CONSTITUTION OF
Chapter
I-General Basis
A r t i c l e
A r t i c l e 2.
The capital of
A r t i c l e 3.
The official
language of
A r t i c l e 4.
The flag of
A r t i c l e 5.
The laws and
decrees shall only enter into force after they have been published in the
regular manner.
A r t i c l e 6.
The territory of
the state may neither be ceded, divided, nor sold. The enlargement of the
territory or the rectification of the frontiers which may be contested is only
possible by virtue of low.
A r t i c l e 7.
The administrative
division and the establishment or alteration of the autonomous boundaries
(limits) can only be established by relevant legistature.
A r t i c l e 8.
The Constitution
shall be the supreme low of the state. Any low, any decree, any ordinance, or
decision which is in contradiction with the principles or the spirit of the
constitution can not be promulgated. All the authorities of the state are to
fulfill the constitution and to apply its principles, in the legislative domain
as well as in the administration.
A r t i c l e 9.
The laws and
decrees passed previous to the constitution shall remain in force if they are
not in contradiction to the constitution and its principles.
A r t i c l e 10.
The present
Constitution remains in force permanently and uninterruptedly, except in cases
provided for in the Constitution itself.
A r t i c l e 11.
After the adoption
of the Constitution the Constituent Assembly shall publish it with the
signatures of its members.
Chapter
II – Citizenship
A r t i c l e 12.
The Georgian
citizenship is acquired by birth, by birth, or by naturalization.
A r t i c l e 13.
A Georgian citizen
can not be at the same time the citizen of any other state.
A r t i c l e 14.
A Georgian citizen
can not renounce his nationality except after having fulfilled all his
obligations to the state.
A r t i c l e 15
The detailed
conditions of acquiring and loss of the citizenship shall be determined by law.
Chapter
III – Rights of Citizens
A r t i c l e 16.
All citizens are
equal before the law.
A r t i c le 17.
There is no
distinction of class.
A r t i c l e 18.
No titles, except
degrees of the universities, shall be conferred. Decorations are abolished;
distinctive marks may be conferred by reasons of war.
A r t i c l e 19.
Capital punishment
is abolished.
A r t i c l e 20.
Nobody can be
condemned except by way of the judiciary, with the exception of disciplinary
punishments provided for by law.
A r t i c l e 21.
All citizens are
judged by the same form of procedure.
A r t i c l e 22.
Every person enjoys
individual inviolability. Nobody can be arrested or deprived of his liberty in
any other manner, nor submitted to search except by warrant of court of justice
or by the medium of inquiry.
A r t i c l e 23.
The administration
can only proceed with the arrest on its own initiative on the following cases:
a) When the guilty
person is surprised in the very act
b) When the guilty
person is indicted on the place of the crime by the victim or by witness.
c) When any object
establishing the guilt of the prisoner is found upon his person, or when
incontestable signs or traces of the crime are found upon his person or his
domicile.
A r i c l e 24.
The arrest of culprits
by private individuals is lawful when they surprise him in the very act of
crime and when there is a cause of fear of escape before the arrival of the
agents of the public forces.
A r t i c l e 25.
Any person arrested
by order of the judiciary or administrative forces must be brought before the
nearest court within 24 hours; in cases where the court is too far away in
order to bring a culprit before it within that period, it may be prolonged,
without, however, exceeding 48 hours.
A r t i c l e 26.
The court must
proceed immediately, in no case later than 24 hours to interrogate the
prisoner. After this it may ordain, by written order, either the further
detention of the culprit or his immediate release.
A r t i c l e 27.
The judicial
authorities are obliged , in cases where it happens that a person ahs been
arrested in violation of the abovementioned rules, to look immediately into the
case and to give immediate orders either for his release or to keep him in
custody.
A r t i c l e 28.
The domicile of a
citizen is inviolable, and searches are only authorized in cases provided for
by law.
A r t i c l e 29.
Private
correspondence is inviolable and can only be seized and examined in pursuance
of a judgment of the court.
A r t i c l e 30.
Every citizen has
the right of moving and selecting his own residence; there is no restriction of
this right except by order of the court of justice.
A r t i c l e 31.
Every citizen
enjoys full liberty of conscience. He can not be prosecuted nor have
restrictions brought upon his political or civil rights for reason of his
religion or convictions. Everybody has the right to profess his own religion,
to change same, or not to have any religious creed. No person has the right to
evade his political or civil obligations by calling upon his religion or
convictions except in cases provided by law. The actions of a religious
character modify in no way the civil rights or position of anybody.
A r t i c l e 32.
Every citizen has
the right to express his opinions, to propagate them verbal, by the public
press, or by any other means without previous authority of the government. In
this case he is only responsible to the court of justice for any crime
committed.
A r t i c l e 33 .
The citizens of
A r t i c l e 34.
The administration
has the right to close any meeting if it becomes unlawful.
A r t i c l e 35.
The citizens of the
A r t i c l e 36.
The free development
of the intellectual professions, commercial, industrial and agricultural
pursuits is guarantied by the Republic.
A r t i c l e 37.
The right of
individual or collective petition is assured.
A r t i c l e 38.
Workmen have the
right to strike.
A r t I c l e 39.
The citizens of
both sexes enjoy equal political civil, economical and family rights.
A r t i c l e 40.
Marriage is based
on equal rights and upon mutual consent of husband and wife .The form and rules
of marriage are determined by law. Children born in or out of wedlock have the
same rights and duties. The mother has the right to seek and prove the
paternity of a natural child by way of the courts, and this child by way of the
courts, and this child has the same right to seek and prove the paternity.
A r t i c l e 41.
No fugitive for
political reasons and who takes refugee in this Republic can be extradited.
A r t i c l e 42.
All official and
private persons guilty of infractions of the above lows aimed at the rights of
the citizens will be prosecuted according to the penal code.
A r t i c l e 43.
In case of sedition
within the country or in case of war, parliament has the right to suspend
temporarily the constitutional guaranties contained in articles 19, 22, 225,
26, 27, 28, 29, 30, 32, 33, and 38; in case of war the guaranties contained in
article 21 may also be suspended, provided the accused be not amenable to
justice of a council of war in the military zone. When parliament is not in
session the government has the right on its own responsibility to suspend the
constitutional guaranties above mentioned. But in this case it is obliged to
convoke parliament immediately and to submit its decision.
A r t i c l e 44.
In case of serious
epidemics the government has the right to suspend temporarily the
constitutional guaranties in articles 22, 25, 26, and 30, in so far as this act
is necessary to fight the epidemic.
A r t i c l e 45.
The rights and
guaranties enumerated in the constitution do not exclude other rights and
guaranties, although not yet formulated, but nevertheless run along the
principles established by the constitution.
Chapter
- IV
A r t i c l e 46.
The representative
body of the
A r t i c l e 47.
The rules of a
legislative election are laid down by a special law.
A r t i c l e 48.
Members of
parliament are not held responsible for opinions expressed by them during the
term of their office. The person of a member of parliament is inviolable. He
can neither be arrested nor indicated without consent of parliament. An
exception is made in the case of “flagrante delicto”, which must be brought
immediately to the knowledge of parliament. A member arrested or indicated must
be released immediately if parliament so desires.
A r t i c l e 49.
Members of
parliament may refuse to bear witness about facts which may have been entrusted
to them in their quality of deputies. This right may be invoked even after the
expiration of their term of office.
A r t i c l e 50.
Members of
parliament receive an indemnity fixed by law.
A r t i c l e 51.
The cases of
incompatibility between the office of deputy and the exercise of a public
office or whatsoever profession shall be determined by law.
A r t i c l e 52.
The sovereignty
belonged to the entire nation. Parliament exercises this sovereignty within the
limits fixed by the constitution.
A r t i c l e 53.
Parliament votes on
the laws, decrees, and decisions; the manner of their publication shall be
fixed by a special law.
A r t i c l e
54.
The powers of
parliament are the following.
a) Legislation.
b) Supreme
direction of the army of the Republic and in general of all the armed forces.
c) Declaration of
war.
d) Ratification of
treaties of peace, commerce, or other treaties with foreign powers.
e) The right of
amnesty.
f) Making of the
budget.
g) The right to
make interior or foreign loans.
h) Appointment of
officials as provided by the constitution.
i) General control
of the executive power.
A r t i c l e 55.
The sessions of
parliament are public; but parliament has the right by special decision to hold
entire or partial sessions behind closed doors.
A r t i c l e 56.
Parliament decides itself the
validity of the election of its members and resolves on all questions relative
thereto.
A r t i c l e 57.
All decisions of
parliament are made by a simple majority of votes, unless another modus has
been adopted by law or regulation.
A r t i c l e 58.
The openings of parliamentary
sessions necessitate the presence of at least half of the total number of
Deputies.
A r t i c l e 59.
Parliament has the
right to interpellate the Government and to question it. Interpellations and
questions are subject to rules determined by law or by regulation. Parliament
has the right to nominate commissions of inquiry.
A r t ic l e 60.
The parliament
fixes itself by regulating the procedure of its discussions.
A r t i c l e 61.
The annual sessions
of the parliament begin on the first Sunday of November. The elections for the
renewal of the parliament take place in the autumn, simultaneously in the
entire Republic, and in time to permit the newly elected members to be present
at the opening of parliament.
A r t i c l e 62.
The operations of the
parliament can only be suspended by parliament itself. During the interruptions
in the work of the parliament the right to assemble this latter in
extraordinary cases belong to the Government or to the bureau of the
parliament. The assembly of the parliament is obligatory if one quarter of the
number of deputies desires it.
A r t i c l e 63.
The right of
initiative belongs to:
Any member of
parliament.
a) Any group of
5.000 electors.
b) Any group of 5
000 electons.
A r t i c l e 64.
Parliament is obliged
to submit any new law to a popular referendum if 30.000 electors require it in
writing. The rules of referendum are determined by law.
A r t i c l e 65.
Parliament elects
its bureau yearly.
Chapter V – Executive Power
A r t i c l e
66.
The executive power
belongs to the Government of the Republic.
A r t i c l e 67.
The President of
The Government is elected by the parliament for the period of one year. The
same president can only be reselected once.
A r t i l e 68.
The other
ministers, members of the government are appointed by the President from among
the citizens who have the right to take part in parliamentary elections.
A r t i c l e 69.
Members of the
government may not fill any other office or profession. They may only be
members of parliament or of the councils of self-government.
A r t i c l e 70.
The president of
the government is the supreme representative of the Republic. He appoints the
representatives of
A r t i c l e 71.
The president of
the government has a lieutenant. In the absence of the president his attributes
devolve upon his lieutenant.
A r t i c l e 72.
The general rights
and duties of government are:
a) To assure the
supreme direction of the affairs of the Republic according to its laws.
b) To watch over
the application of the Republic and the execution of its laws.
c) To put before
parliament its plans for laws, as well as its conclusions about plans of laws
emanating from the parliament or from the people.
d) To defend the external
interests of the Republic.
e) To safeguard the
Republic from external dangers and to defend its independence.
f) To insure
security and order in the interior of the country. If unforeseen circumstances require it, to
mobilize the armed forces of the country, but not far any period longer than 21
days. This period can only be prolonged by consent of parliament.
g) To manage the
finances, to issue money according to law, and to submit annually to parliament
a budget of revenue and expenses of the State.
h) To give an
account to parliament of its work and to
submit at least once a year a report about the internal and external situation
of
i) To acquit itself
of all obligations imposed by parliament or by law.
A r t i c l e 73.
The members of the
government share in the directions of the affair of the Republic, which do not
depend directly on the president. Each member of the government directs
independently, and under sole, personal responsibility to parliament, the
department confided to him. He must resign as soon as he loses the confidence
of parliament. A minister has only the right to vote in parliament if he is a
member. The president of the government is responsible to parliament for the
general politics. He is obliged to submit to the decisions of parliament and to
execute the same, if necessary to change the ministers or even to re-form the
entire cabinet.
A r t i c l e 74.
Every member of
government has the right to be present at the sessions of parliament and at the
meetings of special commissions. Parliament, as well as the commissions, is
obliged to listen to the minister if he requires it. On his part the minister
is also obliged to present himself, if required before parliament or
commissions, and to furnish explanations.
A r t i c l e 75.
The president and
the government are responsible, under penalties, for any violation of the
constitution but only the president may indict these before a court of law.
Members of the government are judged as provided for by the common law.
Chapter VI – Justice
A r t i c l e 76.
The supreme court
of
a) To watch over
the strict enforcement of the law.
b) To find out
justice in the capacity of a court of cassation.
A r t i c l e 77.
Civil and criminal
matters and administrative debatable matters belong to the department of
permanent tribunals. The organization, jurisdiction, and competence of these
tribunals are determined by law.
A r t i c l e 78.
The judiciary power
is independent and only obeys the law. Justice is rendered in the name of the
democratic
A r t i c l e 79.
The verdicts
pronounced by the Tribunals can not be annulled, modified, or suspended by any
legislative, administrative, or executive body.
A r t i c l e 80.
The hearings of the
courts are public; in certain cases, where the morale or public security
requires it, courts can be held behind closed doors.
A r t i c l e 81.
All serious matters
belong to the penal jurisdiction, as well as political matters, and offences of
the press are submitted to a jury.
A r t i c l e 82.
Judges are elected
for fixed period. The rules of such elections as well as the conditions to which
the judges have to submit are determined by law.
A r t i c l e 83.
Expect by
determination of the court, judges can not be the object of any change to their
wishes. They can only be temporarily
dismissed, if they are arraigned by justice or if their case is under
consideration. Their definite dismissal can only take place by judgment of the
court.
Chapter VII – Finances of the
State
A r t i c l e 84
No tax can be
instituted or levied if not previously sanctioned by parliament Note. The right
bodies of self-government to levy taxes are determined by special laws.
A r t i c l e 85.
Nobody can be
exempted from the taxes of the state if not sanctioned by law.
A r t i c l e 86.
No sum for retiring
pensions, compensations, or whatsoever expense be deducted from the treasury of
the state except conforming to the law.
A r t i c l e
87.
No loans of state
nor any other financial obligation may be contracted without the authorization
of parliament.
A r t i c l e 88.
All revenues and
all expenses of the state must appear in the budget. The budget must be
presented every year to parliament for its approval.
r t i c l e
89.
If parliament does
not get to voting the budget for the commencement of the budget year, the
government can be authorized by parliament until the approval of the budget to
cover the expenses of the state on the basis of the budget of the previous
year.
A r t i c l e 90.
No transfer of
expenses of one chapter of the budget to another may be made without authority
of parliament.
Chapter VIII – Control of the
State
A r t i c l e 91.
The control of the
State is performed as follows:
a) Rigorous
execution of the budget of the state.
b) All revenues and
expenses of the state.
c) The accounts and
balance sheets of the different ministerial departments.
d) The finances of
the bodies of the local self-government.
A r t i c l e 92.
The controller of
the state is elected by parliament. He is not in the cabinet, but has all rights
of a minister of state and is only responsible to parliament. He gives an
account of his office every year.
A r t i c l e 93.
The organization of
the control and the rules of its application are determined by law.
Chapter IX – National Defense
A r t i c l e 94.Every citizen is compelled to do military
service according to the law.
A r t i c l e 95.
The object of the
military organization is to defend the republic and its territory.
A r t i c l e 96.
The duration of
military service and the organization of the forces is determined by law.
A r t i c l e 97.
The effective force
of the recruiting contingent is fixed every year by parliament.
Chapter X – Self-Government
A r t i c le 98.
The institutions of
self-government being at the same time local administrative bodies are charged
with the direction of economic and educational affairs within the limits of
their territory.
A r t i c l e 99.
The organizations
of self-government, its rights and duties as well as the manner of their
administration are fixed by law.
A r t c l e
100.
The institutions of
self-government have the right to make by-laws for public administration
conforming to the law.
A r t i c l e 101.
The self-government
is elected by secret, proportional, equal, and universal suffrage.
A r t i c l e 102.
The by-laws and
orders of the self-government can only be changed by legal manner.
A r t i c l e 103.
The central bodies
of the government have the right to suspend the by-laws and orders of
self-government when they are contrary to law, but such matters must
immediately be brought before a legal power. The manner and conditions of such
suspensions are determined by law.
A r t i c l e 104.
The self-government
depends on the central bodies of government for the direction of its general
administration.
A r t i c l e 105.
The cases where the resolutions of
self-government must be approved by Government are determined by law.
A r t i c l e 106.
The institutions of
self-government have their own budget according to a special law.
Chapter XI –Autonomous
Administration
A r t i c l e 107.
Abkhasie (district
of Soukhoum), Georgia Musulmane (district of Batum), and Zakhatala (district of
Zakhatala), which are integral parts of the
A r t i c l e 108.
The statute
concerning the autonomy of the districts mentioned in the previous article will
be the object of special legislation.
Chapter XII –Public
Institutions and Schools
A r t i c l e 109.
The arts and
sciences and their institutions are free, and it is the duty of the State to
protect them and to help in their development.
A r t i c l e 110.
Elementary
instruction is gratuitous, general, and obligatory. The scholastic system is an
organic whole where primary education serves as basis for secondary and for
superior teaching. The teaching is in all its aspects laical.
A r t i c l e 111.
The state must see
to it that indigent children have free schooling food, clothing and school
materials. The government and the bodies of self-government must set aside
yearly from their resourced a certain sum for the defrayal of these expenses.
A r t i c l e 112.
Private schools are
subject to the general school laws.
Chapter XIII
–Social and Economic Rights
A r t c l e
113.
The Republic sees
to it that all its citizens have dignified existence.
A r t i c l e 114.
Forced
expropriation or restriction of private enterprise can only tale place in
virtue of a special law, which determines their manner, and only for the needs
of the state and for public utility. The owners of property who have been
expropriated will be indemnified, provided there are no dispositions to the
contrary made by law.
A r t i c l e
115.
The Republic has
its own commercial and industrial organization. Its principal object is to
develop this organization and to create a single and complete system of social
economy. The Republic will aid the bodied of self-government in the development
and strengthening of similar economic organizations. The government has the
right to socialize by legislature the commercial, industrial, and agricultural
enterprises which may be suitable for
this purpose.
A r t i c l e 116.
The State watches
particularly against the private exploitation of the work of small producers,
of the agricultural, the workmen, and the home-worker. The Republic will also
give its special attention to the prosperity of agriculture. The proprietor of
land has a duty toward society to cultivate the same to get the best possible
results.
A r t i c l e 117.
The existence of
the State is based on work, and it is therefore a particular duty of same to
protect same.
A r t i c l e 118.
The laws of the
Republic entrust the bodies of self-government with the work of establishing labor
exchanges, employment agencies and similar institutions which shall keep
statistics of unemployed persons and assist them to obtain work. The
representatives of workers unions to the extent of half, at shall take part in
the central direction of these institutions.
A r t i c l e 119.
Citizens who are out of work shall have the
assistance and help to procure work for them.
A r t i c l e 120.
Any citizen who is
incapacitated from work by age, sickness, or other causes and having neither by
law or custom a claim of support from his heir curator, or any private or
public institution, and begin without means of existence, has the right to have
assistance from the state by way of insurance or other methods. This assistance
is also given by the State in cases where the heir or curators are not in a
position to care for the invalid.
A r t i c l e 121
Any citizen
incapacitated from work by age, mutilation, or other causes will receive in the
way of insurance an assistance proportionate to his salary. The insurance
capital will be raised by means of a tax levied on the employer.
A r t i c l e 122.
Beside the tax
mentioned in the preceding article a certain part of the receipts of the
republic shall be annually set aside for the same object.
A r t i c l e 123.
The normal duration
of working time of hired help shall not be more than 48 hours per week. The
worker must at the same time have a weekly respite from work of at least 42
uninterrupted hours per week. The exception to the weekly hours of work is
determined by law. The fixing of the normal time of work for agricultural
laborers and season workers necessitating special working conditions are fixed
by law.
A r t i c l e 124.
The employment of
minors under 16 years in establishments is forbidden; the working hours for
minors between the ages of 16 and 18 is fixed at 6 hours per day; minors under
18 and women may not be employed in night work.
A r t i c l e
125.
The republic fixes
the minimum rate of wages and establish normal working conditions. It creates a
special inspection of work and sanitary control independent of the employers.
A r t i c l e 126.
The protection of
female labour will be the object of a special law. The employment of women at
work detrimental to mater nity is forbidden. During the time of confinement the
female worker is excused from her work for least two months without suspension
of salary. It is the duty of an employer to permit his female worker to the
necessary time to their nurslings.
A r t i c l e 127.
Any infraction of
the laws giving protection to labour comes within the penal code.
A r t i c l e 128.
It is incumbent on
the Republic and the bodies of self-government to insure the protection of
mothers and children.
Chapter XIV-Rights of Ethnical
Minorities
A r t i c l e 129.
It is forbidden to
bring any obstacle to the free social development, economic and cultural, of
the ethnical minorities of
A r t i c l e
130
All local ethnical
minorities formed into united administration enjoy the right to group
themselves and form national unions for organizing and directing their cultural
matters within the light of the constitution and the law. The local ethnical minorities which do not
belong to united administrations may constitute themselves independently into
an ethnical union, enjoying the competencies mentioned in this article. One is
under jurisdiction of an ethnical union for reason of the language one speaks.
The cultural needs of the ethnical minorities are met by sums levied on the
budget of self-government in proportion in the number interested.
A r t I c l e 131
Nobody. Shall be
restricted in his rights, civil or political for the reason of belonging to an
ethnical minority.
A r t i c l e 132
Any ethnical union
may bring before a court of justice any matter in violation of the conferred to
the minorities by the constitution or by law.
A r t i c l e 133.
Any citizen of the
Georgian republic has equal rights concerning the admission to the civil or
military service of the state as well as to the service of towns and
communities.
A r t i c l e 134.
In localities of a mixed population the bodies
of self-government, are obliged, with the funds at their disposal, to create a
sufficient number of schools and establishment of instructions and general
education in proportion to the ethnical composition of its population.
A r t i c l e 135.
Instruction in all
schools belonging to an ethnical minority shall be given in the language in
which its pupils speak
A r t i c l e 136.
In a
circumscription submitted to a body of self-government where the proportion of
the ethnical minority exceeds 20 per cent of communal and state affairs run
concurrently, the official language, if the minority desires it, shall be the
language of the said minority.
A r t i c l e 137.
Any deputy of
non-Georgian origin not knowing the
official language sufficiently for expressing his opinions in parliament may
use his native language on condition that he has previously submitted to the
bureau of parliament an exact translation of his speech. The application of
this article shall be regulated by law.
Chapter XV-Officials of the
State
A r t i c l e
138.
Any Georgian
citizen has access to all the offices if he satisfies the requirements of the
law.
A r t i c l e 139.
An officer may be
relieved of his office or incur disciplinary punishment by order of the
institution or chief. The rules as to his definite suspension are fixed by law.
A r t i c l e 140.
Every officer has
the right of a pension. The terms under which an officer or his family have the
benefit of a pension are fixed by law.
A r t i c l e 141.
Every officer is
responsible to justice according to the principles of the common law. Any
citizen has the privilege to arraign any officer who may be guilty. Any citizen
has the right to be reimbursed by the state for any loss or damage caused by an
officer in the exercise of the functions of his office. The proceedings and
conditions of indemnification are by low.
Chapter XVI – Relations of
State and Church
A r t i c l e 142.
The state and the
church are separate and independent one from the other.
A r t i c l e 143
No confession or
creed enjoys special privileges.
A r t i c l e 144.
It is forbidden to
make any levies on the resourses of the state or the bodies of self-government
for the needs of any religious order.
Chapter XVII – Revision of the
Constitution
A r t i c l e 145.
The complete or
partial revision of the constitution may be demanded:
a) By at least
one-half of the members of parliament.
b) By a group
of 50.000 electors.
A r t I c l e 146.
A proposal for the
revisal of the constitution can only be heard in parliament six months after
the deposition of such proposal.
A r t I c l e 147.
A proposal or plan
for the partial or entire revisal of the constitution can only be adopted by a
majority of two-thirds of the members of parliament. This proposal only comes
into force after it has received the approval of the people.
A r t I c l e 148
The alternation of
the form of Government of the democratic
A r t I c l e 149.
Until the meeting
of parliament of the constituent assembly will act in its place.
(Democratic Republic of Georgia.
1919-1921.Three historic documents. Preface and compilation by G. Sharadze.
Editor D. Djaparidze,