The Law of Georgia On Non-Military, Alternative Labour Service

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The Law of Georgia
On Non-Military, Alternative Labour Service
Proceeding from the conventional international principles of human rights and according to the rights
guaranteed by the Constitution of Georgia, - freedom of conscience, religion and beliefs - this Law shall
regulate legal relations connected with performance by the citizens of Georgia of conscription in the form
of non military, alternative labour service.
Chapter I. - General provisions
Article 1. Purpose of the Law
On the basis of the Universal Declaration of Human Rights this Law shall determine non military,
alternative labour service as the reasonable and humane compromise between the free expression of ideas,
freedom of conscience, religion, beliefs and military duty.
Article 2. Legislation of Georgia on non military, alternative labour service
The legislation of Georgia concerning non military, alternative labour service consists of the Constitution
of Georgia, this Law and other normative acts.
Article 3. Non military, alternative labour service
1. Non military, alternative labour service shall be socially useful civil service replacing military service
and based on a substantiation of refusal from the performance of conscription in the form of military
service grounded on the freedoms of conscience, religion and beliefs.
2. Non military, alternative labour service, by its character, shall correspond to difficulties existing in
military service. Its duration shall exceed the duration of military service established by the legislation on
military service on call.
3. Call-up for non military, alternative labour service shall be performed by the State Commission on Callup of Citizens for Non Military Alternative Labour Service.
4. The citizens involved in non military, alternative labour service may, with their family, use privileges
established by the legislation for military servicemen.
5. Terms of non military, alternative labour service shall be included in the general and special labour
length of service of the citizens. The citizen’s social protection at performing of non military, alternative
labour service shall be provided by the legislation.
Article 4. Citizens who are to be sent to non military, alternative labour service
In the peace-time and according to the legislation of Georgia, a citizen shall be sent to non military,
alternative labour service if, due to reasons of conscience, religion or belief, he refuses to participate in
military service.
Article. 5. Types and places of performing non military, alternative labour service
1. Citizens shall perform non military, alternative labour service in the following special non military
labour formations, in groups or individually:
а) rescue, ecological, fire-prevention or other special non military labour formations;
b) engineering, repair organisations and facilities of civil purpose;
c) organisations and facilities making agricultural production;
d) establishments of public service;
DCAF-Security Sector Laws of Georgia
e) establishments of health protection.
2. Assignment of the citizens by the State Commission on the Call-up of Citizens for Non Military,
Alternative Labour Service to care for aged persons, invalids, persons without any care, and, according to
the legislation, other socially unprotected persons, shall be considered as non military, alternative labour
service.
3. Citizens of Georgia involved in non military, alternative labour service may participate in other services
or non military labour formations, the list of which shall be approved by the President of Georgia. The
citizens involved in non military, alternative labour service may participate in engineering, agricultural and
other subdivisions of the Armed Forces of Georgia at the corresponding civil position. (05.12.2000)
4. Upon the decision of the President of Georgia, the citizens participating in non military, alternative
labour services may be occupied in works of liquidation of the consequences of natural disasters, in
seasonal works during harvesting and other works of a non military character.
5. The nature and location of non military, alternative labour service work shall be established by the State
Commission on the Call-up of Citizens for Non Military, Alternative Labour Service, according to
corresponding requirements submitted by the interested organisations. The competence of the Commission
shall be determined by this Law and, according to it, by the Provision of the State Commission on the Callup of Citizens for Non Military, Alternative Labour Service confirmed by the President of Georgia.
6. Citizens involved in non military, alternative labour service shall be given the corresponding document
in which the work and location of non military, alternative labour service shall be specified.
Article 6. The Term of non military, alternative labour service
1. The term of non military, alternative labour service shall be:
a) for persons with a higher education-18 months;
b) for persons without a higher education-24 months. (18.05.2002 N 1468)
2. Beginning of the term of non military, alternative labour service shall be the date specified in the order of
the Minister of Labour, Health and Social Protection of Georgia. (05.12.2000)
Chapter II. - Sequence of replacement of military service with non military, alternative labour
service
Article 7. Application on replacing of military service with non military, alternative labour service
A citizen who shall perform his/her military duty but has pertinent reason(s), as stipulated by this Law, to
not participate in military service, shall submit an application form to the Military Forces of Georgia at the
regional/city Military Draft Commission within 10 days of the announcement of the military call-up by the
President of Georgia.
Article 8. Consideration of the application by the Military Draft Commission
1. The regional (city) Military Draft Commission shall prove the private affairs of the conscript and on
demand, obtain materials confirming the viability of the application.
2. The applicant shall be entitled to be present at the session of the commission and to prove his
considerations.
3. The regional (city) Military Draft Commission shall be obliged within 20 days to consider the
application of the citizen and to take the corresponding decision, which along with the private dossier shall
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be sent to the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service for
the final conclusion.
4. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall take
a decision within one month after receiving the application, personal dossier and the decision of the
regional (city) Military Draft Commission.
5. The Minister of Labour, Health and Social Protection of Georgia, on the basis of the conclusion of the
State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall take the
decision on the call-up of citizens for non military, alternative labour service and, in the case of refusal,
issue a corresponding order.
6. If the Commission satisfies the request of the applicant, and the Minister of the Labour, Health and
Social Protection issues the corresponding order, the applicant shall be registered for non military,
alternative labour service. (5.12.2000)
Article 9. Regional (city) Military Draft Commission
The regional (city) Military Draft Commission shall assess the private dossier of the citizens.
Article 10. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour
Service
1. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall:
а) provide for the transfer of the citizens to the work place specified by the Commission for
performance of non military, alternative labour service;
b) provide for the call-up of citizens for non military, alternative labour service;
c) supervise the organisation of the performance of non military, alternative labour service by the
citizen and control the work of the regional (city) Military Draft Commissions in the sphere of the
call-up, performance and organisation of non military, alternative labour service;
d) according to the requirements submitted by the interested organisations, establish the type of
work and place where the citizens shall perform non military, alternative labour service;
e) allocate places of non military, alternative labour service;
f) consider applications and complaints of citizens submitted from the regional (city) Military
Draft Commissions;
g) take decisions on questions of its competence;
h) on the basis of the application of the employee of non military, alternative labour service take
decisions on the pre-schedule termination of this service or transfer of the citizens from non
military, alternative labour service to military service.
2. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall be
entitled to offer to the ministries and institutions and also to the enterprises, organisations and
establishments of Georgia (irrespective of the type of property) the labour power for the performance of
non military, alternative labour service.
3. The Ministries and departments and also enterprises, organisations and establishments of Georgia
(irrespective of the type of property), if there is an interest, shall be obliged to give annually to the State
Commission on the Call-up of Citizens for Non Military, Alternative Labour Service the corresponding
data on the amount of free workplaces for the performance of non military, alternative labour service.
Article 10. Department of non military, alternative labour service.
1. Department of Non Military, Alternative Labour Service (below-Department) shall provide for the
realisation of work and decisions taken by the State Commission on the Call-up of Citizens for Non
Military, Alternative Labour Service.
DCAF-Security Sector Laws of Georgia
2. The Department shall be under the jurisdiction of the State and shall be subordinated to the Ministry of
Labour, Health and Social Protection of Georgia, powers of which and the main field of activity shall be
determined by this Law, the corresponding order of the President of Georgia, order of the Minister of
Labour, Health and Social Protection of Georgia and the Provision of the Department. (18.05.2002 N 1468)
Article 11. Settlement of disputable questions
The citizens, who’s application on non military, alternative labour service are rejected, may appeal, within
a 10 days term, in the court against the decision of the Minister of Labour, Health and Social Protection of
Georgia. (5.12.2000) The court shall be obliged to consider the issue in a ten-days term and take a decision
on the leaving in force or the termination of the Minister’s decision. (5.12.2000)
Chapter III. - Performance of non military, alternative labour service
Article 12. Call-up of citizens for non military, alternative labour service
1. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall
register the persons who are to be sent to non military alternative labour service and give them the
document on the call-up, in which the place of performance of non military, alternative labour service and
the date of its start shall be specified.
2. Citizens participating in non military, alternative labour service, may be directed to the corresponding
educational institution for professional training. Time of training shall be considered as non military
service.
3. Administration of the enterprise, organisation or establishment, which directed the corresponding
requirement to the State Commission on the Call-up of Citizens for Non Military, Alternative Labour
Service, shall have no right to refuse a citizen who has the call-up document, provided by the Commission.
4. On the basis of the corresponding decision of the State Commission on the Call-up of Citizens for Non
Military, Alternative Labour Service, the Department shall conclude a contract with the interested
enterprise, organisation or establishment on job placement of the citizens performing non military
alternative labour service. (18.05.2002 N 1468)
Article 13. Order of performance of non military, alternative labour service
The order of performance of non military, alternative labour service shall be determined by this Law and by
the Provision approved by the President of Georgia.
Article 14. Rights of the citizens performing non military, alternative labour service
1. Citizens performing non military, alternative labour service shall enjoy all rights stipulated by the
Constitution of Georgia.
2. As a rule, the citizens shall perform non military, alternative labour service according to their place of
residence.
3. Citizens performing non military, alternative labour service shall have no right to hold a supervising or
materially responsible position, to demand higher wages from an administration or to participate in strikes.
4. Without the co-ordination of the State Commission on the Call-up of Citizens for Non Military,
Alternative Labour Service, an administration shall have no right to release or transfer the employee
participating in non military, alternative labour service to another work.
Article 15. Responsibility of participants of non military, alternative labour services
DCAF-Security Sector Laws of Georgia
In the case of a law violation, a citizen performing non military alternative labour service shall bear the
responsibility according to the legislation of Georgia.
Article 16. Responsibility for evasion from non military, alternative labour service
1. Evasion of the employee of non military, alternative labour service from non military, alternative labour
service, termination of service, leaving the workplace without a valid reason, absence during assignment,
transfer, business trip, return from holiday or from hospital, shall be punished by double the number of
days missed. The administration, enterprise, organisation or establishment where the citizen participates in
non military service shall be entitled to register this decision with the co-ordination of the State
Commission.
2. For regular infringements of the labour discipline the administration may prolong the term of performing
of non military, alternative labour service for 3 months. The administration shall notify the State
Commission of this decision within 10 days.
Article 17. Ending or pre-schedule termination of non military, alternative labour service
1. When the established term of non military, alternative labour service is finished, the citizen shall leave
the service and shall be enlisted in the reserve of non military, alternative labour service.
2. Citizen who is released from non military, alternative labour service, shall be obliged within 5 days after
expiry of the term, to arrive to the corresponding regional (city) Military Draft Commission for the
registration. The Military Draft Commission shall make the corresponding record in his registration card.
3. Citizen participating in non military, alternative labour service may be dismissed ahead of schedule for
reasons, which according to the legislation, shall be valid for a pre-scheduled dismissal from military
service, or, on the basis of the personal application whereby a citizen may be transferred from non military,
alternative labour service to military service. While transferring from non military, alternative labour
service to military service, the term passed in non military, alternative labour service shall not be included
in the length of military service.
Article 18. Service in the reserve
1. Citizen participating in non military, alternative labour service shall be registered in the reserve up until
50-years of age.
2. Citizen participating in non military, alternative labour service and enlisted in the reserve may be called
for works on liquidation of sequels of natural disasters and failures, and also at the proclamation of
mobilisation or an emergency situation. Term of the call-up shall be defined by the corresponding
normative act.
Chapter IV. - Final provisions
Article 19. Enforcement of the Law
This Law shall enter into force from January 1, 1998
Article 20. Normative acts, which become invalid with the adoption of this Law
With the adoption of this Law, the following shall be considered invalid:
а) Decision of a Supreme Soviet of the Republic Georgia ‘Оn Entering into Force of the Law of
Republic of Georgia “Оn Non Military, Alternative Labour Service” of June 14, 1991 (The
Gazette of the Supreme Council of Georgia, 1991, No. 6, art. 435);
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b) Law of Georgia “Оn Non Military, Alternative Labour Service” of June 14, 1991 (The Gazette
of the Supreme Council of Georgia, 1991, No. 6, art. 436);
c) Decision of a Supreme Soviet of Georgia “Оn Enforcement of the Temporarily Provision on
Performance of Non Military, Alternative Labour Service by the Citizens” of June 14, 1991 (The
Gazette of the Supreme Council of Georgia, 1991, No. 6, art. 437);
d) Temporary Provision “On Performance of Non Military, Alternative Labour Service by the
Citizens” (The Gazette of the Supreme Council of Georgia, 1991, No. 6, art. 438).
Article 21. Normative acts to be issued
To ask the President of Georgia to approve until January 1, 1998:
1. Provision of the State Commission on the Call-up of Citizens for Non Military, Alternative Labour
Service and the structure of the commission;
2. Provision on Performance of Non Military, Alternative Labour Service. (5.12.2000)
President of Georgia
Tbilisi
October 28, 1997
No. 1012
Eduard Shevardnadze
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