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About Georgia

from 30 April, 1999

 

The Constitution of Georgia : General Previsions
General Data
Constitution of Georgia
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THE CONSTITUTION OF GEORGIA
<< Contents Contents Chapter Two >>

CHAPTER ONE
General Provisions

Article 1

  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.
  2. The form of political order of Georgia is a democratic Republic.
  3. "Georgia" is the name of the Georgian state.

Article 2

  1. 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.
  2. The alienation of the territory of Georgia is forbidden. Changes to the state borders are possible only through bilateral agreement with neighboring states.
  3. 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.
  4. 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

  1. The Georgian supreme national bodies have exclusive power to administer:
    1. 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;
    2. 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;
    3. national defense and security; military forces, military/ industrial production and the arms trade;
    4. 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;
    5. foreign policy and international relations;
    6. custom and tariff regimes and foreign trade;
    7. state finances and state loans; the minting of money; legislation on banking, credit , insurance and taxes;
    8. standards and measurements; geodesy and cartography; time and state statistics;
    9. 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;
    10. railways and roads of importance to the whole state;
    11. k. fishing in oceans and the high sea;
    12. boundary-sanitary cordon;
    13. legislation on pharmaceutical medicines;
    14. certification and accreditation of secondary and high schools, legislation on academic, scientific and professional titles and honors;
    15. legislation on intellectual property;
    16. legislation on trade, criminal law, civil law, administrative and labor law; legislation on a criminal procedure and other legal proceedings;
    17. police and criminal investigation;
    18. legislation on land, minerals and natural resources.
  2. Matters relating to joint federal administration will be determined separately.

Article 4

  1. 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.
  2. The Council of Georgia consists of members elected by proportional representation.
  3. The Senate consists of members elected from Abkhazia, Adjaria and other territorial units of Georgia as well as five members appointed by the President.
  4. The composition, powers and procedures for election to the chambers are determined by organic law.

Article 5

  1. The people are the sole source of state power in Georgia. State power is only exercised within the framework of the Constitution.
  2. Power is exercised by the people through referendum, their representatives and other democratic forms.
  3. No individual or group of individuals has the right to seize or unlawfully take state power.
  4. State power is exercised and based upon legal state principles.

Article 6

  1. The Constitution is the supreme law of the state. All other legal acts shall be issued in accordance with the Constitution.
  2. 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.

<< Contents Contents Chapter Two >>
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