Georgia 1995 (rev. 2018) Subsequently amended

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

Chapter One. General Provisions

Article 1. State sovereignty

Reference to country's history Accession of territory , International organizations

Article 2. State symbols

    'Georgia' is the name of the state of Georgia.
National capital Official or national languages National anthem , National flag

Article 3. Democracy

Type of government envisioned Restrictions on political parties

Article 4. Legal state

    Georgia is a legal state.
Binding effect of const rights International law , Legal status of treaties , Customary international law

Article 5. Social state

    Georgia is a social state.
Reference to fraternity/solidarity Mentions of social class Right to shelter , Right to health care , Right to work Protection of environment Reference to science , Right to culture

Article 6. Economic freedom

    Economic freedom is recognised and guaranteed.
Right to establish a business , Right to competitive marketplace Right to own property

Article 7. Basis of territorial arrangement

    The following shall fall within the exclusive competence of the supreme state authorities of Georgia:
    Requirements for birthright citizenship Provisions for intellectual property , Reference to science Emergency provisions Subsidiary unit government Customary international law , Official religion , Freedom of religion , International law

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

    Along with freedom of belief and religion, the State shall recognise the outstanding role of the Apostolic Autocephalous Orthodox Church of Georgia in the history of Georgia, and its independence from the State. The relationship between the state of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia shall be determined by a constitutional agreement, which shall be in full compliance with the universally recognised principles and norms of international law in the area of human rights and freedoms.

    Chapter Two. Fundamental Human Rights

    Article 9. Inviolability of human dignity

    Human dignity Prohibition of torture , Prohibition of cruel treatment

    Article 10. Rights to life and physical integrity

    Prohibition of capital punishment

    Article 11. Right to equality

    Equality regardless of language , Equality regardless of financial status , Equality regardless of creed or belief , Equality regardless of gender , Equality regardless of political party , Equality regardless of social status , Equality regardless of religion , Equality regardless of skin color , Equality regardless of race , General guarantee of equality , Equality regardless of origin

    Right to culture , International law , Customary international law , Protection of language use Equality regardless of gender State support for the disabled Right to development of personality

    Article 12. Right to free personal development

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

    Protection from unjustified restraint

    Article 13. Human liberty

    1. Human liberty shall be protected.
    2. The deprivation or other restrictions of liberty shall only be permitted on the basis of a court decision.
    3. An official authorised by law may arrest a person in cases defined by law. An arrestee shall be brought before a court of competent jurisdiction no later than 48 hours after being arrested. If the court does not adjudicate upon detention or any other restriction of liberty within the next 24 hours, the person shall be released immediately.
    Right to counsel Protection from false imprisonment Freedom of movement

    Article 14. Freedom of movement

    1. Everyone lawfully staying in Georgia shall have the right to move freely within the territory of the country, to choose a place of residence freely and to leave Georgia freely.
    2. These rights may only be restricted in accordance with law, for ensuring national security or public safety, protecting health or administering justice, insofar as is necessary in a democratic society.
    3. A citizen of Georgia shall be able to enter Georgia freely.
    Right to privacy

    Article 15. Rights to personal and family privacy, personal space and privacy of communication

      Personal and family life shall be inviolable. This right may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society.
    Regulation of evidence collection Freedom of opinion/thought/conscience , Freedom of religion

    Article 16. Freedom of belief, religion and conscience

    1. Everyone has freedom of belief, religion and conscience.
    2. These rights may be restricted only in accordance with law for ensuring public safety, or for protecting health or the rights of others, insofar as is necessary in a democratic society.
    3. No one shall be persecuted because of his/her belief, religion or conscience, or be coerced into expressing his/her opinion thereon.

    Right to information , Freedom of opinion/thought/conscience , State operation of the media , Freedom of expression , Freedom of press

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

    1. Freedom of opinion and the expression of opinion shall be protected. No one shall be persecuted because of his/her opinion or for expressing his/her opinion.
    2. Every person has the right to receive and impart information freely.
    3. Mass media shall be free. Censorship shall be inadmissible. Neither the State nor individuals shall have the right to monopolise mass media or the means of dissemination of information.
    4. Everyone has the right to access and freely use the internet.
    5. The restriction of these rights may be allowed only in accordance with law, insofar as is necessary in a democratic society for ensuring national security, public safety or territorial integrity, for the protection of the rights of others, for the prevention of the disclosure of information recognised as confidential, or for ensuring the independence and impartiality of the judiciary.
    6. The independence of the public broadcaster from state agencies and its freedom from political and substantial commercial influence shall be ensured by law.
    Media commission

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

    Right to fair trial , Right to speedy trial Right to information Ultra-vires administrative actions Right to own property

    Article 19. Right to property

    Right to transfer property Protection from expropriation Ownership of natural resources Reference to art

    Article 20. Freedom of creativity, cultural heritage

    Provisions for intellectual property Right to culture Freedom of assembly

    Article 21. Freedom of assembly

    1. Everyone, except those enlisted in the Defence Forces or bodies responsible for state and public security, shall have the right to assemble publicly and unarmed, without prior permission.
    2. The law may establish the necessity of prior notification of authorities if an assembly is held on a public thoroughfare.
    3. Authorities may terminate an assembly only if it assumes an unlawful character.
    Freedom of association

    Article 22. Freedom of association

    1. Freedom of association shall be guaranteed.
    2. An association may only be dissolved by its own or a court decision in cases defined by law and in accordance with the established procedure.
    Right to form political parties

    Article 23. Freedom of political parties

      Citizens of Georgia shall have the right to form a political party and participate in its activities in accordance with the organic law.
    Restrictions on political parties , Restrictions on the armed forces Prohibited political parties Regulation of political parties , Constitutional court powers Restrictions on voting , Referenda

    Article 24. Electoral right

    Subsidiary unit government , Claim of universal suffrage , Municipal government

    Article 25. Right to hold public office

      Every citizen of Georgia shall have the right to hold any public office if the individual meets the requirements established by legislation. Conditions for civil service shall be determined by law.
    Eligibility for head of government , Eligibility for head of state

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

    Right to safe work environment , Right to choose occupation Right to join trade unions Right to strike Protection of consumers , Right to establish a business

    Article 27. Right to education and academic freedom

      Everyone has the right to receive education and the right to choose the form of education they receive.
    Compulsory education , Free education Right to academic freedom Right to health care

    Article 28. Right to the protection of health

    1. The right of a citizen to affordable and quality health care services shall be guaranteed by law.
    2. The State shall exercise control over all health care institutions and the quality of medical services, and shall regulate the production and circulation of pharmaceuticals.
    Protection of environment

    Article 29. Right to environmental protection

    1. Everyone has the right to live in a healthy environment and enjoy the natural environment and public space. Everyone has the right to receive full information about the state of the environment in a timely manner. Everyone has the right to care for the protection of the environment. The right to participate in the adoption of decisions related to the environment shall be ensured by law.
    2. Environmental protection and the rational use of natural resources shall be ensured by law, taking into account the interests of current and future generations.

    Article 30. Right to marry, rights of mothers and children

    Provision for matrimonial equality Rights of children , Rights or duties of parents

    Article 31. Procedural rights

    1. Every person has the right to apply to a court to defend his/her rights. The right to a fair and timely trial shall be ensured.
    2. Every person shall be tried only by a court that has jurisdiction over the case.
    Right to counsel Presumption of innocence in trials , Guarantee of due process Prohibition of double jeopardy Protection from ex post facto laws , Principle of no punishment without law Regulation of evidence collection Protection from self-incrimination Conditions for revoking citizenship

    Article 32. Citizenship of Georgia

      Georgia shall protect its citizen regardless of his/her location.
    Requirements for naturalization , Requirements for birthright citizenship Extradition procedure , International law Protection of stateless persons

    Article 33. Rights of aliens and stateless persons

    1. Citizens of other states and stateless persons living in Georgia shall have rights and obligations equal to those of citizens of Georgia except in cases provided for by the Constitution and law.
    2. The State shall be entitled to impose restrictions on the political activities of citizens of other states and stateless persons.
    Customary international law , International law Customary international law , International law , Extradition procedure

    Article 34. General principles for ensuring fundamental human rights

    1. The fundamental human rights referred to in the Constitution, in terms of their contents, shall also apply to legal persons.
    2. The exercise of fundamental human rights shall not violate the rights of others.
    3. The restriction of a fundamental human right shall be commensurate with the significance of the legitimate aim that it serves.
    Attorney general

    Article 35. Public Defender of Georgia

    1. Supervision of the protection of human rights within the territory of Georgia shall be exercised by the Public Defender of Georgia, who shall be elected for a term of 6 years by a majority of at least three fifths of the total number of the Members of Parliament. The same person shall not be elected as a Public Defender consecutively.
    2. Hindering the activities of the Public Defender shall be punishable by law.
    3. The arrest or detention of the Public Defender, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the consent of Parliament, except if the Public Defender is caught at the crime scene, in which case Parliament shall be notified immediately. In such cases, the Public Defender shall be released immediately unless Parliament consents to the detention.
    4. The powers of the Public Defender shall be defined by the organic law.

    Chapter Three. Parliament of Georgia

    Article 36. Status and authority of Parliament

      The Parliament of Georgia is the supreme representative body of the country that exercises legislative power, defines the main directions of the country's domestic and foreign policies, controls the activities of the Government within the scope established by the Constitution, and exercises other powers.
    Legislative committees

    Article 37. Parliamentary elections

    Structure of legislative chamber(s) , Second chamber selection , First chamber selection

    Term length for first chamber , Structure of legislative chamber(s) , Size of first chamber , Secret ballot , Claim of universal suffrage , First chamber selection

    Scheduling of elections , Emergency provisions Eligibility for first chamber , Minimum age for first chamber First chamber selection First chamber selection

    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 results of the parliamentary elections have been officially announced. The first meeting of Parliament is called by the President. Parliament shall be authorised to start work at the first meeting if the majority of the total number of the Members of Parliament is present at the meeting. Parliament shall acquire full powers once this is acknowledged by two thirds of the Members of Parliament. The powers of the previous Parliament shall be terminated from this moment.

    Article 39. Member of the Parliament of Georgia

      A Member of the Parliament of Georgia is a representative of all Georgia. He/she shall enjoy a free mandate and shall not be recalled.
    Immunity of legislators Compensation of legislators , Immunity of legislators Outside professions of legislators , Reference to art Removal of individual legislators , Constitutional court powers
    1. submits a personal application for terminating his/her powers to Parliament;
    2. holds a position incompatible with his/her status or is engaged in an incompatible activity;
    Attendance by legislators Leader of first chamber

    Article 40. Chairperson and deputy chairpersons of the Parliament of Georgia

    1. The Parliament of Georgia shall elect the Chairperson for its term by a majority of the total number of its members by secret ballot, in accordance with the procedures established by the Rules of Procedure. The Chairperson of Parliament shall chair the work of Parliament, ensure the free expression of opinion, sign the acts adopted by Parliament, and exercise other powers determined by the Rules of Procedure. The Chairperson of Parliament shall fulfil full administrative functions in the House of Parliament in accordance with the procedures established by the Rules of Procedure.
    2. The Parliament of Georgia shall elect a first deputy chairperson and deputy chairpersons for its term by a majority of the total number of its members in accordance with the procedures established by the Rules of Procedure.
    Legislative committees

    Article 41. Parliamentary Bureau, committees and factions

    1. To organise the work of Parliament, a Parliamentary Bureau shall be established and shall be composed of the chairperson and deputy chairpersons of Parliament and the chairpersons of the parliamentary committees and parliamentary factions.
    2. Committees shall be created in Parliament to prepare legislative issues beforehand, facilitate the implementation of decisions and exercise control over the activities of the bodies accountable to the Government and Parliament.
    3. Members of Parliament may join a parliamentary faction in accordance with the procedures established by the Rules of Procedure. The number of faction members shall not be fewer than seven. Members of Parliament elected following their nomination by one political party may form only one faction. The procedures for the forming and activity of factions and their rights shall be determined by the Rules of Procedure of Parliament.

    Article 42. Investigative and other temporary commissions of Parliament

    1. Investigative or other temporary commissions shall be created in Parliament in cases provided for by the Rules of Procedure, as well as on the initiative of at least one fifth of the Members of Parliament.
    2. Decisions on creating a temporary commission shall be adopted by Parliament in accordance with the procedures established by the Rules of Procedure. Decisions on creating a temporary investigative commission shall be adopted with the support of one third of the total number of the Members of Parliament. Parliamentary factions shall be represented in a temporary commission by at least one member. The representation of opposition factions in temporary commissions shall not be less than half of the total number of commission members.
    3. At the request of the investigative commission, members' attendance and the submission of all documents and information necessary to examine the issue shall be mandatory.
    Legislative oversight of the executive

    Article 43. Questions and interpellations by a Member of Parliament

    1. A Member of Parliament shall be entitled to appeal with a question to the Government, another body accountable to Parliament, a member of the Government, state bodies of the territorial units at all levels, and state institutions. Providing a timely and full response to a question posed by a Member of Parliament is mandatory.
    2. A parliamentary faction - a group of at least seven Members of Parliament - shall have the right to pose a question through interpellation to the Government, another body accountable to Parliament, or a member of the Government obliged to answer questions at Parliament sittings. The answer may become a subject of discussion by Parliament.

    Article 44. Sessions and sittings of Parliament

    Length of legislative sessions Extraordinary legislative sessions Emergency provisions Public or private sessions Secrecy of legislative votes Legislative oversight of the executive , Legislative committees

    Article 45. Law making and procedures for decision-making

    Legislative initiatives by citizens , Initiation of general legislation , Legislative committees , Subsidiary unit government

    Organic laws Approval or veto of general legislation

    Article 46. Signature and promulgation of a law

    1. A law passed by Parliament shall be submitted to the President of Georgia within 10 days.
    2. The President of Georgia shall sign and promulgate the law or return it to Parliament with justified remarks within 2 weeks.
    Veto override procedure Veto override procedure Constitution amendment procedure Treaty ratification , International law

    Article 47. International treaties

    1. The Parliament of Georgia shall ratify, denounce and annul international treaties by a majority of the total number of its members. Parliament shall ratify, denounce and annul international treaties provided for by paragraph 2(c) of this article by a majority of at least three fourths of the total number of its members.
    2. Besides those international treaties that envisage ratification, it shall also be mandatory to ratify international treaties that:
      International organizations Accession of territory Constitutional court powers

      Head of state removal , Supreme/ordinary court judge removal , Head of government removal , Central bank , Constitutional court powers , Cabinet removal

      Article 48. Impeachment

      1. No less than one third of the total number of the Members of Parliament shall have the right to raise the question of impeachment of the President of Georgia, a member of the Government, a judge of the Supreme Court, a General Prosecutor, a General Auditor or a member of the Board of the National Bank if the actions of the official in question violate the Constitution or contain signs of crime. Such cases shall be transferred to the Constitutional Court, which shall consider the case and submit its conclusion to Parliament within 1 month.
      2. If the Constitutional Court's conclusion confirms a violation of the Constitution or signs of crime by the official in question, Parliament shall discuss and vote on the impeachment of the official within 2 weeks from the submission of the conclusion.
      3. The President of Georgia shall be considered impeached if this decision is supported by at least two thirds of the total number of the Members of Parliament. A member of the Government, a judge of the Supreme Court, a General Prosecutor, a General Auditor or a member of the Board of the National Bank shall be considered impeached if this decision is supported by a majority of the total number of the Members of Parliament.
      4. If Parliament does not decide on impeachment within the time frame established by paragraph 2 of this article, initiating an impeachment procedure on the same grounds shall be inadmissible.
      5. Officials listed in this article, except members of the Government, shall only be removed from office by means of impeachment.
      Emergency provisions

      Chapter Four. President of Georgia

      Article 49. Status of the President of Georgia

      Name/structure of executive(s) Designation of commander in chief Foreign affairs representative Head of state selection

      Article 50. Procedures for electing the President of Georgia

      Head of state term limits , Head of state term length Minimum age of head of state , Eligibility for head of state Electoral commission , Subsidiary unit government , Municipal government Emergency provisions

      Article 51. Oath, termination of the term of office, immunity, conflicts of interest and succession of the President of Georgia

      Oaths to abide by constitution , God or other deities

      Prior to assuming office, on the third Sunday after the election day, the newly elected President of Georgia shall address the people and take the following oath of office:

      'I, the President of Georgia, do solemnly affirm before God and the nation that I will support and defend the Constitution of Georgia, the independence, unity and indivisibility of the country; that I will faithfully perform the duties of the President, will care for the security and welfare of the citizens of my country and for the revival and might of my nation and homeland.'

      Head of state immunity Head of state replacement

      Article 52. Powers of the President of Georgia

      Head of state powers

      International law , International organizations , Treaty ratification , Foreign affairs representative

      Electoral commission , Establishment of judicial council Power to pardon International law , Referenda Legislative oversight of the executive

      Article 53. Countersignature

      Head of government powers Dismissal of the legislature

      Central bank , Electoral commission , Constitutional court selection , Establishment of judicial council , Head of government selection

      Establishment of cabinet/ministers

      Chapter Five. Government of Georgia

      Article 54. Government

      1. The Government of Georgia is the supreme body of executive power that implements the domestic and foreign policies of the country.
      2. The Government shall be accountable and responsible to the Parliament of Georgia.
      3. The Government shall consist of a Prime Minister and ministers.
      4. A Ministry shall be established to ensure the administration of state policy and governance in the field of activity of the Government; a Ministry is led by a Minister.
      5. One or several State Ministers may be represented in the Government. The office of a State Minister may be introduced by law in order to fulfil state objectives of particular importance.
      Eligibility for cabinet , Head of government's role in the legislature

      Article 55. Prime Minister of Georgia

      Name/structure of executive(s) Treaty ratification , Foreign affairs representative , International law Cabinet removal , Cabinet selection Legislative oversight of the executive Dismissal of the legislature , Head of government replacement

      Article 56. Vote of confidence

      1. Upon the recognition of the full powers of the newly elected Parliament, the Government shall relinquish its authority to Parliament and continue to perform its duties until a new Prime Minister is appointed. In case of the resignation of the Prime Minister, the authority of the Prime Minister is terminated upon his/her resignation. In case of the resignation of the Prime Minister or the termination of his/her authority otherwise, the Government shall continue to act until a new Prime Minister is appointed.
      2. Within 2 weeks after the Government relinquishes its authority, as well as after the resignation of the Prime Minister or the termination of his/her authority otherwise, Parliament shall hold a vote of confidence in the Government proposed by a candidate for the office of Prime Minister nominated by the political party that secured the best results in the parliamentary elections. A Government programme shall be presented to Parliament together with the composition of the Government. A majority of the total number of the Members of Parliament is required to pass a vote of confidence.
      3. If Parliament's vote of confidence in the Government is not passed within the established time frame, the President of Georgia shall dissolve Parliament no earlier than 2 weeks and no later than 3 weeks after the respective time frame has expired, and shall call extraordinary elections of Parliament.
      4. The President of Georgia shall not dissolve Parliament and shall not call extraordinary elections of Parliament if, within 2 weeks from the expiry of the time frame set forth in paragraph 2 of this article, Parliament passes by a majority of the total number of its members a vote of confidence in the Government proposed by a candidate for the office of Prime Minister nominated by more than one third of the total number of the Members of Parliament.
      5. Within 2 days of a vote of confidence in the Government, the President of Georgia shall appoint a Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed.
      Head of government removal , Head of government replacement , Cabinet removal

      Article 57. Vote of no confidence

      1. Parliament shall be entitled to hold a vote of no confidence in the Government.
      2. A vote of no confidence in the Government shall be held if the motion is proposed by more than one third of the total number of the Members of Parliament. Together with a no confidence motion, the initiators shall nominate a candidate for the office of Prime Minister, and the candidate for the office of Prime Minister shall propose a new composition of the government to Parliament. A Government programme shall be presented to Parliament together with the composition of the Government.
      3. If Parliament passes a vote of confidence in a new Government by a majority of the total number of its members no earlier than 7 days and no later than 14 days after proposing the motion, a vote of no confidence shall be considered passed. Within 2 days after a vote of confidence in the new Government has been passed, the President of Georgia shall appoint a Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President of Georgia does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed. The authority of the Government shall be terminated once a new Prime Minister is appointed.
      Limits on removing head of government Dismissal of the legislature , Cabinet removal

      Article 58. Vote of confidence on the initiative of the Prime Minister

      1. The Prime Minister shall have the right to present to Parliament an issue of confidence in the Government.
      2. An issue of confidence shall be put to vote no earlier than the 7th day and no later than the 14th day after it has been presented. If the Government fails to achieve a vote of confidence from Parliament, the President of Georgia shall, no earlier than the 8th day and no later than the 14th day after the vote, dissolve Parliament and call extraordinary parliamentary elections.
      3. The President of Georgia shall not dissolve Parliament if, within 7 days after voting against a vote of confidence in the Government, Parliament passes by a majority of the total number of its members a vote of confidence in the Government proposed by a candidate for the office of Prime Minister nominated by more than one third of the total number of the Members of Parliament. A Government programme shall be presented to Parliament together with the composition of the Government. Within 2 days of the vote of confidence in the new Government, the President of Georgia shall appoint the Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President of Georgia does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed. The authority of the Government shall be terminated once a new Prime Minister is appointed.