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THE CONSTITUTION
OF GEORGIA
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CHAPTER
ONE
General Provisions
Article 1
- Georgia is an independent,
unified and indivisible law-based state, ratified by the
referendum carried out on March 31, 1991 throughout the territory
of the country, including the Autonomous Soviet Socialist Republic
of Abkhazia and the former autonomous district of South Ossetia
and further adduced by the act of April 9th, 1991 restoring the
independence of the Georgian state.
- The form of political
order of Georgia is a democratic Republic.
- "Georgia" is the
name of the Georgian state.
Article 2
- The territory of the
Georgian state is determined by the circumstances of the country
on December 21st, 1991. The territorial integrity of Georgia and
the inviolability of state borders is confirmed and recognized by
the Constitution and the laws of Georgia and also by the
international community and international organizations.
- The alienation of the
territory of Georgia is forbidden. Changes to the state borders
are possible only through bilateral agreement with neighboring states.
- The internal territorial
arrangement of Georgia is determined by the Constitution on the
basis of the principle of division of power after the full
restoration of the jurisdiction of Georgia over the whole
territory of the country.
- The citizens of Georgia
regulate matters of local importance through local self-government
as long as it does not encroach upon national sovereignty. The
procedure for the creation of self-governing bodies and their
powers and relationship with stat e bodies, is determined by
organic law.
Article 3
- The Georgian supreme
national bodies have exclusive power to administer:
- legislation on
Georgian citizenship, human rights and freedoms, emigration
and immigration, entrance to and departure from the country,
temporarily or permanently resident foreign nationals and
stateless persons, within the territory of Georgia;
- the status and
administration of boundaries and their protection; the status
of territorial waters, airspace, the continental shelf and
special economic zones and their defense;
- national defense and
security; military forces, military/ industrial production and
the arms trade;
- the issues of war and
cessation of hostilities; the determination of the existence
of and the introduction of a state of emergency or martial
law;
- foreign policy and
international relations;
- custom and tariff
regimes and foreign trade;
- state finances and
state loans; the minting of money; legislation on banking,
credit , insurance and taxes;
- standards and
measurements; geodesy and cartography; time and state
statistics;
- a unified system of
energy; communications; the merchant fleet; flags of ships; harbors
of state importance; airports and airfields; the
control of airspace; transit and air transport; registration
of air transport; meteorological services and a system of
environmental protection;
- railways and roads of
importance to the whole state;
- k. fishing in oceans
and the high sea;
- boundary-sanitary
cordon;
- legislation on
pharmaceutical medicines;
- certification and
accreditation of secondary and high schools, legislation on
academic, scientific and professional titles and honors;
- legislation on
intellectual property;
- legislation on trade,
criminal law, civil law, administrative and labor law;
legislation on a criminal procedure and other legal
proceedings;
- police and criminal
investigation;
- legislation on land,
minerals and natural resources.
- Matters relating to joint
federal administration will be determined separately.
Article 4
- When conditions are
appropriate and self-government bodies have been established
throughout the territory of Georgia, Parliament shall be formed
with two chambers: the Council of the Republic and the Senate.
- The Council of Georgia
consists of members elected by proportional representation.
- The Senate consists of
members elected from Abkhazia, Adjaria and other territorial units
of Georgia as well as five members appointed by the President.
- The composition, powers
and procedures for election to the chambers are determined by
organic law.
Article 5
- The people are the sole
source of state power in Georgia. State power is only exercised
within the framework of the Constitution.
- Power is exercised by the
people through referendum, their representatives and other
democratic forms.
- No individual or group of
individuals has the right to seize or unlawfully take state power.
- State power is exercised
and based upon legal state principles.
Article 6
- The Constitution is the
supreme law of the state. All other legal acts shall be issued in
accordance with the Constitution.
- The legislation of Georgia
corresponds with universally recognized norms and principles of
international law. International treaties or agreements concluded
with and by Georgia, if they do not contradict the Constitution of
Georgia, take precedence over domestic normative acts.
Article 7
The state recognizes and
defends universally recognized human rights and freedoms as eternal
and supreme values. The people and the state are bound by these
rights and freedoms as well as by current legislation for the
exercise of state power.
Article 8
The state language of
Georgia is Georgian; in Abkhazia, Abkhazian is also the state
language.
Article 9
The state recognizes the
special importance of the Georgian Orthodox Church in Georgian
history but simultaneously declares complete freedom of religious
belief and confessions, as well as independence of the church from
the state.
Article 10
Tbilisi is the capital of
Georgia.
Article 11
The State symbols of
Georgia are determined by organic law.
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