Law of Georgia on the State of War (1997) (English)

Law of Georgia

on State of War

Article 1.

State of war means declaring extraordinary rules on the territory of the entire country in case of armed attack on Georgia in the interests of defense. State of war shall be declared in accordance with the Georgian Constitution and this Law and is aimed at protecting territorial integrity of the country, state security and public order.

Article 2.

  1. President of Georgia declares state of war on the entire territory of Georgia.
  2. President of Georgia, through media, warns the population on declaring state of war on the entire territory of the country and within 48 hours submits his decision to the Parliament of Georgia for approval. If the Parliament refuses to approve the decision of President, the state of war will be considered cancelled.
  3. In a state of war, President of Georgia issues decrees having a legal force of laws. Such decrees shall be submitted to the Parliament in 48 hours.
  4. In a state of war, decrees issued by President of Georgia restricting human rights and freedoms prescribed in Articles 18, 20, 21, 22, 24, 25, 30, 33 and 41 of the Constitution of Georgia, shall be subject to approval by the Parliament. Text of the decree shall be aired on Georgian radio and television within a day since it has been signed, at least once in every two hours.

Article 3.

  1. An ordinance of the President of Georgia on declaring a state of war shall stipulate grounds for taking such a decision and the term of validity of the state war.
  2. President of Georgia may, with the consent of Parliament, prolong or cancel the state of war.
  3. A decision on declaring, prolonging or canceling a state of war shall become effective from the moment it was taken unless otherwise prescribed by the Georgian legislation and shall be promulgated immediately.
  4. As soon as the state of war is canceled, all decrees of President of Georgia issued in the period of state of war shall become ineffective.

Article 4.

  1. When a state of war is declared, all functions of the executive authorities across the country relating to defense, public order and state security are vested in President, the Commander-in-Chief of the Georgian military forces.
  2. In a state of war, as may be required, the highest executive authorities of Georgia may, within the scope of their competence, take the following measures:
  1. Enforce public order and protection of objects that are necessary for the activity of the population and functioning of economy;
  2. Evacuate citizens from districts where danger to life prevails and provide them with temporary shelters;
  3. Introduce a special entrance and exit regime in areas where state of war is declared;
  4. When circumstances so require, limit the right of citizens and stateless persons to free movement, forbid leaving a living house or other place without prior permission;
  5. Temporarily confiscate firearms, cold steel and ammunition from citizens; temporarily confiscate training weapons and military equipment, explosives, radioactive, strong chemicals and poisonous substances from companies, institutions and organizations;
  6. Prohibit public meetings, demonstrations and manifestations as well as entertainment and sports shows or other mass activities;
  7. Alter production and supply schemes in state-owned companies and organizations; introduce extraordinary working regime for state-owned companies, institutions and organizations and take decisions on other issues of their economic activity;
  8. As may be required from the state of war, replace directors of state-owned companies, institutions, and organizations that are of strategic or vital importance to the population; temporarily forbid voluntary leave by employees of such companies, institutions, and organizations, unless a valid cause is present; restore dismissed persons in their office immediately after the state of necessity is canceled, unless there is a lawful ground for their dismissal.
  9. Use resources of state-owned companies, institutions, and organizations in accordance with the applicable legislation to prevent or eliminate results of the state of war; use private property of natural persons and legal entities only with proper compensation, which will be made after the state of war is over;
  10. Forbid strikes;
  11. Involve citizens who are able to work in the activity of companies, institutions and organizations at an average salary as well as use citizens’ service to eliminate results of the state of war, with a proper guarantee of a safe working environment;
  12. Restrict or forbid trade in firearms, strong chemicals and poisonous substances, alcoholic beverages and substances containing spirit; forbid wearing military uniforms and other equipment without permission;
  13. Introduce quarantine or take other medical and anti-epidemic measures;
  14. Subject media to their control in accordance with procedures prescribed by law;
  15. Introduce special rules on the use of communication facilities;
  16. Restrict movement of vehicles and conduct checks;
  17. Impose a curfew;
  18. Prevent formation of citizens’ armed groups in violation of the Georgian legislation;
  19. Check citizens’ documents in public areas and, when adequate grounds are present, conduct searches of persons and their vehicles.

Article 5.

  1. The highest executive authorities may abrogate any decision made by their subordinate units during a state of war.
  2. The National Security Council of Georgia shall be in charge of coordinating activities relating to prevention and elimination of the state of war results.

Article 6.

In a state of war, directors of companies, institutions and organizations may, when so required, transfer their employees to jobs not prescribed in their employment contracts, without obtaining prior consent from the employees

Article 7.

  1. When a curfew is declared, citizens may not be in the streets or public areas and leave their homes without having personal identification documents and/or formal permits with them.
  2. Police or patrol forces shall detain perpetrators of the rule described in paragraph 1 of this Article until the curfew is over; those who do not have documents with them shall be detained until their identity is determined but the detention period shall not exceed 72 hours. Detained persons may be checked and searched.

Article 8.

Violation of paragraphs (c), (d), (f), (j) and paragraphs (l) to (p) of Article 4 and paragraph 1 of Article 7 shall be the basis for responsibility under law.

Article 9.

By decision of President of Georgia and with the consent of Parliament of Georgia, Georgian military forces acting on the basis of this law and other relevant normative acts may be employed to eliminate the results of state of war, to protect public order and to safeguard safety of citizens.

Article 10.

  1. For the purposes of coordinating, commanding and ensuring consistency of actions of used forces for the elimination of state of war results, President of Georgia may, by his decree, set up temporary bodies and/or appoint a representative of President and/or a commandant at the proposition of the National Security Council in the state of emergency area.
  2. The representative of President of Georgia/commandant may issue orders to enforce normative acts of President to regulate issues relating to the state of emergency regime as described in this Law.

Article 11.

In a state of war, President of Georgia may invite experts who are able to provide assistance in eliminating results of the state of war.

Article 12.

  1. In a state of war, Parliament of Georgia may establish military tribunals.
  2. In a state of war, Parliament of Georgia shall be entitled to alter, in certain areas, territorial jurisdiction of courts on criminal and civil cases determined by law.

Article 13.

  1. In a state of war or to prevent a state of war, the State shall provide citizens who incurred damages in the course of preventive or elimination measures with shelters, compensate material damages, assist in finding a job and render other aid.
  2. President of Georgia determines procedures relating to providing shelter, material compensation and other assistance.

Article 14.

  1. While a state of war is declared, if in certain authorities are not able to function properly, President of Georgia may by his decree, based on the Georgian legislation, create a temporary government until the final cancellation of the state of war.
  2. Where circumstances referred to in paragraph 1 of this Article are the case, competence of appropriate authorities shall be temporarily suspended and a body or a person appointed by President of Georgia will be vested with the powers of official authority. The body or the person appointed by President, acting within its/his competence and on the basis of legislation, shall be entitled to:
    1. Use measures described in Article 4;
    2. Temporarily function as bodies of local governance;
    3. Submit proposals regarding state, economic and social issues to the highest executive authorities;
    4. Place state-owned companies, institutions and organizations in state of emergency areas under their subordination, in accordance with rules determined by President.

Article 15.

The Ministry of Foreign Affairs of Georgia shall immediately notify the Secretary General of the United Nations of declaration or cancellation of the state of war.

Article 16.

  1. This Law shall become effective from the moment of its promulgation.
  2. Law of Republic of Georgia on Military Regime of December 24, 1992 shall become void (Official Gazette of the Parliament of Georgia, 1992, #2, Article 103).

President of Georgia

Tbilisi

October 31, 1997

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