human rights and freedoms.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Chapter Two. Fundamental Human Rights

Article 9. Inviolability of Human Dignity🔗

1. Human dignity is inviolable and shall be protected by the State.

2. Torture, inhuman or degrading treatment, and the use of inhuman or degrading punishment shall be prohibited.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 10. Rights to Life and Physical Integrity🔗

1. Human life shall be protected. The death penalty shall be prohibited.

2. Human physical integrity shall be protected.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 11. Right to Equality🔗

1. All persons are equal before the law. Discrimination on the basis of race, skin colour, sex, origin, ethnic affiliation, language, religion, political or other views, social affiliation, property or official status, place of residence or other characteristic is prohibited.

2. In accordance with the universally recognised principles and norms of international law and the legislation of Georgia, citizens of Georgia, regardless of their ethnic, religious or linguistic affiliation, have the right, without any discrimination, to preserve and develop their culture and to use their native language in private life or in public.

3. The State shall ensure equal rights and opportunities for men and women. The State shall take special measures to ensure the substantive equality of men and women and to eliminate inequality.

4. The State shall create special conditions for the realisation of the rights and interests of persons with disabilities.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 12. Right to the Free Development of the Personality🔗

Everyone has the right to the free development of their own personality.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 13. Human Liberty🔗

1. Human liberty is protected.

2. The imposition of imprisonment or other restriction of liberty shall be permissible only by a court judgment.

3. The detention of a person shall be permissible in cases determined by law, by a person authorised by law. A detained person shall be brought before a court according to jurisdiction not later than 48 hours. If within the following 24 hours the court does not adopt a decision on arrest or other restriction of liberty, the person shall be released immediately.

4. A person shall be informed of their rights and the grounds for detention immediately upon detention. A person may request the assistance of a lawyer immediately upon detention, which shall be satisfied.

5. The term of detention of an accused shall not exceed 9 months.

6. Violation of the requirements of this Article shall be punishable by law. A person unlawfully deprived of liberty has the right to receive compensation.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 14. Freedom of movement🔗

1. Everyone who is lawfully in Georgia has the right to move freely throughout the entire territory of the country, to choose freely his/her place of residence and to leave Georgia freely.

2. Restriction of these rights shall be permissible only in accordance with law, for the purposes of ensuring State or public security, protecting health or administering justice, as is necessary in a democratic society.

3. A citizen of Georgia may freely enter Georgia.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 15. Right to inviolability of personal and family life, personal space and communication🔗

1. Personal and family life of a person shall be inviolable. Restriction of this right shall be permissible only in accordance with law, for the purposes of ensuring State or public security or protecting the rights of others, as is necessary in a democratic society.

2. Personal space and communication of a person shall be inviolable. No one shall have the right to enter a dwelling or other possession against the will of the person in possession, as well as to conduct a search. Restriction of these rights shall be permissible only in accordance with law, for the purposes of ensuring State or public security or protecting the rights of others, as is necessary in a democratic society, by a court judgment or without it, in case of urgent necessity provided for by law. In case of urgent necessity, the court shall be notified of the restriction of the right no later than 24 hours, and the court shall confirm the lawfulness of the restriction no later than 24 hours after the application.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 16. Freedoms of belief, confession and conscience🔗

1. Everyone has freedom of belief, confession and conscience.

2. Restriction of these rights shall be permissible only in accordance with law, for the purposes of ensuring public security, protecting health or the rights of others, as is necessary in a democratic society.

3. Persecution of a person on the grounds of belief, confession or conscience shall be inadmissible, as well as forcing him/her to express his/her opinion thereon.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 17. Rights to freedom of opinion, information, mass media and the Internet🔗

1. Freedom of opinion and its expression is protected. Persecution of a person on account of opinion and its expression shall be prohibited.

2. Everyone has the right to freely receive and disseminate information.

3. The mass media are free. Censorship shall be prohibited. The State or individual persons shall not have the right to monopolize mass media or the means of its dissemination.

4. Everyone has the right to access the Internet and to freely use the Internet.

5. Restriction of these rights shall be permissible only in accordance with law, as is necessary in a democratic society to ensure state or public security or territorial integrity, to protect the rights of others, to prevent the disclosure of information recognized as confidential, or to ensure the independence and impartiality of the court.

6. The law ensures the independence of the public broadcaster from state bodies and its freedom from political and substantial commercial influence.

7. The institutional and financial independence of the national regulatory body established to ensure the protection of media pluralism, the realization of freedom of expression in the mass media, the prevention of monopolization of mass media or the means of its dissemination, as well as to protect the rights of consumers and entrepreneurs in the field of broadcasting and electronic communications, is guaranteed by law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 - website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 - website, 02.04.2018.

Article 18. Rights to fair administrative proceedings, access to public information, informational self-determination and compensation for damage caused by public authority🔗

1. Everyone has the right to have a case concerning him or her considered fairly by an administrative body within a reasonable time.

2. Everyone has the right, in accordance with the procedure established by law, to become acquainted with information or an official document held about him or her in a public institution, or with other information or an official document, except where it contains a commercial or professional secret or is recognized as a state secret by law or in accordance with the procedure established by law in order to protect the interests of state or public security or of legal proceedings necessary in a democratic society.

3. Information contained in official records which relates to a person's health, finances or other personal matters shall not be accessible to anyone without the consent of that person, except in cases provided for by law where this is necessary to ensure state or public security, to protect public interests, health or the rights of others.

4. Everyone is guaranteed full compensation, through court proceedings, for damage unlawfully caused by the state, an autonomous republic or a local self-government body or an employee thereof, from the funds of the state, the autonomous republic or the local self-government, respectively.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Article 19. Right to property🔗

1. The right to property and inheritance is recognized and ensured.

2. Restriction of this right is permissible for public interests in the cases defined by law and in accordance with the established procedure.

3. Deprivation of property for necessary public need is permissible in cases directly provided for by law, by a court judgment or in case of urgent necessity established by an organic law, with prior, full and fair compensation. Compensation shall be exempt from any tax and fee.

4. Agricultural land, as a resource of special importance, may be owned only by the state, a self-governing unit, a citizen of Georgia or an association of citizens of Georgia. Exceptional cases may be established by an organic law, which shall be adopted by a majority of not less than two thirds of the full composition of Parliament.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Article 20. Freedom of creativity, cultural heritage🔗

1. Freedom of creativity is ensured. Intellectual property rights are protected.

2. Interference in the creative process and censorship in the field of creative activity shall be inadmissible.

3. Prohibition of the dissemination of a creative work shall be permissible only by a court judgment, if the dissemination of the work infringes the rights of others.

4. Everyone has the right to care for the protection of cultural heritage. Cultural heritage is protected by law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 21. Freedom of assembly🔗

1. Everyone, except persons who are members of the Defence Forces or of a body responsible for the protection of state or public security, has the right to assemble publicly and unarmed without prior permission.

2. The law may establish the necessity of prior notification to the authorities, if the assembly is held in a place of movement of people or transport.

3. The authorities may terminate an assembly only if it has acquired an unlawful character.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 22. Freedom of association🔗

1. Freedom of association is ensured.

2. Liquidation of an association may be effected only by a decision of the same association or of a court, in the cases determined by law and in accordance with the established procedure.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 23. Freedom of political parties🔗

1. Citizens of Georgia have the right, in accordance with an organic law, to create a political party and to participate in its activities.

2. A person who is enrolled in the Defence Forces or in a body responsible for the protection of state or public security, is appointed as a judge, or whose membership of a political party is terminated.

3. It shall be inadmissible to create and operate a political party whose aim is to overthrow or forcibly change the constitutional order of Georgia, to infringe upon the independence of the country, to violate territorial integrity, or which propagates war or violence, or incites national, ethnic, regional, religious or social enmity. It shall be inadmissible to create a political party on a territorial basis.

4. Prohibition of a political party may be effected only by a decision of the Constitutional Court of Georgia, in the cases determined by an organic law and in accordance with the established procedure.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 24. Electoral right🔗

1. Every citizen of Georgia from the age of 18 has the right to participate in a referendum and in elections of state, autonomous republic and local self-government bodies. Free expression of the will of the voter is ensured.

2. A citizen who, by a court verdict, is serving a sentence in a penitentiary institution for an especially grave crime, or who, by a court judgment, is recognised as a recipient of support and is placed in an appropriate inpatient medical institution, does not have the right to participate in elections and a referendum.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 25. Right to hold public office🔗

1. Every citizen of Georgia has the right to hold any public office if he or she meets the requirements established by legislation. The conditions of public service are determined by law.

2. The office of the President of Georgia, the Prime Minister or the Chairperson of the Parliament may not be held by a citizen of Georgia who is simultaneously a citizen of another state.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 26. Freedom of labour, freedom of trade unions, right to strike and freedom of entrepreneurship🔗

1. Freedom of labour is ensured. Everyone has the right to freely choose work. The right to safe working conditions and other labour rights are protected by an organic law.

2. Everyone has the right, in accordance with an organic law, to form and join a trade union.

3. The right to strike is recognised. The conditions and procedure for exercising this right are determined by an organic law.

4. Freedom of entrepreneurship is ensured. Monopolistic activity is prohibited, except for cases permitted by law. Consumer rights are protected by law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 27. Right to education and academic freedom🔗

1. Everyone has the right to receive education and to choose its form.

2. Preschool upbringing and education is ensured in the manner established by law. Primary and basic education is compulsory. General education is fully financed by the state in the manner established by law. Citizens have the right, in the manner established by law, to receive vocational and higher education financed by the state.

3. Academic freedom and the autonomy of higher educational institutions are ensured.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 28. Right to Health Protection🔗

1. The right of a citizen to accessible and quality health protection services is ensured by law.

2. The State controls all health protection institutions and the quality of medical services, and regulates pharmaceutical production and the circulation of pharmaceutical products.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 2 April 2018.

Article 29. Right to Environmental Protection🔗

1. Everyone has the right to live in an environment safe for health, to enjoy the natural environment and public space. Everyone has the right to receive complete information about the state of the environment in a timely manner. Everyone has the right to care for environmental protection. The right to participate in the adoption of decisions related to environmental issues is ensured by law.

2. Taking into account the interests of present and future generations, environmental protection and the rational use of natural resources are ensured by law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 2 April 2018.

Article 30. Right to Marriage, Rights of Mothers and Children🔗

1. Marriage, as a union of a woman and a man for the purpose of creating a family, is based on the legal equality and voluntariness of the spouses.

2. The rights of mothers and children are protected by law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 2 April 2018.

Article 31. Procedural Rights🔗

1. Everyone has the right to apply to a court for the protection of their rights. The right to a fair and timely consideration of a case is ensured.

2. Every person shall be judged only by the court to whose jurisdiction their case is subject.

3. The right to defence is guaranteed. Everyone has the right to defend their rights in court in person or through a lawyer, as well as, in cases determined by law, through a representative. The unimpeded exercise of the rights of lawyers and the right of lawyers to self-organisation is guaranteed by law.

4. The accused has the right to request the summoning of their witnesses and to examine them under the same conditions as the witnesses for the prosecution.

5. A person is presumed innocent until their guilt is proved in accordance with the procedure established by law, by a guilty verdict of a court that has entered into legal force.

6. No one is obliged to prove their innocence. The burden of proving the accusation rests with the prosecutor.

7. A resolution on bringing a person to responsibility as an accused shall be based on a reasonable presumption, and a guilty verdict — on irrefutable evidence. Any doubt that cannot be proved in accordance with the procedure established by law shall be resolved in favour of the accused.

8. No one shall be tried twice for the same crime.

9. No one shall be held responsible for an act that was not considered an offence at the time of its commission. A law that does not mitigate or remove liability shall have no retroactive force.

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

11. No one is obliged to give testimony against themselves or against their relatives, the circle of whom is determined by law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 32. Citizenship of Georgia🔗

1. Georgia protects its citizen regardless of their location.

2. Citizenship of Georgia is acquired by birth or naturalisation. The procedure for acquiring and losing citizenship of Georgia, the conditions and procedure for granting citizenship of Georgia to a citizen of another state, and the conditions for a citizen of Georgia holding citizenship of another state shall be determined by an organic law.

3. Deprivation of citizenship is inadmissible.

4. Deportation of a citizen of Georgia from Georgia is inadmissible.

5. Extradition of a citizen of Georgia to another state is inadmissible, except in cases provided for by an international treaty. A decision on the extradition of a citizen may be appealed to a court.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 33. Rights of Aliens and Stateless Persons🔗

1. Citizens of other states and stateless persons residing in Georgia have equal rights and obligations with citizens of Georgia, except for exceptions provided by the Constitution and law.

2. The State is entitled to establish by law restrictions on the political activity of citizens of other states and stateless persons.

3. In accordance with the universally recognised norms of international law, in the manner prescribed by law, Georgia grants asylum to citizens of other states and stateless persons.

4. The expulsion or extradition of a person from Georgia contrary to the universally recognised principles and norms of international law shall be inadmissible.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 34. General Principles for Ensuring Fundamental Human Rights🔗

1. The fundamental human rights indicated in the Constitution, taking into account their content, extend also to legal entities.

2. The exercise of fundamental human rights shall not violate the rights of others.

3. A restriction of a fundamental human right shall be commensurate with the importance of the legitimate aim which it serves to achieve.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 35. Public Defender of Georgia🔗

1. The protection of human rights on the territory of Georgia is supervised by the Public Defender of Georgia, who is elected by Parliament for a term of 6 years by a majority of not less than three-fifths of the full composition. The election of the same person as Public Defender twice in succession shall be inadmissible.

2. Creating obstacles to the activity of the Public Defender shall be punishable by law.

3. The detention or arrest of the Public Defender, the search of his/her residence or workplace, car or person may be carried out only with the consent of Parliament. An exception is the case of being caught at a crime, which shall be immediately reported to Parliament. If Parliament does not give consent, the Public Defender shall be immediately released.

4. The powers of the Public Defender are determined by an Organic Law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Chapter Three. Parliament of Georgia

Article 36. Status and Powers of Parliament🔗

1. The Parliament of Georgia is the supreme representative body of the country, which exercises legislative power, determines the main directions of the country's domestic and foreign policy, exercises control over the activities of the Government within the framework established by the Constitution, and exercises other powers.

2. The procedure for the work of Parliament shall be determined by the Rules of Procedure of Parliament, which shall be adopted by Parliament by a majority of its full composition, on the initiative of a member of Parliament, a committee or a parliamentary faction. The Rules of Procedure shall have the force of law and shall be signed and published by the Chairperson of Parliament.

Constitutional Law of Georgia No. 1324 of 13 October 2017 - website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 - website, 2 April 2018.

Article 37. Parliamentary Elections🔗

1. After the full restoration of Georgia's jurisdiction over the entire territory of Georgia, the composition of Parliament shall include two chambers: the Council of the Republic and the Senate. The Council of the Republic shall consist of members elected by a proportional procedure. The Senate shall consist of members elected in the Autonomous Republic of Abkhazia, the Autonomous Republic of Adjara and other territorial units of Georgia, and 5 members appointed by the President of Georgia. The composition, powers and procedure for election of the chambers shall be determined by an Organic Law.

2. Before the condition provided for by paragraph 1 of this Article is created, Parliament shall consist of 150 members of Parliament elected on the basis of universal, free, equal and direct suffrage by secret ballot for a term of 4 years in a single multi-mandate electoral district by a proportional system.

3. Regular parliamentary elections shall be held on the last Saturday of October of the calendar year in which the term of office of Parliament expires. In the event of dissolution of Parliament, elections shall be held not earlier than the 45th and not later than the 60th day after the dissolution of Parliament. If the date of the elections coincides with a state of emergency or martial law, elections shall be held not earlier than the 45th and not later than the 60th day after the lifting of that state.

4. A citizen of Georgia entitled to vote who has lived in Georgia for at least 10 years may be elected as a member of Parliament from the age of 25. A person who has been sentenced to imprisonment by a court judgment shall not be elected as a member of Parliament.

5. A political party registered in accordance with the procedure established by law, which has a member of Parliament elected through its nomination at the time of the calling of the elections, or whose support has been confirmed in accordance with the procedure established by an Organic Law by the signatures of at least 25,000 voters, shall have the right to participate in parliamentary elections.

6. Mandates of members of Parliament shall be distributed among those political parties that received at least 5 percent of the valid votes of voters participating in the elections. To determine the number of mandates received by a political party, the number of votes received by it shall be multiplied by 150 and divided by the sum of the votes received by all those political parties that received at least 5 percent of the valid votes of voters participating in the elections. The integer part of the resulting number shall be the number of mandates received by the political party. If the sum of the numbers of mandates received by political parties is less than 150, the undistributed mandates shall be received, in sequence, by the political parties with better results.

7. The procedure for electing Parliament shall be determined by an Organic Law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 02.04.2018.

Article 38. First Meeting of Parliament and Termination of Powers🔗

The first meeting of the newly elected Parliament shall be held no later than the 10th day after the official announcement of the results of the parliamentary elections. The first meeting shall be convened by the President of Georgia. Parliament may commence work at the first meeting if the majority of the full composition of Parliament attends the meeting. Parliament shall acquire full powers from the moment of recognition of the powers of two-thirds of the members of Parliament. From this moment, the powers of the Parliament of the previous convocation shall terminate.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 02.04.2018.

Article 39. Member of the Parliament of Georgia🔗

1. A member of the Parliament of Georgia is a representative of all Georgia, enjoys a free mandate and his/her recall shall be inadmissible.

2. Detention or arrest of a member of Parliament, search of his/her residence or workplace, car or personal search may be carried out only with the prior consent of Parliament. An exception is the case of being caught committing a crime, which shall be immediately reported to Parliament. If Parliament does not give its consent within 48 hours, the detained or arrested member of Parliament shall be immediately released.

3. A member of Parliament has the right not to give testimony regarding a fact entrusted to him/her as a member of Parliament. Seizure or removal of written materials related to this matter shall be inadmissible. This right shall be retained by a member of Parliament even after the termination of his/her powers. A member of Parliament shall not be held legally liable for the views expressed in the performance of his/her duties in Parliament or outside it. Conditions for the unimpeded exercise of the powers of a member of Parliament shall be ensured. A member of Parliament shall receive the remuneration established by a legislative act. On the basis of an application by a member of Parliament, the relevant state bodies shall ensure his/her personal security. Creation of obstacles to the exercise of the powers of a member of Parliament shall be punishable by law.

4. A member of Parliament shall not have the right to hold any position in public service or to carry out entrepreneurial activity. A member of Parliament may carry out public activity. A member of Parliament may carry out scientific, pedagogical and artistic activity, if this activity does not involve the performance of administrative functions. Cases of incompatibility shall be determined by the Rules of Procedure of Parliament.

5. The issue of recognition of the powers of a member of Parliament or of early termination thereof shall be decided by Parliament. This decision of Parliament may be appealed to the Constitutional Court. The powers of a member of Parliament shall be terminated early if he/she:

a) applies to Parliament with a personal application on the termination of powers;

b) holds a position incompatible with the status or carries out an incompatible activity;

c) during a regular session, without a valid reason, failed to attend more than half of the regular sittings;

d) is declared guilty by a court judgment that has entered into legal force;

e) is declared a recipient of support by a court judgment and is placed in an appropriate inpatient medical institution, is recognized by the court as missing or declared deceased;

f) died;

g) loses the citizenship of Georgia;

h) is subject to termination of powers by a decision of the Constitutional Court.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 02.04.2018.

Article 40. Chairman and Deputy Chairmen of the Parliament of Georgia🔗

1. Parliament, for the term of its authority, in accordance with the procedure established by the Rules of Procedure, shall elect the Chairman of the Parliament of Georgia by secret ballot by a majority of its full composition. The Chairman of Parliament shall lead the work of Parliament, ensure free expression of opinion, sign acts adopted by Parliament, and exercise other powers determined by the Rules of Procedure. The Chairman of Parliament shall, in accordance with the procedure established by the Rules of Procedure, perform full administrative functions in the Parliament building.

2. Parliament, for the term of its authority, in accordance with the procedure established by the Rules of Procedure, shall elect the First Deputy Chairman and the Deputy Chairmen of Parliament by a majority of its full composition.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 41. Bureau, Committees and Factions of Parliament🔗

1. For the organisation of the work of Parliament, the Bureau of Parliament shall be created, which shall be composed of the Chairman of Parliament, the Deputy Chairmen, and the chairmen of the committees of Parliament and of the parliamentary factions.

2. For the purpose of preliminary preparation of legislative issues, facilitation of the execution of decisions, and control of the activities of the Government and other bodies accountable to Parliament, committees shall be created in Parliament.

3. Members of Parliament may unite in a parliamentary faction in accordance with the procedure established by the Rules of Procedure. The number of members of a faction shall not be less than seven. Members of Parliament elected by the nomination of one political party shall not have the right to create more than one faction. The procedure for the creation and activity of a faction and its rights shall be determined by the Rules of Procedure of Parliament.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 42. Investigative and other temporary commissions of Parliament🔗

1. In the cases provided for by the Rules of Procedure, as well as upon the initiative of not less than one fifth of the members of Parliament, investigative and other temporary commissions shall be created in Parliament.

2. The decision on the creation of a temporary commission shall be taken by Parliament in accordance with the procedure established by the Rules of Procedure. The decision on the creation of a temporary investigative commission shall be adopted with the support of one third of the full composition of Parliament. Parliamentary factions shall be represented in a temporary commission by at least one member each. The representation of the opposition in a temporary commission shall not be less than half of the total number of members of the commission.

3. Upon the request of an investigative commission, appearance at its session, as well as the submission of documents and information necessary for the examination of the issue, shall be mandatory.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 43. Question and Interpellation of a Member of Parliament🔗

1. A member of Parliament is entitled to address a question to the Government, another body accountable to Parliament, a member of the Government, a government body of a territorial unit at all levels, a state institution. A timely and complete response to a question of a member of Parliament is mandatory.

2. A parliamentary faction, a group of members of Parliament of not fewer than seven members, has the right to address a question by way of interpellation to the Government, another body accountable to Parliament, a member of the Government, who is obliged to answer the question posed at a sitting of Parliament. The answer may become the subject of consideration by Parliament.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Article 44. Session and Sitting of Parliament🔗

1. Parliament shall, of its own right, convene for a regular session twice a year. The autumn session shall open on the first Tuesday of September and shall close on the third Friday of December, and the spring session shall open on the first Tuesday of February and shall close on the last Friday of June.

2. The President of Georgia, at the request of the Chairperson of Parliament, not less than one fourth of the members of Parliament, or the Government, shall convene an extraordinary session in the period between sessions of Parliament, and during a regular session – an extraordinary sitting. If the act of convocation is not issued within 48 hours after the submission of the written request, Parliament shall convene in accordance with its Rules of Procedure within the following 48 hours. An extraordinary sitting of Parliament shall be held only with the agenda determined by the initiator and shall close upon its exhaustion.

3. Immediately upon the declaration of a state of emergency or martial law by the President of Georgia, Parliament shall convene for an emergency session. The emergency session shall continue until the revocation of that state.

4. Sittings of Parliament shall be public. Parliament, by a majority of those present, but not less than one third of the full composition, shall adopt a decision on declaring a sitting or part of a sitting closed when considering particular issues. The decision on closing a sitting or part thereof shall be considered and adopted in a closed manner. The minutes of an open sitting of Parliament shall be public.

5. Voting at a sitting of Parliament shall be open or secret. Voting shall be open, except in cases provided for by the Constitution or a law.

6. A member of the Government, an official accountable to Parliament, the head of a body accountable to Parliament, is entitled, and upon request – obliged, to attend sittings of Parliament, its committee and commission, to answer questions posed at the sittings and to present a report on the activities carried out. Parliament, a committee or a commission shall hear such an official immediately upon request.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Article 45. Law-making and the procedure for adopting decisions🔗

1. The right of legislative initiative shall be vested in: the Government, a member of Parliament, a parliamentary faction, a committee of Parliament, the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara, and not less than 25,000 voters. A draft law submitted by the Government shall be considered by Parliament out of turn at its own request.

2. A law shall be considered adopted if it is supported by a majority of those present, but not less than one third of the full composition of Parliament, unless the Constitution determines another procedure for the adoption of a law. An organic law shall be considered adopted if it is supported by a majority of the full composition of Parliament, unless the Constitution determines another procedure for the adoption of an organic law.

3. Another decision of Parliament shall be considered adopted if it is supported by a majority of those present, but not less than one third of the full composition of Parliament, unless the Constitution or a law determines another procedure for the adoption of a decision. A decision on the approval of a constitutional agreement shall be considered adopted if it is supported by not less than three fifths of the full composition of Parliament.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Article 46. Signing and Publication of a Law🔗

1. A law adopted by Parliament shall be transmitted to the President of Georgia within 10 days.

2. The President of Georgia shall, within 2 weeks, sign and publish the law or return it to Parliament with motivated comments.

3. If the President of Georgia returns the law, Parliament shall vote on the comments of the President of Georgia. To adopt the comments, the same number of votes as is established for the original adoption of this type of law shall be sufficient. If the comments are adopted, the final version of the law shall be transmitted to the President of Georgia within 5 days, who shall sign and publish it within 5 days.

4. If Parliament does not adopt the comments of the President of Georgia, the original version of the law shall be put to a vote. An organic law or a law shall be considered adopted if it is supported by a majority of the full composition of Parliament, except for the organic law provided for by paragraph 4 of Article 19 of the Constitution, which shall be considered adopted if it is supported by not less than two thirds of the full composition of Parliament. A constitutional law shall be considered adopted if it is supported by not less than three fourths of the full composition of Parliament. The law shall be transmitted to the President of Georgia within 3 days, who shall sign and publish it within 5 days.

5. A constitutional law on amending the Constitution, which was adopted by Parliament by a majority of not less than two thirds of the full composition, shall be signed and published by the President of Georgia within 5 days of its transmission, without the right to return it to Parliament with comments.

6. If the President of Georgia has not published the law within the period established by paragraph 2 of this Article and has not returned it to Parliament with motivated comments, or has not published the law within the period established by paragraph 3, 4 or 5 of this Article, the Chairperson of Parliament shall sign and publish it within 5 days after the expiry of the period.

7. A law shall enter into force on the 15th day after its publication in the official body, unless another period is established by the same law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Article 47. International Treaties🔗

1. Parliament shall ratify, denounce and annul international treaties by a majority of its full composition. Parliament shall ratify, denounce and annul an international treaty provided for by subparagraph „c“ of paragraph 2 of this Article by a majority of not less than three fourths of its full composition.

2. In addition to an international treaty which provides for ratification, ratification shall also be mandatory for an international treaty which:

a) provides for the accession of Georgia to an international organisation or an inter-state union;

b) is of a military nature;

c) concerns the territorial integrity of the State or a change of the state border;

d) is related to the borrowing or granting of a loan by the State;

e) requires a change of domestic legislation, the adoption of laws necessary for the fulfilment of assumed international obligations.

3. Other international treaties shall be submitted to Parliament.

4. In the case of filing a constitutional claim or submission with the Constitutional Court, ratification of the respective international treaty shall be inadmissible before the Constitutional Court delivers a judgment.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018

Article 48. Impeachment🔗

1. On the basis of a violation of the Constitution or the existence of elements of a crime in an act, not less than one third of the full composition of Parliament shall have the right to raise the question of removing from office, by way of impeachment, the President of Georgia, a member of the Government, a judge of the Supreme Court, the Prosecutor General, the Auditor General or a member of the Board of the National Bank. The question shall be referred to the Constitutional Court, which shall consider it and submit a conclusion to Parliament within one month.

2. If the Constitutional Court, by its conclusion, has confirmed a violation of the Constitution by an official or the existence of elements of a crime in his/her act, Parliament shall, within 2 weeks of the submission of the conclusion, consider and vote on the question of his/her removal from office by way of impeachment.

3. The President of Georgia shall be considered removed from office by way of impeachment if not less than two thirds of the full composition of Parliament support this decision. A member of the Government, a judge of the Supreme Court, the Prosecutor General, the Auditor General or a member of the Board of the National Bank shall be considered removed from office by way of impeachment if a majority of the full composition of Parliament supports this decision.

4. If Parliament has not adopted a decision on the removal of an official from office by way of impeachment within the time limit established by paragraph 2 of this Article, the initiation of impeachment proceedings on the same grounds shall be inadmissible.

5. The removal from office of the officials listed in this Article, except for a member of the Government, may be effected only by way of impeachment.

6. It shall be inadmissible to conduct impeachment proceedings against the President of Georgia during a state of emergency or martial law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Chapter Four. President of Georgia

Article 49. Status of the President of Georgia🔗

1. The President of Georgia is the Head of the Georgian State, the guarantor of the unity of the country and of national independence.

2. The President of Georgia is the Supreme Commander-in-Chief of the Defence Forces of Georgia.

3. The President of Georgia represents Georgia in foreign relations.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 50. Rule for electing the President of Georgia🔗

1. The President of Georgia shall be elected for a term of 5 years by the Electoral College, without debate, by open ballot. The same person may be elected President of Georgia only twice.

2. A citizen of Georgia with the right to vote who is at least 40 years of age and who has lived in Georgia for at least 15 years may be elected President of Georgia.

3. The Electoral College shall consist of 300 members, including all members of the Parliament of Georgia and of the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara. Other members of the Electoral College shall be nominated by the respective political parties from among the members of the representative bodies of local self-government, in accordance with the quotas determined by the Central Election Commission of Georgia on the basis of an organic law. Quotas shall be determined in compliance with the principle of proportional geographic representation and according to the proportion of the results of elections held under the proportional system of local self-government. The composition of the Electoral College shall be approved by the Central Election Commission of Georgia.

4. The election of the President of Georgia shall be held in the Parliament building. At least 30 members of the Electoral College shall have the right to nominate a candidate for the Presidency of Georgia. One member of the Electoral College may support the nomination of only one candidate. One member of the Electoral College shall have the right to vote for only one candidate. In the first round of elections, a candidate who receives at least two thirds of the votes of the full composition of the Electoral College shall be considered elected. If the President of Georgia is not elected in the first round, the 2 candidates with the best results in the first round shall be put to a vote in the second round. In the second round, the candidate who receives more votes shall be considered elected. The first or second round of elections shall be considered valid if more than half of the full composition of the Electoral College participates in it. If the elections do not take place or the Electoral College does not elect the President of Georgia, a repeat election of the President of Georgia shall be held within 30 days.

5. The election of the President of Georgia shall be held in October of the calendar year in which the term of office of the President of Georgia expires. In the event of early termination of the powers of the President of Georgia, the election of the President of Georgia shall be held within 45 days after the termination of powers. If the date of election coincides with a state of emergency or martial law, the election of the President of Georgia shall be held within 45 days after the lifting of that state. If the date of election of the President of Georgia coincides with the parliamentary elections or the month preceding them, the election of the President of Georgia shall be held within 45 days after the first sitting of the newly elected Parliament.

6. The election of the President of Georgia shall be scheduled by the Parliament, except for a repeat election, which shall be scheduled by the Speaker of the Parliament.

7. The rule and conditions for electing the President of Georgia shall be determined by an organic law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 - website, 2 April 2018.

Article 51. Oath, termination of powers, immunity, incompatibility and succession of the President of Georgia🔗

1. Before taking office, on the third Sunday from the day of election, the newly elected President of Georgia addresses the people and takes the oath: “I, the President of Georgia, before God and the nation swear that I will protect the Constitution of Georgia, the country's independence, unity and indivisibility, conscientiously perform the duties of the President, care for the safety and welfare of the citizens of my country, for the revival and might of my people and homeland.”

2. The powers of the President of Georgia shall terminate and the powers of the newly elected President of Georgia shall begin upon the taking of the oath by the newly elected President of Georgia.

3. The President of Georgia shall be inviolable. While in office, he/she may not be arrested or criminally prosecuted.

4. The President of Georgia shall not have the right to hold another office, engage in entrepreneurial activity, receive a salary or other permanent remuneration for any other activity. The President of Georgia may not be a member of a political party.

5. In the event of the inability of the President of Georgia to exercise his/her powers or the early termination of the powers of the President of Georgia, the Chairperson of the Parliament shall perform the duties of the President of Georgia.

Constitutional Law of Georgia No. 1324 of 13 October 2017 - website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 - website, 2 April 2018.

Article 52. Powers of the President of Georgia🔗

1. The President of Georgia:

a) with the consent of the Government, exercises representative powers in foreign relations, conducts negotiations with other states and international organizations, concludes international treaties, receives the accreditation of ambassadors and other diplomatic representatives of other states and international organizations; upon the submission of the Government, appoints and dismisses the ambassadors of Georgia and the heads of diplomatic representations;

b) on behalf of the Georgian State, concludes a constitutional agreement with the Apostolic Autocephalous Orthodox Church of Georgia;

c) in accordance with the procedure established by the Constitution and an organic law, appoints elections of the Parliament and of local self-government bodies;

d) upon the submission of the Government, appoints to and dismisses from office the Head of the Defence Forces of Georgia; appoints one member of the High Council of Justice; in the cases determined by an organic law and in accordance with the established procedure, participates in the appointment to the offices of the Chairperson and members of the Central Election Commission of Georgia; upon the submission of the Government, submits to the Parliament for election the candidates for membership of the national regulatory bodies;

e) in accordance with the procedure established by an organic law, decides issues of citizenship;

f) pardons convicted persons;

g) in accordance with the procedure established by law, confers state awards and prizes, highest military, special and honorary titles, and highest diplomatic ranks;

h) is entitled, upon the submission of the Government and with the consent of the Parliament, to suspend the activity of a representative body of a territorial unit or to dissolve it, if its action created a threat to the sovereignty of the country, territorial integrity, or the exercise of the constitutional powers of state authorities;

i) exercises other powers determined by the Constitution.

2. The President of Georgia is entitled, upon the request of the Parliament, the Government or not less than 200,000 voters, to call a referendum on the issues determined by the Constitution and law, within 30 days after receiving the request for its calling. A referendum may not be held for the adoption or repeal of a law, on amnesty or pardon, on the ratification or denunciation of an international treaty, as well as on an issue that entails a restriction of a fundamental constitutional human right. The issues related to the calling and holding of a referendum shall be determined by an organic law.

3. The President of Georgia is entitled to address the people. Once a year, he/she submits a report to the Parliament on the most important issues of the state of the country.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 02.04.2018.

Article 53. Countersignature🔗

1. A legal act of the President of Georgia requires the countersignature of the Prime Minister. A legal act requiring countersignature shall be published and shall produce legal consequences only after countersignature. Political responsibility for a countersigned legal act shall be borne by the Government.

2. Countersignature shall not be required for a legal act of the President of Georgia relating to:

a) calling parliamentary elections, dissolution of Parliament, convening a session or sitting of Parliament;

b) conclusion of a constitutional agreement;

c) signing and publication of a law, return of a law to Parliament with comments;

d) appointment of the Prime Minister; appointment of a member of the High Council of Justice; appointment to the office of the chairperson and a member of the Central Election Commission; nomination of a member of the Board of the National Bank, appointment of the President of the National Bank; appointment of a judge of the Constitutional Court;

e) awarding state awards and prizes, honorary titles;

f) resolution of citizenship matters;

g) pardon of convicted persons;

h) application to the Constitutional Court or to a court;

i) organisation of the exercise of the powers of the President of Georgia.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Chapter Five. Government of Georgia

Article 54. Government🔗

1. The Government of Georgia is the supreme body of the executive power, which implements the domestic and foreign policy of the country.

2. The Government is accountable and responsible before Parliament.

3. The Government consists of the Prime Minister and ministers.

4. A Ministry is established to ensure the implementation of state policy and governance in a defined sphere of the Government's powers, and it is headed by a minister.

5. The Government may include one or several state ministers. The office of a state minister may be introduced by law in order to accomplish state tasks of particular importance.

6. A member of the Government shall not have the right to hold any other office, except a party office, to pursue entrepreneurial activity, or to receive remuneration for other activity, except scientific and pedagogical activity.

7. In order to ensure the representation of the Government in the territory of administrative-territorial units, the Government is entitled to appoint state representatives. The powers of a state representative shall be determined by law.

8. The structure and rules of procedure of the Government shall be determined by law, the draft of which shall be submitted to Parliament by the Government.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 55. Prime Minister of Georgia🔗

1. The head of the Government is the Prime Minister of Georgia.

2. The Prime Minister determines the main directions of the Government's activity, organizes the Government's activity, coordinates and controls the activity of the ministers, and signs the legal acts of the Government.

3. The Prime Minister represents Georgia in foreign relations and concludes international treaties on behalf of Georgia.

4. The Prime Minister appoints and dismisses ministers. He is entitled to assign to one of the ministers the duties of the First Vice Prime Minister, as well as to one or several ministers − the duties of Vice Prime Minister.

5. The Prime Minister is accountable to Parliament for the Government's activity. Once a year he submits to Parliament a report on the progress of the implementation of the governmental programme, and also, at the request of Parliament, a report on the progress of the implementation of a particular part of the governmental programme.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 02.04.2018.

Article 56. Declaration of Confidence🔗

1. Upon the newly elected Parliament acquiring full powers, the Government shall relinquish its powers before the Parliament and shall continue to perform its duties until a new Prime Minister is appointed. In the event of the resignation of the Prime Minister, the powers of the Prime Minister shall terminate upon resignation. In the event of the resignation of the Prime Minister or the termination of his/her powers otherwise, the Government shall continue to perform its duties until a new Prime Minister is appointed.

2. Within 2 weeks from the removal of the Government's powers, as well as from the resignation of the Prime Minister or the termination of his/her powers otherwise, the Parliament shall declare confidence in the Government nominated by the candidate for Prime Minister put forward by the political party with the best result in the parliamentary elections. Together with the composition of the Government, the Government Programme shall be submitted to the Parliament. To receive confidence, the support of the majority of the full composition of the Parliament is required.

3. If the Parliament does not declare confidence in the Government within the established period, the President of Georgia shall, not earlier than 2 and not later than 3 weeks after the expiry of the respective period, dissolve the Parliament and call early parliamentary elections.

4. The President of Georgia shall not dissolve the Parliament and shall not call early parliamentary elections if, within 2 weeks after the expiry of the period defined by paragraph 2 of this Article, the Parliament, by the majority of its full composition, declares confidence in the Government nominated by the candidate for Prime Minister put forward by more than one third of the full composition of the Parliament.

5. Within 2 days after the declaration of confidence in the Government, the President of Georgia shall appoint the Prime Minister to office, and the Prime Minister shall, within 2 days after his/her appointment, appoint the ministers. If the President of Georgia does not appoint the Prime Minister within the established period, he/she shall be considered appointed.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018

Article 57. Declaration of No Confidence🔗

1. Parliament shall be entitled to declare no confidence in the Government.

2. The right to raise the question of no confidence shall be held by more than one third of the full composition of Parliament. Together with raising the question of no confidence, the initiators shall nominate a candidate for Prime Minister, and the candidate for Prime Minister shall present a new composition of the Government to Parliament. Together with the composition of the Government, the Government Programme shall be presented to Parliament.

3. If Parliament, not earlier than 7 and not later than 14 days after the raising of the question, declares confidence in the new Government by a majority of its full composition, the no confidence shall be considered declared. Within 2 days after the declaration of confidence in the new Government, the President of Georgia shall appoint the Prime Minister to office, and the Prime Minister, within 2 days after his/her appointment, shall appoint the ministers. If the President of Georgia does not appoint the Prime Minister within the established period, he/she shall be considered appointed. The powers of the Government shall terminate from the moment of the appointment of the new Prime Minister.

4. If Parliament, after the raising of the question of no confidence, does not declare no confidence in the Government, it shall be inadmissible for the same members of Parliament to raise the question of no confidence during the following 6 months.

Constitutional Law of Georgia No 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No 2071 of 23 March 2018 – website, 02.04.2018.

Article 58. Declaration of Confidence at the Initiative of the Prime Minister🔗

1. The Prime Minister shall be entitled to put the question of confidence in the Government before Parliament.

2. The question of confidence shall be put to a vote not earlier than the 7th and not later than the 14th day after it is put. If Parliament does not declare confidence in the Government, the President of Georgia, not earlier than the 8th and not later than the 14th day after the non-declaration of confidence, shall dissolve Parliament and call early elections of Parliament.

3. The President of Georgia shall not dissolve Parliament if Parliament, within 7 days after the non-declaration of confidence in the Government, by a majority of its full composition declares confidence in the Government presented by the candidate for Prime Minister nominated by more than one third of the full composition of Parliament. Together with the composition of the Government, the Government Programme shall be presented to Parliament. Within 2 days after the declaration of confidence in the new Government, the President of Georgia shall appoint the Prime Minister to office, and the Prime Minister, within 2 days after his/her appointment, shall appoint the ministers. If the President of Georgia does not appoint the Prime Minister within the established period, he/she shall be considered appointed. The powers of the Government shall terminate from the moment of the appointment of the new Prime Minister.

Constitutional Law of Georgia No 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No 2071 of 23 March 2018 – website, 02.04.2018.

Chapter Six. Judicial Power and Prosecution

Article 59. Judicial Power🔗

1. Judicial power is independent and shall be exercised by the Constitutional Court of Georgia and the common courts of Georgia.

2. The Constitutional Court of Georgia shall be the judicial body of constitutional control. The procedure for its establishment and activity shall be determined by an organic law.

3. Justice shall be administered by the common courts. Specialised courts may be established only within the system of common courts. A military court may be introduced during a state of war and only within the system of common courts. The establishment of extraordinary courts shall be prohibited. In the common courts, cases shall be considered by jurors in the cases determined by law and in accordance with the established procedure. The system, powers and procedure of activity of the common courts shall be determined by an organic law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 02.04.2018.

Article 60. Constitutional Court of Georgia🔗

1. The Constitutional Court of Georgia shall exercise judicial power in accordance with the procedure of constitutional proceedings.

2. The Constitutional Court shall consist of 9 judges appointed for a term of 10 years, of whom 3 judges shall be appointed by the President of Georgia, 3 judges shall be elected by the Parliament by a majority of not less than three-fifths of the full composition, and 3 judges shall be appointed by the Supreme Court. A judge of the Constitutional Court may be a citizen of Georgia from the age of 35 who has higher legal education, at least 10 years of work experience in the specialty, and distinguished professional qualification. A person who has previously held this position may not be a judge of the Constitutional Court.

3. The Constitutional Court shall elect from its composition the Chairperson of the Constitutional Court for a term of 5 years. Re-election of the same person as Chairperson of the Constitutional Court for a second time shall be inadmissible.

4. The Constitutional Court, in accordance with the procedure established by the Organic Law:

a) on the basis of a claim by a natural person, a legal entity or the Public Defender, considers the constitutionality of a normative act in relation to the fundamental human rights recognised by Chapter Two of the Constitution;

b) on the basis of a claim by the President of Georgia, not less than one-fifth of the members of Parliament or the Government, adopts a decision on the issue of compliance of a normative act with the Constitution;

c) on the basis of a submission by a common court, considers the issue of the constitutionality of a normative act which, when considering a specific case, must be applied by the common court and which, in its reasonable assumption, may contradict the Constitution;

d) on the basis of a claim by the President of Georgia, the Parliament, the Government, the High Council of Justice, the Prosecutor General, the Council of the National Bank, the Auditor General, the Public Defender or the highest representative or executive body of an autonomous republic, considers a dispute concerning the powers of the respective body;

e) on the basis of a claim by the President of Georgia or the Government, a claim or submission by not less than one-fifth of the members of Parliament, considers the issue of the constitutionality of an international treaty;

f) on the basis of a claim by the President of Georgia, not less than one-fifth of the members of Parliament or the Government, considers the issue of the constitutionality of the activity of a political party and the termination of the powers of a member of a representative body elected through the nomination of that political party;

g) on the basis of a claim by not less than one-fifth of the members of Parliament or the respective person, considers the issue of the constitutionality of a decision of Parliament on the recognition or early termination of the powers of a member of Parliament;

h) on the basis of a claim by the President of Georgia, not less than one-fifth of the members of Parliament or the Public Defender, considers a dispute related to the constitutionality of a norm regulating a referendum or elections and of a referendum or elections to be held or held on the basis of this norm;

i) on the basis of a claim of the representative body of local self-government, considers the constitutionality of a normative act in relation to Chapter Nine of the Constitution;

j) exercises other powers determined by the Constitution.

5. A decision of the Constitutional Court of Georgia is final. An act or part thereof recognised as unconstitutional loses force from the moment of publication of the respective decision by the Constitutional Court of Georgia, unless the respective decision establishes another, later time for the act or part thereof to lose force.

6. It shall be inadmissible for the Constitutional Court of Georgia to recognise a norm regulating elections as unconstitutional during the respective election year, if that norm has not been adopted within 15 months before the month of the respective elections.

7. The appointment of a judge of the Constitutional Court of Georgia to office and the termination of his/her powers, as well as other issues of constitutional proceedings and of the activities of the Constitutional Court of Georgia, shall be determined by an organic law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Article 61. Supreme Court of Georgia🔗

1. The Supreme Court of Georgia is a court of cassation.

2. The Supreme Court shall consist of not less than 28 judges. Judges of the Supreme Court shall be elected for an indefinite term, until reaching the age established by an organic law, by the Parliament, by a majority of its full composition, upon the nomination of the High Council of Justice.

3. The Chairperson of the Supreme Court shall be elected from among the members of the Supreme Court for a term of 10 years, by a majority of its full composition, by the Parliament, upon the nomination of the High Council of Justice. Re-election of the same person as Chairperson of the Supreme Court shall be inadmissible.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Article 62. Proceedings🔗

1. A court delivers its judgment in the name of Georgia. Court acts shall be binding for execution. Failure to comply with a court judgment or obstruction of its execution shall be punishable by law.

2. A court judgment may be annulled, changed or suspended only by a court in the manner established by law. Other rules for release from serving a sentence and mitigation of the unserved part of a sentence shall be determined by law.

3. A case in court shall be considered at an open hearing. Consideration of a case at a closed hearing shall be permissible only in cases provided for by law. A court judgment shall be announced publicly.

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

5. Proceedings shall be conducted on the basis of equality and adversarial nature of the parties.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Article 63. Judge🔗

1. A judge is independent in his/her activity and shall obey only the Constitution and law. Any influence on a judge or interference in his/her activity with the aim of influencing the making of a decision is prohibited and shall be punishable by law. No one has the right to demand that a judge account for a specific case. All acts restricting the independence of a judge shall be void.

2. A judge is inviolable. It is inadmissible to subject him/her to criminal liability, to detain or arrest him/her, to search his/her dwelling or workplace, car or person without the consent of the High Council of Justice, and in the case of a judge of the Constitutional Court − without the consent of the Constitutional Court. An exception is the case of being caught at the scene of a crime, which shall be immediately reported to the High Council of Justice or the Constitutional Court, respectively. If the High Council of Justice or the Constitutional Court, respectively, does not give consent, the judge whose liberty has been restricted shall be immediately released.

3. The State shall ensure the safety of a judge and his/her family.

4. The office of a judge is incompatible with another office and with remunerated activity, except for scientific and pedagogical activity. A judge may not be a member of a political party or participate in political activity.

5. Removal of a judge of a common court from the consideration of a case, his/her dismissal from office or transfer to another office shall be permissible only in cases determined by organic law. The irremovability of a judge is guaranteed by organic law. Reorganisation or liquidation of a court may not become grounds for dismissal from office of a judge appointed for life.

6. A judge of a common court may be a citizen of Georgia from the age of 30, if he/she has the relevant higher legal education and at least 5 years of work experience in the specialty. Additional qualification requirements for a judge of a common court shall be determined by organic law. A judge of a common court shall be appointed to office for life, until reaching the age established by organic law. A judge shall be selected on the basis of integrity and competence. The decision on appointment to the office of a judge shall be taken by the High Council of Justice by a majority of not less than two thirds of the full composition. The procedure for appointment to and dismissal from the office of a judge shall be determined by organic law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 02.04.2018.

Article 64. High Council of Justice🔗

1. For the purpose of ensuring the independence and effectiveness of the common courts, the appointment and dismissal of judges and the performance of other tasks, a body of the common courts system is created − the High Council of Justice of Georgia.

2. The High Council of Justice shall be composed of 14 members appointed for a term of 4 years and the Chairperson of the Supreme Court. More than half of the members of the High Council of Justice shall be members elected from among judges by the self-governing body of judges of the common courts. In addition to the members elected by the self-governing body of judges of the common courts and the Chairperson of the Supreme Court, the High Council of Justice shall include a member appointed by the President of Georgia and members elected by the Parliament by a majority of not less than three fifths of its full composition. The Chairperson of the High Council of Justice shall be elected by the High Council of Justice from among the judge members of the High Council of Justice, in accordance with the procedure established by the Organic Law, for a term of 4 years, but not exceeding the term of his/her authority as a member of the High Council of Justice. The Secretary of the High Council of Justice shall be elected for a term of 4 years by the self-governing body of judges of the common courts from among its elected members.

3. The High Council of Justice shall be accountable to the self-governing body of judges of the common courts. The reporting procedure shall be determined by the Organic Law.

4. The authority, the procedure for the creation and operation of the High Council of Justice shall be determined by the Organic Law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 65. Prosecutor's Office🔗

1. The Prosecutor's Office of Georgia shall be independent in its activity and shall be subordinate only to the Constitution and the law.

2. The Prosecutor's Office shall be headed by the Prosecutor General, who shall be elected by the Parliament for a term of 6 years, upon the recommendation of the Prosecutorial Council, in accordance with the procedure established by the Organic Law, by a majority of the full composition.

3. In order to ensure the independence, transparency and effectiveness of the Prosecutor's Office, a Prosecutorial Council shall be created, which shall consist of 15 members elected in accordance with the procedure established by the Organic Law. The Chairperson of the Prosecutorial Council shall be elected by the Prosecutorial Council for a term of 2 years.

4. The Prosecutor's Office shall annually submit a report on its activity to the Parliament.

5. The authority, structure and procedure of activity of the Prosecutor's Office shall be determined by the Organic Law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Chapter Seven. State Finances and Control

Article 66. State Budget🔗

1. Parliament shall adopt the Law of Georgia on the State Budget annually by a majority of its full composition.

2. Only the Government is entitled, after consideration of the main data and directions with the committees of Parliament, to submit the draft State Budget to Parliament. The Government shall submit the draft State Budget for the next budget year to Parliament no later than 3 months before the end of the budget year. Together with the draft State Budget, the Government shall submit a report on the progress of the execution of the current year's State Budget. The Government shall submit the report on the execution of the State Budget to Parliament for approval no later than 5 months after the end of the budget year.

3. Without the consent of the Government, it is inadmissible to make changes to the draft law on the State Budget. The Government may request Parliament to incur additional state expenditure if it indicates the source of its coverage.

4. A law that causes an increase in the expenditures of the current budget year's State Budget, a reduction of revenues, or the assumption of new financial obligations by the State may be adopted by Parliament only after the consent of the Government, while a law related to the next budget year – with the consent of the Government or within the framework of the document of the country's main data and directions submitted by the Government to Parliament.

5. If Parliament has not adopted the State Budget before the beginning of the new budget year, expenditures shall be covered in accordance with the procedure established by law, according to the previous year's State Budget.

6. The reduction in the State Budget of the current funds allocated for Parliament compared to the amount of the previous year's budget funds may be made only with the prior consent of Parliament. Parliament itself shall decide on the distribution of the funds allocated for Parliament in the State Budget.

7. The Law on the State Budget shall be signed and published by the President of Georgia in accordance with the procedure established by Article 46 of the Constitution. Parliament's sharing of the remarks of the President of Georgia on the Law on the State Budget shall be permissible only with the consent of the Government.

8. The procedure for drafting and adopting the State Budget shall be determined by law.

Constitutional Law of Georgia of 13 October 2017 No. 1324 - website, 19.10.2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 - website, 02.04.2018.

Article 67. Taxes and duties, economic policy🔗

1. Payment of taxes and duties shall be obligatory in the amount and manner established by law. Only by law may the structure and procedure for the introduction of taxes and duties, their rates or rate limits be established. Exemption from tax shall be permissible only by law. Tax control shall be exercised only by tax authorities determined by law.

2. To ensure long-term and stable economic growth, the fundamental principles of economic policy shall be determined by Organic Law. Cases of violation of the established limits of macroeconomic parameters and, in cases of exceptional necessity, of exceeding the limits, as well as measures to be implemented for the purpose of returning the parameters to the limits, shall be determined by Organic Law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Article 68. National Bank🔗

1. The National Bank of Georgia shall conduct the country's monetary policy to ensure price stability and shall promote the stable functioning of the financial sector. The National Bank shall be the bank of banks, the banker of the Government and the fiscal agent.

2. The highest body of the National Bank shall be the Board of the National Bank, whose members shall be elected by Parliament, upon the nomination of the President of Georgia, for a term of 7 years, by a majority of the full composition. The President of Georgia shall appoint to office and dismiss from office the President of the National Bank from among the members of the Board of the National Bank, upon the nomination of the Board of the National Bank.

3. The National Bank shall be independent in its activities. Only the administrative and capital expenditures of the National Bank shall be subject to the supervision and control provided for by Article 69 of the Constitution. The National Bank shall be accountable to Parliament and shall annually submit to it a report on its activities.

4. Only the National Bank shall have the right to issue money. The name and unit of money shall be determined by Organic Law.

5. The powers, rules of activity and guarantee of independence of the National Bank shall be determined by Organic Law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Article 69. State Audit Office🔗

1. In order to promote the effectiveness and accountability of public administration, the State Audit Office shall supervise the use and expenditure of budgetary funds and other public resources. It shall also be entitled to inspect the activities of other state bodies of financial and economic control and to submit to the Parliament proposals for the improvement of tax legislation.

2. The State Audit Office shall be headed by the Auditor General, who shall be elected by the Parliament for a term of 5 years, upon the nomination of the Chairperson of the Parliament, by a majority of the full composition.

3. The State Audit Office shall be independent in its activities.

4. The State Audit Office shall be accountable to the Parliament. Twice a year, at the time of submission of the preliminary report and the full report on the execution of the budget, the State Audit Office shall submit to the Parliament a report in connection with the Government's report, and once a year – a report on its activities.

5. The State Audit Office shall ensure control of the management of public funds by the Parliament.

6. The powers, structure, rules of activity and guarantees of independence of the State Audit Office shall be determined by an organic law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Chapter Eight. Defence and Security of the State

Article 70. Defence Forces🔗

1. Defensive war is the sovereign right of Georgia.

2. The defence of Georgia is the duty of every citizen of Georgia. The procedure for performing military service shall be determined by law.

3. In order to defend the independence, sovereignty and territorial integrity of the country, as well as to fulfil other tasks related to defence and security and international obligations provided for by the Constitution, Georgia shall have the Defence Forces.

4. The types and composition of the Defence Forces shall be determined by law. The number of the Defence Forces shall be approved by the Parliament, upon the nomination of the Government, by a majority of the full composition.

5. During a state of war, the bodies responsible for the protection of state and public security may be united within the Defence Forces by a decree.

6. The Defence Forces shall act upon the order of the Minister of Defence in the manner established by law, and during a state of emergency or a state of war – upon the order of the Prime Minister.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 71. State of emergency and martial law🔗

1. In the event of an armed attack on Georgia or an immediate threat thereof, the President of Georgia, upon the submission of the Prime Minister, declares martial law, concludes a truce when the appropriate conditions exist, and immediately submits these decisions to Parliament for approval. The decision on declaring martial law shall enter into force from the moment of declaring martial law. Parliament approves the decision upon its assembly. If Parliament does not approve the decision, it loses legal force upon the vote.

2. During mass unrest, encroachment on the territorial integrity of the country, a military coup, armed rebellion, a terrorist act, a natural or man-made disaster or an epidemic, or in other cases when state authorities are deprived of the ability to normally exercise constitutional powers, the President of Georgia, upon the submission of the Prime Minister, declares a state of emergency throughout the entire territory of the country or in any part thereof and immediately submits this decision to Parliament for approval. The decision shall enter into force from the moment of declaring the state of emergency. Parliament approves the decision upon its assembly. If Parliament does not approve the decision, it loses legal force upon the vote. Emergency powers shall extend only to the territory where the state of emergency is declared.

3. During martial law or a state of emergency, the President of Georgia, upon the submission of the Prime Minister, issues decrees having the force of an organic law, which shall be in effect until the lifting of martial law or the state of emergency, respectively. A decree related to the powers of the National Bank shall be issued with the consent of the President of the National Bank. A decree shall enter into force from the moment of its issuance. A decree shall be immediately submitted to Parliament. Parliament approves the decree upon its assembly. If Parliament does not approve the decree, it loses legal force upon the vote.

4. During a state of emergency or martial law, the President of Georgia has the right to restrict by decree, in the country or in any part thereof, the rights listed in Articles 13, 14, 15, 17, 18, 19, 21 and 26 of the Constitution. During a state of emergency or martial law, the President of Georgia has the right to suspend by decree, in the country or in any part thereof, the operation of paragraphs 2−6 of Article 13, paragraph 2 of Article 14, paragraph 2 of Article 15, paragraphs 3, 5 and 6 of Article 17, paragraph 2 of Article 18 and paragraph 3 of Article 19 of the Constitution. The President of Georgia shall immediately submit the decree provided for by this paragraph to Parliament for approval. A decree on the restriction of a right shall enter into force upon its issuance, while a decree on the suspension of a norm — upon approval by Parliament. A decree on the restriction of a right shall be approved in accordance with the procedure established by paragraph 3 of this Article.

5. During a state of emergency or martial law, general elections shall not be held. In the event of the introduction of a state of emergency in any part of the country, the decision on holding elections in the remaining territory of the country shall be taken by Parliament.

6. The decision on the revocation of a state of emergency or martial law shall be taken in accordance with the procedure established for the declaration and approval of the respective state.

7. A decision of Parliament on the matters provided for by this Article shall be taken by a majority of the full composition of Parliament.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018

Article 72. Use of the Defence Forces🔗

1. The decision on the use of the Defence Forces during martial law shall be taken by the Prime Minister, and this decision shall not require approval by Parliament.

2. During a state of emergency, the decision on the use of the Defence Forces shall be taken by the President of Georgia upon the submission of the Prime Minister and shall be immediately submitted to Parliament for approval. The decision shall enter into force upon its approval by Parliament. The decision on the use of the Defence Forces during a natural or technological disaster or an epidemic shall be taken by the Prime Minister, and this decision shall not require approval by Parliament. Parliament shall be entitled to take a decision on the termination of the use of the Defence Forces during a natural or technological disaster or an epidemic.

3. In order to fulfil international obligations, the decision on the use of the Defence Forces shall be taken by the President of Georgia upon the submission of the Government and shall be immediately submitted to Parliament for approval. The decision shall enter into force upon its approval by Parliament.

4. For the purposes of the defence of the State, in special and cases provided for by law, the decision on the entry, use and movement of the military forces of another state in the country shall be taken by the President of Georgia upon the submission of the Government. The decision shall be immediately submitted to Parliament for approval and shall enter into force upon its approval by Parliament.

5. A decision of Parliament on the matters provided for by this Article shall be taken by a majority of the full composition of Parliament.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018

Article 73. National Defence Council🔗

1. During a state of war, a consultative body – the National Defence Council – shall be created, chaired by the President of Georgia. The members of the National Defence Council are: the President of Georgia, the Prime Minister, the Chairperson of the Parliament, the Minister of Defence and the Chief of the Defence Forces. By the decision of the President of Georgia, individual members of the Parliament and the Government may be invited as members of the Council. The National Defence Council shall function until the revocation of the state of war.

2. The powers and rules of procedure of the National Defence Council shall be determined by law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Chapter Nine. Local Self-Government

Article 74. Bodies of Local Self-Government, Boundaries, Legal Grounds🔗

1. Citizens of Georgia shall regulate matters of local importance through the representative and executive bodies of local self-government. The representative body shall be elected on the basis of universal, equal and direct suffrage by secret ballot. The executive bodies shall execute the decisions of the representative bodies and shall be accountable to them.

2. A self-governing unit is a legal entity of public law. The Parliament shall, upon the submission of the Government and in consultation with the relevant self-governing units, adopt a decision on the creation, abolition or change of the boundaries of a self-governing unit.

3. Local self-government shall be exercised in accordance with the procedure established by an organic law.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19 October 2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 2 April 2018.

Article 75. Powers of a self-governing unit🔗

1. The powers of state authority and of a self-governing unit are delimited.

2. A self-governing unit is entitled, in compliance with legislation, on its own initiative to take a decision on all matters which by law do not fall within the special powers of state authority or of an autonomous republic and on which the taking of a decision is not excluded by law from the powers of the self-governing unit.

3. A self-governing unit exercises its own powers independently and at its own responsibility, within the framework of the legislation of Georgia. The own powers determined by an organic law are full and exclusive.

4. Delegation of a power by state authority to a self-governing unit is carried out on the basis of a legislative act or a contract, with the transfer of the corresponding material and financial resources.

5. State authority exercises legal supervision over the activity of a self-governing unit. Supervision of the activity of a self-governing unit for the purpose of ensuring the expediency of decisions is permissible only in relation to decisions taken on the basis of a delegated power. State supervision is exercised in the manner established by an organic law, in accordance with the principle of proportionality.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Article 76. Guarantees of local self-government🔗

1. A self-governing unit has its own property and finances.

2. A self-governing unit independently establishes its organisational arrangement in accordance with an organic law, and independently takes personnel decisions in accordance with an organic law and the legislation regulating public service.

3. A self-governing unit, for the exercise of its powers, has the right to cooperate with another self-governing unit in the manner established by an organic law. A self-governing unit has the right, in the manner established by an organic law, to join associations of self-governing units.

4. Bodies of state authority take decisions on matters relating to local self-government in consultation with self-governing units. The procedure for holding consultations is determined by an organic law.

5. A decision taken by a local self-government body within the scope of its powers is mandatory for execution in the territory of the respective self-governing unit.

Constitutional Law of Georgia No. 1324 of 13 October 2017 – website, 19.10.2017.

Constitutional Law of Georgia No. 2071 of 23 March 2018 – website, 02.04.2018.

Chapter Ten. Revision of the Constitution

Article 77. Procedure for revising the Constitution🔗

1. The Constitution shall be revised by a constitutional law, the right to submit a draft of which shall be vested in more than half of the full composition of Parliament or not less than 200,000 voters.

2. A draft constitutional law shall be submitted to Parliament, which shall publish it for public discussion. Consideration of the draft law in Parliament shall begin one month after its publication.

3. A constitutional law shall be considered adopted if it is supported by not less than two-thirds of the full composition of Parliament. The constitutional law shall be transmitted to the President of Georgia for signature within 10 days after its consideration in one reading by the Parliament of the next convocation and its approval unchanged by not less than two-thirds of the full composition.

4. A constitutional law shall be transmitted to the President of Georgia for signature within the period established by Article 46 of the Constitution, if it is supported by not less than three-fourths of the full composition of Parliament.

5. A constitutional law relating to the restoration of territorial integrity shall be adopted by a majority of not less than two-thirds of the full composition of Parliament and shall be transmitted to the President of Georgia for signature within the period established by Article 46 of the Constitution.

6. A constitutional law shall be signed and published by the President of Georgia in the manner established by Article 46 of the Constitution.

7. In the event of declaration of a state of emergency or martial law, consideration of a draft constitutional law shall be suspended until the revocation of that state.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Chapter Eleven. Transitional Provisions

Article 78. Integration into European and Euro-Atlantic structures🔗

The constitutional bodies shall, within the scope of their powers, take all measures to ensure the full integration of Georgia into the European Union and the North Atlantic Treaty Organization.

Constitutional Law of Georgia of 13 October 2017 No. 1324 – website, 19 October 2017.

Constitutional Law of Georgia of 23 March 2018 No. 2071 – website, 2 April 2018.

Head of State of Georgia

Eduard Shevardnadze.

Tbilisi,

24 August 1995.

No. 786-rs