CHANGES AND AMENDMENTS:
THE CONSTITUTION
OF
Adopted on
The
citizens of Georgia, whose firm will is to establish a democratic social order,
economic freedom, a Rule of Law based social state, to secure universally
recognised human rights and freedoms, to enhance the state independence and
peaceful relations with other
peoples, bearing in mind the
centuries-old traditions of the Statehood of the Georgian Nation and the basic
principles of the Constitution of Georgia of 1921, proclaim nation-wide the
present Constitution.
General Provisions
Article 1
1.
2. The form of political structure
of the state of
3. “
Article 2
1. The territory of the state of
2. The alienation of the
3. The territorial state structure
of
4. The citizens of
Article 3
1. The following shall fall within
the exclusive competence of higher state bodies of
a) legislation on Georgian
citizenship, human rights and freedoms, emigration and immigration, entrance
and leaving the country, temporary or permanent residence of citizens of
foreign states and stateless persons in Georgia;
b) the status, boundary regime and
defence of the state frontiers; the status and defence of territorial waters,
airspace, the continental shelf and Exclusive Economic Zone;
c) state defence and security, armed
forces, military industry and trade in arms;
d) the issues of war and peace, the
determination of a legal regime of the state of emergency and the martial law
and their introduction;
e) foreign policy and international
relations;
f) foreign trade, customs and tariff
regimes;
g) state finances and state loan;
issuing money; legislation on banking, credit, insurance and taxes;
h) standards and models; geodesy and
cartography; determination of the exact time; state statistics;
i) a unified energetic system and
regime; communications; merchant fleet; ensigns; harbours of general state
importance; airports and aerodromes; control of airspace, transit and air
transport, registration of air transport; meteorological service; environmental
observation system;
j) railways and motor roads of state
importance;
k) piscary in ocean and high seas;
l) frontier-sanitary cordon;
m) legislation on pharmaceutical
medicines;
n) certification and accreditation
of secondary schools and institutes of higher education; legislation on
academic, scientific and professional titles and grades;
o) legislation on intellectual property;
p) legislation on trade law,
criminal law, civil law, administrative law and labour law, penitentiary and
procedures legislation.
q) criminal police and
investigation;
r) legislation on land, subsoil and
natural resources;
2. Issues falling within the joint
competence shall be determined separately.
3. The status of the Autonomous
Republic of Ajara shall be determined by the Constitutional Law of Georgia “On
the Status of the Autonomous Republic of Ajara”. (added by the Constitutional
Law of Georgia of
Article 4
1. After the creation of appropriate
conditions and formation of the bodies of local self-government throughout the
whole
2. The Council of Republic shall
consist of members elected after a proportional system.
3. The Senate shall consist of
members elected from Abkhazia, the Autonomous Republic of Ajara and other
territorial units of
4. The composition, authority and
election procedure of the chambers shall be determined By the Organic Law.
Article 5
1. The people shall be the source of
state authority in
2. The people shall exercise their
authority through referendum, other forms of direct democracy and their
representatives.
3. No one shall have the right to
seize the authority or usurp it.
4. State authority shall be
exercised on the basis of the principle of separation of powers.
Article 6
1. The Constitution of
2. The legislation of
Article 7
The state shall recognise and
protect 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 acting law.
Article 8
The state language of
Article 9
1. The state shall declare complete
freedom of belief and religion, as well as shall recognise the special role of
the Apostle Autocephalous Orthodox Church of
2. The
relations between the state of
Article 10
Article 11
The state symbols of
Georgian Citizenship.
Basic Rights and Freedoms of Individual
Article 12
1. Georgian citizenship shall be
acquired by birth and naturalisation.
2. A citizen of
3. The procedure for the acquisition
and loss of citizenship shall be determined by the Organic Law.
Article 13
1.
2. No one shall be deprived of
his/her citizenship.
3. The expulsion of a citizen of
4. The extradition/transfer of a
citizen of
Article 14
Everyone is free by birth and is
equal before law regardless of race, colour, language, sex, religion, political
and other opinions, national, ethnic and social belonging, origin, property and
title, place of residence.
Article 15
1. Everyone has the inviolable right
to life and this right shall be protected by law.
2. The exclusive measure of
punishment - death penalty until its complete abolition shall be envisaged by
the Organic Law in respect of especially grave crime against the life. Only the
Supreme Court of Georgia shall be authorised to impose such a punishment.
Article 16
Everyone has the right to free
development of his/her personality.
Article 17
1. Honour and dignity of an
individual is inviolable.
2. Torture, inhuman, cruel treatment
and punishment or treatment and punishment infringing upon honour and dignity
shall be impermissible.
Article 18
1.
2. Deprivation of liberty or other
restriction of personal liberty without a court decision shall be
impermissible.
3. An arrest of an individual shall
be permissible by a specially authorised official in the cases determined by
law. Everyone arrested or otherwise restricted in his/her liberty shall be
brought before a competent court not later than 48 hours. If, within next 24
hours, the court fails to adjudicate upon the detention or another type of
restriction of liberty, the individual shall immediately be released.
4.
Physical or mental coercion of an arrested or a person otherwise restricted in
his/her liberty shall be impermissible.
5. An arrested or detained person
shall be informed about his/her rights and the grounds for restriction of
his/her liberty upon his/her arrest or detention. The arrested or detained
person may request for the assistance of a defender upon his/her arrest or
detention, the request shall be met.
6. The term of arrest of a suspect
in the commission of a crime shall not exceed 72 hours and the term of
detention on remand of an accused shall not exceed 9 months.
7. The violation of the requirements
of the present Article shall be punishable by law. A person arrested or
detained illegally shall have the right to receive a compensation.
Article 19
1. Everyone has the right to freedom
of speech, thought, conscience, religion and belief.
2. The persecution of a person on
the account of his/her speech, thought, religion or belief as well as the
compulsion to express his/her opinion about them shall be impermissible.
3. The restriction of the freedoms
enumerated in the present Article shall be impermissible unless their
manifestation infringes upon the rights of others.
Article 20
1. Everyone’s private life, place of
personal activity, personal records, correspondence, communication by telephone
or other technical means, as well as messages received through technical means
shall be inviolable. Restriction of the aforementioned rights shall be
permissible by a court decision or also without such decision in the case of
the urgent necessity provided for by law.
2. No one shall have the right to enter
the house and other possessions against the will of possessors, or conduct
search unless there is a court decision or the urgent necessity provided for by
law.
Article 21
1. The property and the right to
inherit shall be recognised and guaranteed. The abrogation of the universal
right to property, of the right to acquire, alienate and inherit property shall
be impermissible.
2. The restriction of the rights
referred to in the first paragraph shall be permissible for the purpose of the
pressing social need in the cases determined by law and in accordance with a
procedure established by law.
3. Deprivation of property for the
purpose of the pressing social need shall be permissible in the circumstances
as expressly determined by law, under a court decision or in the case of the
urgent necessity determined by the Organic Law and only with appropriate
compensation.
Article 22
1. Everyone legally within the
2. Everyone legally within the
3. These rights may be restricted
only in accordance with law, in the interests of securing national security or
public safety, protection of health, prevention of crime or administration of
justice that is necessary for maintaining a democratic society.
Article 23
1. The freedom of intellectual
creation shall be guaranteed. The right to intellectual property shall be
inviolable.
2. Interference in creative process,
censorship in the field of creative activity shall be impermissible.
3. The seizure of creative work and
prohibition of its dissemination shall be impermissible unless it infringes
upon the legal rights of others.
Article 24
1. Everyone has the right to freely
receive and impart information, to express and impart his/her opinion orally,
in writing or by in any other means.
2. Mass media shall be free. The
censorship shall be impermissible.
3. Neither the state nor particular
individuals shall have the right to monopolise mass media or means of
dissemination of information.
4.The exercise of the rights
enumerated in the first and second paragraphs of the present Article may be
restricted by law on such conditions which are necessary in a democratic
society in the interests of ensuring state security, territorial integrity or
public safety, for preventing of crime, for the protection of the rights and dignity
of others, for prevention of the disclosure of information acknowledged as
confidential or for ensuring the independence and impartiality of justice.
Article 25
1. Everyone except members of the
armed forces, of the police and of the security office has the right to public
assembly without arms either indoors or outdoors without prior permission.
2. The necessity of prior
notification of the authorities may be established by law in the case where a
public assembly or manifestation is held on a public thoroughfare.
3. Only the authorities shall have
the right to brake up a public assembly or manifestation in case it assumes an
illegal character.
Article 26
1. Everyone shall have the right to
form and to join public associations, including trade unions.
2. Citizens of
3. The formation and activity of
such public and political associations aiming at overthrowing or forcibly
changing the constitutional structure of
4. The creation of armed formations
by public and political associations shall be impermissible.
5. A person who is enrolled in the
personnel of the armed forces, state security offices or the forces of the
bodies of internal affairs or a person having been designated as a judge or a
prosecutor shall cease his/her membership of any political association.
6. Suspension or prohibition of the
activity of public or political associations shall be possible only under a
court decision, in the cases determined by the Organic Law and in accordance
with a procedure prescribed by law.
Article 27
The state shall be entitled to
impose restriction on the political activity of citizens of a foreign country
and stateless persons.
Article 28
1. Every citizen of
2. A citizen, who is recognised as
legally incapable by a court or who is detained in a penitentiary institution
following a conviction by a court, shall have no right to participate in
elections and referendum.
Article 29
1. Every citizen of
2. The conditions of public office
shall be determined by law.
Article 30
1. Labour shall be free.
2. The state shall be bound to
promote the development of free entrepreneurial activity and competition.
Monopolistic activity shall be prohibited except for the cases permitted by
law. The rights of consumers shall be protected by law.
3. On the basis of international
agreements governing labour relations, the state shall protect the labour rights
of the citizens of
4. The protection of labour rights,
fair remuneration of labour and safe, healthy working conditions and the
working conditions of minors and women shall be determined by law.
Article 31
The state shall take care for the
equal socio-economic development of the whole territory of the country. With
the view of ensuring the socio-economic progress of the high mountain regions
special privileges shall be determined by law.
Article 32
The state shall promote the unemployed
citizen of
Article 33
The right to strike shall be
recognised. Procedure of exercising this right shall be determined by law. The
law shall also establish the guarantees for the functioning of services of
vital importance.
Article 34
1. The state shall promote the
development of culture, the unrestricted participation of citizens in cultural
life, expression and enrichment of cultural originality, recognition of
national and common values and deepening of international cultural relations.
2. Every citizen of
Article 35
1. Everyone shall have the right to
receive education and the right to free choice of a form of education.
2. The state shall ensure the
compatibility of educational programmes with international rules and standards.
3. Pre-school education shall be
guaranteed by the state. Primary education shall be compulsory. The state shall
provide basic education at its own expense. Citizens shall have the right to
receive free secondary, professional and higher education at state educational
institutions in accordance with a procedure and within the framework
established by law.
4. The state shall support
educational institutions in accordance with the procedure established by law.
Article 36
1. Marriage shall be based upon
equality of rights and free will of spouses.
2. The state shall promote the
prosperity of the family.
3. The rights of the mother and the
child shall be protected by law.
Article 37
1. Everyone shall have the right to
enjoy health insurance as a means of accessible medical aid. In the cases
determined in accordance with a procedure prescribed by law, free medical aid
shall be provided.
2. The state shall control all
institutions of health protection and the production and trade of medicines.
3. Everyone shall have the right to
live in healthy environment and enjoy natural and cultural surroundings.
Everyone shall be obliged to care for natural and cultural environment.
4. With the view of ensuring safe
environment, in accordance with ecological and economic interests of society,
with due regard to the interests of the current and future generations the
state shall guarantee the protection of environment and the rational use of
nature.
5. A person shall have the right to
receive a complete, objective and timely information as to a state of his/her
working and living environment.
Article 38
1. Citizens of
2. In accordance with universally
recognised principles and rules of international law, the exercise of minority
rights shall not oppose the sovereignty, state structure, territorial integrity
and political independence of
Article 39
The Constitution of Georgia shall
not deny other universally recognised rights, freedoms and guarantees of an
individual and a citizen, which are not referred to herein but stem inherently
from the principles of the Constitution.
Article 40
1. An individual shall be presumed innocent until the commission
of an offence by him/her is proved in accordance with the procedure prescribed
by law and under a final judgment of conviction.
2. No one shall be obliged to prove his innocence. A
burden of proof shall rest with the prosecutor.
3.A resolution on proceeding a person as an accused, a
bill of indictment and a judgment of conviction shall be based only on the
evidence beyond a reasonable doubt. An accused shall be given the benefit of
doubt in any event.
Article 41
1. Every citizen of
2. The information existing on
official papers pertaining to individual’s health, his/her finances or other
private matters, shall not be accessible to any one without the consent of the
individual in question except in the cases determined by law, when it is
necessary for ensuring the state security or public safety, for the protection
of health, rights and freedoms of others.
.
Article 42
1. Everyone has the right to apply
to a court for the protection of his/her rights and freedoms.
2. Everyone shall be tried only by a court under jurisdiction of which his/her
case is.
3. The right to defence shall be
guaranteed.
4. No one shall be convicted twice
for the same crime.
5. No one shall be held responsible
on account of an action, which did not constitute a criminal offence at the
time it was committed. The law that neither mitigate nor abrogate
responsibility shall have no retroactive force.
6. The accused shall have the right
to request summonsing and interrogation of his/her witnesses under the same
conditions as witnesses of the prosecution.
7. Evidence obtained in
contravention of law shall have no legal force.
8. No one shall be obliged to testify against himself/herself or those
relatives whose circle shall be determined by law.
9. Everyone having sustained
illegally a damage by the state, self-government bodies and officials shall be
guaranteed to receive complete compensation from state funds through the court
proceedings.
Article 43
1. The protection of human rights
and fundamental freedoms within the
2. The Public Defender shall be
authorised to reveal facts of the violation of human rights and freedoms and to
report on them to corresponding bodies and officials. The creation of
impediments to the activity of the Public Defender shall be punishable by law.
3. The authority of the Public
Defender shall be determined by the Organic Law.
Article 44
1. Everyone residing in
2. The exercise of the rights and
freedoms of an individual shall not infringe upon the rights and freedoms of
others.
Article 45
The basic rights and freedoms
enshrined in the Constitution with due regard to their contents shall apply to
legal entities as well.
Article 46
1. In case of a state emergency or
martial law, the President of Georgia shall be authorised to restrict the
rights and freedoms enumerated in Articles 18, 20, 21, 22, 24, 25, 30, 33 and
41 of the Constitution either throughout the whole country or a certain part
thereof. The President shall be obliged to submit the decision to the
Parliament for approval within 48 hours.
2. In case of introduction of a
state of emergency or martial law throughout the whole territory of the state,
elections of the President of Georgia, the Parliament of Georgia or other
representative bodies of
Article 47
1. Foreign citizens and stateless
persons residing in
2. In accordance with universally
recognised rules of international law, the procedure established by law,
Georgia shall grant asylum to foreign citizens and stateless persons.
3. It shall be inadmissible to
extradite/transfer an individual seeking a shelter, being persecuted for
political creed or prosecuted for an action not regarded as a crime under the
legislation of
The Parliament of
Article 48
The Parliament of Georgia shall be
the supreme representative body of the country, which shall exercise
legislative power, determine the principle directions of domestic and foreign
policy, exercise control over the activity of the Government within the
framework determined by the Constitution and discharge other powers.
Article 49
1. The Parliament of
2. A citizen, who has attained the
age of 25, having the right to vote, may be elected a member of the Parliament.
3. The internal structure of the
Parliament and procedure of its activity shall be determined by the Regulations
of the Parliament.
4. The current expenditure for the
Parliament of Georgia in the State Budget comparatively to the amount of
budgetary means of the previous year may be reduced only by the prior consent
of the Parliament. The Parliament shall adopt a decision itself on the
distribution of the budgetary means of the Parliament in the State Budget. (is added by the Constitutional Law of
Article 50
1. A political association of
citizens registered in accordance with a procedure determined by law, the
initiative of which is confirmed by the signatures of not less than 50,000
electors or which has a representative in the Parliament at the time elections
are scheduled, shall have the right to stand for the elections, whereas the
elections by the majority system, an individual, whose nomination is confirmed
by at least 1,000 signatures or an individual who was a member of the
Parliament as a result of the previous elections shall have the right to stand
for the elections.
2. The mandates of the members of
the Parliament shall be distributed only among those political associations and
electoral blocks, which obtained at least seven per cent of the votes of the
electors, participated in the elections held under the proportional system. (the change is added by the Constitutional
Law of
3. The regular parliamentary
elections shall be held at least fifteen days before the expiration of its
term. If the date of holding the elections coincides with a state of emergency
or martial law, the elections shall be held not later than 60 days after the
cancellation of the state. The President of Georgia shall schedule the
elections not later than 60 days before the elections. In case of dissolution
of the Parliament the President shall schedule extraordinary elections, which
shall be held not earlier than 45 days and not later than 60 days before the
enforcement of an order on the dissolution of the Parliament. (acquired a new
wording by the Constitutional Law of Georgia of.6 February 2004).
31 The Parliament shall
terminate the activity upon the enforcement of the order of the President on
the dissolution of the Parliament. From the enforcement of the order of the
President on the dissolution of the Parliament to the first convocation of the
newly elected Parliament the dissolved Parliament shall assemble only in case
of declaration of a state of emergency or martial law by the President to
decide on the issues of prolongation or/and approval a state of emergency or
martial law. In case the Parliament is
not assembled within 5 days or does not approve (prolongate) the order of the
President on the declaration (prolongation) of a state of emergency, the
announced state of emergency shall be cancelled. In case the Parliament does
not approve the order of the President on the declaration (prolongation) of a
state of martial law within 48 hours, the state of martial law shall be
cancelled. Convocation of the Parliament shall not result in restoration of the
offices and salaries of the members of the Parliament. The Parliament shall
terminate an activity upon the adoption of a decision on the above mentioned issues.
(is added by the Constitutional Law of
4. The authority of the Parliament
shall be terminated upon the first convocation of the newly elected Parliament.
5. The election procedure of a
member of the Parliament as well as inadmissibility to stand for the elections
shall be determined by the Constitution and the Organic Law.
Article 51
The first sitting of the newly
elected Parliament of Georgia shall be held within 20 days after the elections.
The day of the first sitting shall be scheduled by the President of Georgia.
The Parliament shall begin its work if the authority of not less than two
thirds of the members of the Parliament is confirmed.
Article 511
The Parliament shall
be dissolved by the President only in cases determined by the Constitution,
save for:
a. within six
months from the holding of the elections of the Parliament;
b. discharging
of an authority determined by Article 63 of the Constitution by the Parliament;
c. in time of
a state of emergency or martial law;
d. within the
last 6 months of the term of office of the President of Georgia.