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About Georgia

from 30 April, 1999

 

The Constitution of Georgia : The Judiciary
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Constitution of Georgia
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THE CONSTITUTION OF GEORGIA
<< Chapter Four Contents Chapter Six >>

CHAPTER FIVE
The Judiciary

Article 82

  1. Judicial power is exercised by Constitutional supervision, the administration of justice and other forms determined by law.
  2. Acts of courts are binding on the whole territory of the country for all state bodies and persons.
  3. The judiciary is independent and its function is exercised only by courts.
  4. Courts make decisions on behalf of Georgia.

Article 83

  1. The legal body for Constitutional supervision is the Constitutional Court of Georgia. Its authority, rights of creation and activity are determined by the Constitution and organic law.
  2. Justice is performed by general courts. Their system and rules of procedure are determined by law.
  3. The creation of military courts is possible in war conditions and only within the system of general courts.
  4. The creation of emergency or special courts is prohibited.

Article 84

  1. A judge is independent in his activity and is subject only to the Constitution and law. Any interference in a judges activities in order to influence his decision is prohibited and punished by law.
  2. The removal of a judge from a case, his preliminary dismissal or transfer to another position is permissible only by law in prescribed circumstances.
  3. No one has the right to make a judge accountable in a particular case.
  4. All acts which restrict the independence of a judge are void.
  5. The repeal, change to or halting of a court decision is possible only by a court by the procedure in accordance to rules determined by law.

Article 85

  1. Cases in court are considered in open sittings. Cases may be closed only as provided by law. Decisions of courts are announced publicly.
  2. Jurisdiction is exercised in the state language. Persons not having command of the legal language of the court are provided with interpreters. In the regions where the population does not have a command of the state language, the state provides tea ching in the state language and explanations of matters pertaining to its jurisdiction.
  3. Legal proceedings are exercised on the base of equality and competition of the parties.

Article 86

  1. A judge must be a citizen of Georgia who has attained the age of thirty, who has high legal education, and at least five years experience in the practice of law.
  2. A judge is appointed for a period of not less than ten years.
  3. The position of a judge is incompatible with any other occupation or remunerative activity, except pedagogical activities. A judge cannot be a member of a political party, or participate in political activities.

Article 87

  1. Judges have personal immunity. Bringing a judge before a criminal court, his detention or arrest, the search of his workplace, car or place of residence without the consent of the Chairman of the Supreme Court is impermissible. In cases where he is caught committing a crime, this should be immediately reported to the Chairman of the Supreme Court. If the Chairman of the Supreme Court does not give his consent, the detained or arrested judge must be released forthwith.
  2. State guarantees the security of a judge and his family.

Article 88

  1. The Constitutional Court of Georgia exercises its authority in accordance with the norms of Constitutional procedure.
  2. The Constitutional Court of Georgia consists of nine judges. Three members of the court are appointed by the President, three members are elected by the Parliament by three fifths of the total number of deputies and three members are appointed by the Supreme Court. The tenure of the members of Constitutional Court is ten years. The Constitutional Court selects the Chairman of the court for a period of five years. Elections of a Chairman for a second term is not permissible.
  3. A member of the Constitutional Court may not be a person who has held the position before.
  4. A member of the Constitutional Court must be a citizen of Georgia who has attained the age of 35 and has a high legal education. The procedure for selection, appointment and election, release from duties and other activities of Constitutional juries diction are determined by law.
  5. Members of the Constitutional Court have personal immunity. Bringing a member of the Constitutional Court before a criminal court, his detention or arrest, the search of his work place, car or place of residence without the consent of the Chairman o f the Constitutional Court is impermissible. In cases where he is caught committing a crime this should be immediately reported to the Constitutional Court. If the Constitutional Court does not give its consent the detained or arrested member must be released forthwith.

 Article 89

  1. The Constitutional Court of Georgia upon the Complaints or Submission of the President, of not less than one fifth of the Members of Parliament, of the courts, of supreme representative bodies of Abkhazia and Adjaria, of the public defenders or of a citizen and under the rules established by organic law:
    1. decides the Constitutionality of the law, the President's normative acts and the normative acts of the supreme bodies of authority of Abkhazia and Adjaria;
    2. considers disputes on the competence between state bodies;
    3. considers questions of the constitutionality of the creation and activity of political parties;
    4. considers disputes connected with the question of the Constitutionality of referenda and elections;
    5. considers disputes connected with questions of the constitutionality of treaties and international agreements;
    6. on the basis of complaints of citizens, considers questions of the Constitutionality of normative acts on the issues envisaged by the second chapter of this Constitution;
    7. exercises other authorities determined by the Constitution and organic law of Georgia.
  2. The decision of the Constitutional Court is final. Normative acts or their parts recognized as unconstitutional have no legal power from the moment the appropriate decision of the Constitutional Court is published.

Article 90

  1. The Supreme Court of Georgia in accordance with existing legal procedure supervises the enforcement of justice of every court of Georgia, reconsiders cases determined by law in the court of first instance.
  2. The Chairman and judges of the Supreme Court of Georgia, on the President's nomination are elected for a period of not less than ten years by the Parliament by the majority of the total number of deputies.
  3. The authority, organization and procedure of the Supreme Court and the dismissal of the Chairman and judges are determined by law.
  4. The Chairman and members of the Supreme Court have personal immunity. Bringing a member before a criminal court, his detention or arrest, the search of his work place, car or place of residence without the consent of the Chairman of the Supreme Court is impermissible. In cases where he is caught committing a crime this should be immediately reported to Parliament. If Parliament does not give its consent the detained or arrested member must be released forthwith.

Article 91

  1. The procurator's office of Georgia is the institution of the judiciary which performs capital prosecution, supervises investigation, enforces sentences handed down by the courts and prosecutes state indictments.
  2. The procurator's office of Georgia is one, centralized system. The Procurator General is appointed for a period of five years by Parliament upon the President's nomination, by the majority of the total number of deputies. Subordinate procurators are appointed by the Procurator General.
  3. The authority, organization and procedure of the procurator's office is determined by organic law.
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