The Law of Georgia
On the Defence of Georgia
Chapter I. - General Provisions
Article 1. Sphere of Regulation of the Law
This Law shall define the fundamentals and organisation of defence of Georgia, rights and duties of the
government bodies, enterprises, establishments, organisations, officials and citizens in the sphere of
defence.
Article 2. Fundamentals of Defence
1. Defence of Georgia shall be a combination of political, economic, military, social, legal and other actions
providing protection of the state, its population, territory and the sovereignty of Georgia from an armed
attack.
2. Defence of Georgia shall be a component and one of the major functions of the state security of Georgia.
3. The organisation of defence shall be carried out according to the Constitution of Georgia, legislation and
military doctrine of Georgia.
Article 3. The Organisation of Defence
Defence shall include:
а) legal regulation in the sphere of defence;
b) forecast and assessment of the threat of war;
c) construction, training and readiness of the Military Forces of Georgia;
d) production and development of weapons and military-technical equipment;
e) mobilisation readiness of the economy, state authorities, bodies of local self-government and
government, enterprises, organisations and the population of the country;
f) creation of the mobilisation reserve of material values;
g) planning and implementation of defence activities;
h) equipping of the territory and communications for the purposes of defence;
i) assurance of protection of the state secret;
j) development of the military science;
k) international co-operation for the purpose of the state defence.
Chapter II. - Powers of the supreme state authorities, functions of the enterprises, establishments,
organisations, rights and obligations of citizens of Georgia in the sphere of defence
Article 4. Powers of the Parliament of Georgia in the sphere of defence
1. The Parliament of Georgia shall:
а) define the state policy of Georgia in the sphere of defence;
b) approve the military doctrine of Georgia and the concept of the construction of the Military
Forces of Georgia;
c) pass laws in the sphere of defence;
d) approve the text of the military oath;
e) consider the defence budget and approve it together with the state budget;
f) approve the numerical strength of the Military Forces of Georgia;
g) ratify, denounce and terminate international treaties and agreements on military questions;
DCAF-Security Sector Laws of Georgia
h) control the construction of the Military Forces of Georgia and performance of the legislation of
Georgia in the sphere of defence.
2. The Committee of Defence and Security of the Parliament of Georgia shall carry out the functions
stipulated by the law of Georgia on the “Committees of the Parliament of Georgia”.
Article 5. Powers of the President of Georgia in the sphere of defence
1. According to the Constitution of Georgia, the President of Georgia is the Supreme Commander-in-Chief
of the Military Forces of Georgia.
2. The President of Georgia shall:
а) approve the structure and the army regulations of the Military Forces of Georgia;
b) approve the official flags and banners of the Military Forces of Georgia;
c) confer the state awards and supreme military ranks;
d) in case of an armed attack on Georgia, the President may proclaim martial law and in case of
the presence of corresponding conditions, conclude peace. These decisions shall be submitted to
the Parliament of Georgia for approval within 48 hours;
e) during war, mass disorder or violations of the territorial integrity of the country, in case of a
military coup d’état, armed insurrection, ecological disaster or epidemics, when the state
authorities are deprived of the opportunity to implement their constitutional duties, the President
may proclaim a state of emergency throughout the whole territory of the country, or, in any part
thereof. This decision shall be submitted to the Parliament of Georgia for approval within 48
hours;
f) For the purpose of national defence and in special cases and in the cases prescribed by law, the
decision to bring, use and reassign in the country the armed forces of another country shall be
made by the President. The decision shall be immediately submitted to the Parliament of Georgia
for its approval;
g) conclude international treaties and agreements in the sphere of defence;
h) submit for approval to the Parliament of Georgia the drafts of the country’s military doctrine
and the concept on the construction of its military forces;
i) approve plans on the construction, usage and mobilisation of the Military Forces of Georgia, and
also mobilisation plans of the national economy;
j) approve the country’s military - operating strategies;
k) approve plans of the dislocation of the Military Forces and disposition of military facilities of
Georgia;
l) give orders to the Military Forces of Georgia on conducting the war operations;
m) approve state programs on the development of weaponry and military technical equipment;
n) decide on the proclamation of the mobilisation on the territory of Georgia;
o) approve the civil defence program of Georgia.
Article 6. Functions of the enterprises, establishments, organisations, rights and obligations of
citizens of Georgia in the sphere of defence
Functions of the enterprises, organisations and establishments (despite their submission or form of
property), and also the rights and obligations of citizens of Georgia in the sphere of defence shall be
determined by the legislation of Georgia.
Chapter III. - Purpose, structure and management of the Military Forces of Georgia
Article 7. Purpose of the Military Forces of Georgia
1. Purpose of the Military Forces of Georgia shall be the protection of the independence, sovereignty and
territorial integrity of Georgia, as well as performance of international commitments of Georgia.
DCAF-Security Sector Laws of Georgia
2. Without the consent of the Parliament of Georgia it shall not be admissible to use Military Forces of
Georgia during a state of emergency or for performance of international commitments.
Article 8. Structure of the Military Forces of Georgia
1. The Military Forces of Georgia shall consist of:
а) Armed Forces of Georgia;
b) Border Guards of the State Department of Protection of the State Border of Georgia;
c) Internal Troops of the Ministry of Internal Affairs of Georgia;
d) other armed formations created in established by the legislation order.
2. Armed Forces of Georgia shall consist of:
а) ground forces;
b) military - air forces;
c) armies of antiaircraft defence;
d) military - naval forces. (26.10.2001 No. 1127)
Article 9. The leadership and management of the Military Forces of Georgia
1. The Ministry of Defence of Georgia shall be the body of state management of the Armed Forces of
Georgia and shall be responsible for the training, development and implementation of assigned defensive
tasks. In case of a state of emergency, martial law or mobilisation, the Military Forces of Georgia shall be
managed by the General Headquarters of the Armed Forces, which shall be headed by the Commander-inChief of the General Headquarters. The purpose of the General Headquarters, its tasks, functions, the status
of the Head of the General Headquarters and its duties and responsibilities shall be determined by the
provision approved by the President of Georgia. (26. 10. 2001 No. 1127)
2. The State Department of Protection of the State Border of Georgia is the executive agency which shall
provide the protection and inviolability of the State Border of Georgia on the land, sea, lakes, rivers and the
general ways of international communications.
3. Internal troops of the Ministry of Internal Affairs of Georgia shall be obliged to protect the interests of
the society and the state, the legitimate rights and freedoms of citizens from criminal and other illegal
infringements.
4. Types, structure and the order of management of the Military Forces of Georgia shall be established by
law.
Chapter IV. - Final provisions
Article 10. Enforcement of the Law
This Law shall enter into force upon its promulgation.
Article 11. Normative act becoming invalid with enforcement of this Law
With enforcement of this Law, the Law of the Republic Georgia “On Defence of Georgia” of December
22, 1992 (The Gazette of the Parliament of Georgia, 1992, No. 2, article 94) shall be considered as invalid.
President of Georgia
Tbilisi
October 31, 1997
No. 1030
Eduard Shevardnadze