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Constitution of Georgia (1995, as amended 2005) (excerpts related to elections) (English)
THE CONSTITUTION
OF GEORGIA
Adopted on 24 August 1995
Last amendment 27.12.2005, # 2496
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 people,
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.
CHAPTER ONE
General Provisions
Article 2
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4. The citizens of Georgia shall regulate the matters of local importance through local self-government without the prejudice to the state sovereignty. The office of the superiors of the executive bodies and a representative office of local self-government shall be electoral. The procedure of the creation of the bodies of local self- government, their authority and relation with state bodies shall be determined by the Organic Law. (6.02.2004, # 3272)
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Article 4
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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 Georgia and five members appointed by the President of Georgia. (added by the Constitutional Law of Georgia of 20 April 2000)
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 Georgia. The state authority shall be exercised within the framework established by the Constitution.
2. The people shall exercise their authority through referendum, other forms of direct democracy and their representatives.
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CHAPTER TWO
Georgian Citizenship.
Basic Rights and Freedoms of Individual
Article 12
1. Georgian citizenship shall be acquired by birth and naturalisation.
2. A citizen of Georgia shall not at the same time be a citizen of another state, save in cases established by this paragraph. Citizenship of Georgia shall be granted by the President of Georgia to a citizen of foreign country, who has a special merit before Georgia or grant the citizenship of Georgia to him/her is due to State interests. (6.02.2004.N3272)
3. The procedure for the acquisition and loss of citizenship shall be determined by the Organic Law.
Article 13
1. Georgia shall protect its citizen regardless of his/her whereabouts.
2. No one shall be deprived of his/her citizenship.
3. The expulsion of a citizen of Georgia from Georgia shall be impermissible.
4. The extradition/transfer of a citizen of Georgia to the foreign state shall be impermissible, except for the cases prescribed by international treaty. A decision on extradition/transfer may be appealed in a court.
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.
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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.
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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 and Ministry of Internal Affairs, has the right to public assembly without arms either indoors or outdoors without prior permission. (23.12.2005, # 2494)
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 Georgia shall have the right to form a political party or other political association and participate in its activity in accordance with the Organic Law.
3. The formation and activity of such public and political associations aiming at overthrowing or forcibly changing the constitutional structure of Georgia, infringing upon the independence and territorial integrity of the country or propagandising war or violence, provoking national, local, religious or social animosity, shall be impermissible.
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 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. (23.12.2005, # 2494)
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 Georgia who has attained the age of 18 shall have the right to participate in referendum or elections of state and self-government bodies. Free expression of the will of electors shall be guaranteed.
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 Georgia shall have the right to hold any state position if he/she meets the requirements established by legislation.
2. The conditions of public office shall be determined by law.
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Article 38
1. Citizens of Georgia shall be equal in social, economic, cultural and political life irrespective of their national, ethnic, religious or linguistic belonging. In accordance with universally recognised principles and rules of international law, they shall have the right to develop freely, without any discrimination and interference, their culture, to use their mother tongue in private and in public.
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 Georgia.
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.
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CHAPTER THREE
The Parliament of Georgia
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 Georgia shall consist of 100 members of the Parliament elected by a proportional system and 50 members of Parliament elected by a majority system for a term of four years on the basis of universal, equal and direct suffrage by secret ballot. (23.02.2005 #1010)
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. (6.02.2004.N3272)
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. (20.07.1999, # 2221)
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. (6.02.2004.N3272)
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 (prolong) 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. (6.02.2004.N3272)
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.
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Article 53
1. A member of the Parliament shall not be entitled to hold any position in public office or engage in an entrepreneurial activity. The conflict of interests shall be determined by law.
2. In case of a violation of the requirements set out in the preceding paragraph, the office of a member of the Parliament shall be terminated.
3. A member of the Parliament shall receive remuneration as determined by law.
Article 54
1. The Parliament shall decide about the issue of the recognition or pre-term termination of the office of a member of the Parliament. The decision of the Parliament may be appealed to the Constitutional Court.
2. The office of a member of the Parliament shall be pre-term terminated in the following cases:
a. resignation from office by a personal application;
b. a final judgment of conviction is rendered by a court against him/her;
c. recognition by a court as legally incapable, missing or dead;
d. occupation of a position or engagement in an activity incompatible with the status of a member of the Parliament;
e. loss of Georgian citizenship;
f. failure to participate in the work of the Parliament for a period of four months without a good reason;
g. death.
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CHAPTER FOUR
The President of Georgia
Article 69
1. The President of Georgia shall be the Head of State of Georgia. (6.02.2004.N3272)
2. The President of Georgia shall lead and exercise the internal and foreign policy of the state. He/she shall ensure the unity and integrity of the country and the activity of the state bodies in accordance with the Constitution.
3. The President of Georgia shall be the higher representative of Georgia in foreign relations.
Article 70
1. The President of Georgia shall be elected on the basis of universal, equal and direct suffrage by secret ballot for a term of five years. The same person may be elected the President only for two consecutive terms.
2. Any person may be elected the President of Georgia if he/she is a native-born citizen of Georgia, having the right to vote, has attained the age of 35, has lived in Georgia for at least fifteen years and lives in Georgia by the day on which the election is scheduled.
3. The right to nominate a candidate to the office of the President shall be vested with a political association of citizens or a stirring group. The nomination shall be confirmed by the signatures of not less than 50,000 electors.
4. A candidate shall be deemed to be elected if he/she has obtained more than half of the votes of participants. (6.02.2004.N3272)
5. If election is deemed to be held but none of the candidates obtained the necessary number of votes, the second round of the election shall be held in two weeks.
6. Two candidates having the best results in the first round shall be put to the vote in the second round. The candidate who received more votes shall be deemed to be elected. (6.02.2004.N3272)
7. If the election is declared as failed to be held or is held but only one candidate participated in the first round and he/she did not receive the necessary number of votes or in case of the failure to elect the President in the second round, new election shall be held within two months.
8. No election shall be held in case of a state of emergency or martial law.
9. The first round of regular election of the Presidency shall be held on the second Sunday of April of the fifth year after holding the previous election.
10. The procedure and conditions of the election of the President as well as the inadmissibility to participate in election as a candidate shall be determined by the Constitution and the Organic Law. (added by the Constitutional Law of Georgia of 20 July 1999)
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Article 72
The President of Georgia shall not have the right to hold any other position except for a party position, engage in entrepreneurial activity, receive salary or another permanent remuneration for any other activity. (6.02.2004.N3272)
Article 73
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2. The President shall schedule the date of elections of the Parliament and representative bodies in accordance with the procedure prescribed by law.
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Article 74
1. At the request of the Parliament of Georgia, of not less than 200,000 electors or on his/her own initiative the President of Georgia shall schedule a referendum concerning the issues determined by the Constitution and the Organic Law within 30 days after receiving such a request.
2. The referendum shall not be held with the view of adopting or repealing law, in terms of amnesty or pardon, ratification or denunciation of international treaties and agreements, as well as the issues restricting the basic constitutional rights and freedoms of individuals.
3. Issues related to the scheduling and holding referendum shall be determined by the Organic Law.
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Article 76
1. In case of inability to discharge the authority of the President of Georgia or pre-term termination of his/her office, the President of the Parliament shall exercise the responsibilities of the President of Georgia, whereas in case the President of the Parliament is unable to discharge the authority of the President of Georgia, as well as if the Parliament is dissolved the Prime Minister shall exercise the responsibilities of the President of Georgia. During the period of discharging the authority of the President of Georgia by the President of the Parliament, one of the Vice-Presidents shall perform the duties of the President of the Parliament. During the period of discharging the authority of the President of Georgia by the Prime Minister a member of the Government having the authority of the Vice-Prime Minister shall perform the duties of the Prime Minister. (6.02.2004.N3272)
2. A person acting as the President shall not be entitled to use the rights defined in subparagraphs c) and i) of the first paragraph of Article 73 and the rights defined in the first paragraph of Article 74 and dissolve the Parliament as well. (acquired a new wording by the Constitutional Law of 6 February 2004).
3. The presidential election shall be held within 45 days after the termination of the office of the President. The Parliament shall ensure the holding of election.
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CHAPTER FIVE
Judicial Power
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Article 88
1. The Constitutional Court of Georgia shall exercise the judicial power by virtue of the constitutional legal proceedings.
2. The Constitutional Court of Georgia shall consist of nine judges – the members of the Constitutional Court. Three members of the Constitutional Court shall be appointed by the President of Georgia, three members shall be elected by the Parliament by not less than three fifths of the number of the members of the Parliament on the current nominal list, three members shall be appointed by the Supreme Court. The term of office of the members of the Constitutional Court shall be ten years. The Constitutional Court shall elect the President of the Constitutional Court among its members for a period of five years. The President shall not be re-elected.
3. A member of the Constitutional Court shall not be a person who has held this position before.
4. A member of the Constitutional Court may be a citizen of Georgia who has attained the age of 30 and has the highest legal education. The selection, appointment and election procedure and the issue of termination of the office of the members of the Constitutional Court as well as other issues of the constitutional legal proceeding and the activity of the Constitutional Court shall be determined by law. (27.12.2005, # 2496)
5. A member of the Constitutional Court shall enjoy personal immunity. A member of the Constitutional Court shall not be proceeded, arrested or detained, nor shall his/her apartment, car, workplace or his/her person be subject to search without the consent of the Constitutional Court, except when he/she is caught flagrante delicto, which shall immediately be notified to the Constitutional Court. Unless the Constitutional Court gives its consent to the arrest or detention, an arrested or detained member shall immediately be released.
Article 89
1. The Constitutional Court of Georgia on the basis of a constitutional claim or a submission of the President of Georgia, the Government, not less than one fifth of the members of the Parliament, a court, the higher representative bodies the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara, the Public Defender or a citizen in accordance with a procedure established by the Organic Law: (6.02.2004.N3272)
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d. consider dispute on constitutionality of provisions on referenda and elections as well as dispute on constitutionality of referenda and elections held on the basis of these provisions; (27.12.2005, # 2496)
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2. The judgment of the Constitutional Court shall be final. A normative act or a part thereof recognised as unconstitutional shall cease to have legal effect from the moment of the promulgation of the respective judgment of the Constitutional Court.
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