TREATY BETWEEN THE DEMOCRATIC REPUBLIC OF GEORGIA AND THE RUSSIAN SOCIALIST SOVIET FEDERATIVE REPUBLIC

May 7, 1920

The Democratic Republic of Georgia and the Russian Socialist Soviet Federation Republic animated by a common desire to establish stable and peaceful relations between the two countries, in order to assure the well-being of the populations of the respective countries have for that purpose decided to conclude a special treaty, and have appointed as plenipotentiaries:

the Government of the Democratic Republic of Georgia – Mr. Gregoire Ourotadze, and the government of the Russian Socialist Soviet Republic – Mr. Leon Mikhailovich Karakhan, Assistant Commissar of Foreign Affairs, who after communicating to each other their full powers found to be in due and proper form, have agreed upon the following articles:

Article I

Based on the right proclaimed by the Russian Socialist Federated Soviet Republic of all peoples to fully dispose of themselves to the extent of and including total withdrawal from the state of which they form a part, Russia recognizes without reservations the independence and the sovereignty of the Georgian State, and voluntarily renounces all sovereign rights which belonged to Russia with respect to the Georgian people and territory.

Article II

Based on the principles proclaimed in the foregoing Article I Russia agrees to renounce all intervention in the internal affairs of Georgia.

Article III

1. The state boundary between Georgia and Russia runs from the Black Sea, along the Psou River to Mount Akhakhtcha, crosses Mount Akhakhtcha and Mount Agapet, follows the southern boundary of the former Black Sea Governments Koutais and Tiflis, to the Zakataly district and the eastern boundary of the said district to the Armenian frontier.

2. All the passes situated on the above-mentioned boundary line are declared neutral until January 1, 1922. They can neither be occupied by the troops of either of the said parties.

3. As regards Darial pass ,neutralization provided for in paragraph 2 of the present article will apply to that part of the hill comprised between Balta and Kobi to Mamisson pass; from Zaramag to Oni; and, to all the other passes, for a distance of five versts on each side of the boundary line.

4. The exact direction of the state boundary between the two contracted parties will be determined by a special joint boundary commission, composed of an equal number of representatives of each party. The results of the work of this commission will be embodied in a special treaty to be concluded between the two contracting parties.

Article IV

1. In addition to those parts of the Black Sea Government awarded to Georgia by a provisions of paragraph 1 of Article III of the present treaty, Russia agrees, without reservations, to recognize as being comprised in the Georgian State the following governments and regions of the former Russian Empire: Tiflis Koutais, and Batum, with all the districts forming the said governments and regions, and also the Zakataly and Soukhoum districts.

2. As soon as relations are established hereafter between Georgia and states of other than Russia-states already existing or that may be formed subsequently and bordering Georgia by other frontiers than those defined in Article III of the present treaty, Russia declares herself ready to recognize as belonging to Georgia such or much other part of the former vice royalty of Caucasus as may accrue to her by a virtue of treaties concluded with these states.

Article V

Acceding to Russia’s demand to effect that there shall not be tolerated henceforth any military operations, quartering of troops , nor any other acts likely to create a situation on Georgian territory which might threaten her independence or be capable of transforming Georgia’s territory into a base of operations directed against the public order there established, Georgia agrees:

1. To immediately disarm and intern in consecration camps on military or naval units, departments, and groups having pretension to the role of Government of Russia or of her allies- who may be on Georgia territory at the time of the signature of the present Treaty or who may subsequently enter her territory.

2. To immediately disarm and intern the naval vessels belonging to the organizations and groups mentioned in paragraph 1 of the present article, which may be in the ports of Georgia, and also any vessels, which for any reason whatsoever may be in these parts at the disposal other said organizations and groups, The provisions of paragraph 1 of the present article apply in their entirely to the crews of the said vessels.

3. To hand over to Russia without charge, and with out demanding any compensations all, military and naval supplies without exception, all securities and funds which may be on the possession, enjoyment, or at the disposal of the organizations and groups mentioned in paragraph 1 of the present article, and which in accordance with paragraph 1 and 2 of the same Article, are to be placed at Georgia’s disposal. By the terms of the present paragraph the following shall be considered as military and naval war materials: Vessels and other floating material; all artillery, commissary (including stocks of provisions and equipment), engineering, and aviation material in general.

4. To deliver to Russia, after disarmament, the units, organizations, and groups, as well as the crews, mentioned in paragraph 1 of the present article.

Note: Russia agrees to spare the lives of all those who may be delivered to her in accordance with the present article.

5. To take measures to send away from the Georgian territory comprised within the boundaries fixed by Article IV of the present treaty all troops and military detachments not forming part of the national troops of Georgia.

6. To take steps to forbid the sojourning hereafter on Georgian territory of the troops and military detachments mentioned in paragraph 1 of the present Article.

7. To forbid any person belonging  to the units, organizations and groups enumerated in paragraphs 1 and 5 of the present article, in so far as said persons are not of Georgian nationality, to enter, in any capacity whatsoever, among others, as volunteers, the troops of the Government of Georgia.

8. Not to permit henceforth the formation and sojourn on her territory within the boundaries fixed in Article IV of the present Treaty, of any troops and organizations pretending to the role of Government of Russia or any part thereof, or to the  role of Government of Russia or that of her allies; Georgia also agrees not to permit the transportation by the above-mentioned organizations, groups, representations, and functionaries across Georgian territory, of anything that could be utilized to attack Russia or her allies , and also to prohibit the sojourn in her ports and waters of vessels and other floating material belonging to the said organizations, except in the case of vessels in distress and other cases provided for by international law.

9. In case the organizations, groups, representatives, or functionaries mentioned in the foregoing paragraph 8 of the present Article should attempt to violate the interdiction stipulated in the said paragraph 8, proceeding will be taken with respect to the persons and property that the Georgian Government undertakes to arrest in accordance with the terms of paragraph 8 of the present Article as stipulated in paragraphs 3 and 4 of the said Article.

Article VI

Russia agrees not to permit on her territory the sojourn and the activity of any group or organization pretending to her role of the Government o Georgia, or any part of thereof, nor of any group and organization seeking to overthrow the Government of Georgia. Russia agrees to use all her influence with her allies to the end that the groups and organizations mentioned in the present Article shall not be admitted to this territory.

Article VII

In order to avoid any misunderstanding , the two contracting parties agree that at the time of the execution of paragraph 5 and 6 of Article V of the present Treaty in the parts of the territory accruing to Georgia by the terms of paragraph 2 of Article  IV of the said Treaty, after the delimitation of the frontiers of Georgia and neighboring countries other than Russia, the necessary measures of security in these cases shall be taken by Georgia within the shortest possible time, once she shall have assumed formal exercise of her sovereignty in such or such of the said territories.

Article VIII

A joint commission, composed of an equal number of representatives of each party hereto, shall be appointed to see to the strict enforcement of Articles V and VI of the present Treaty and to the delivery and reception of the persons and property stipulated in paragraphs 3 and 4 of the said Article V. The commission shall itself determine its method of procedure. The delivery and the reception of the persons and property specified in paragraphs 3 and 4 of the said Article V of the present Treaty shall be affected within a period of two months from the date of the signature of the said Treaty.

Article IX

1. Persons of Georgian origin, residing on Russian territory, and having reached the age of 18 years, shall have the right to choose Georgian nationality. Likewise, persons, not of Georgian origin, residing on Georgian territory, and having attained the age above mentioned, shall be entitled to opt for Russian nationality.

2. The details relative to the enforcement of the present Article shall be embodied in a special agreement to be concluded between the two contracting parties.

3. The nationals of the two contracting parties, who desire to take advantage of the rights conferred on them by the provisions of the present Article, shall be required to comply with the formalities to which they are subjected, within one year from the date of the coming into force of the convention mentioned in the foregoing paragraph 2.

Article X

Georgia agrees to release from penalties imposed and from administrative or legal prosecution, all persons subject to such proceeding on Georgian territory, because of acts committed in the interest of the Russian Socialist Soviet Republic or the interest of the Communist party.

Note: Georgia agrees to release immediately all persons imprisoned for the above-mentioned acts.

Article XI

Each of the contracting parties agrees to recognize and to respect the flag and the arms of the other party hereto, as being the emblem of a friendly state. The designs of the flags and the arms, as well as any changes that may subsequently be made therein, shall be communicated to the respective parties through diplomatic channels.

Article XII

Pending the conclusions between the two contracting parties, of a treaty of ecommerce, the necessary measures for which will be taken as soon as possible, the economic relations between Georgia and Russia shall be regulated provisionally in accordance with the following general arrangement:

1. The two contracting parties lay down, as the basis of the commercial relations, the principle of the most favored nation.

2. Goods whose origin or destination is one of the contracting parties shall not be subjected by the other party to any duty or transit tax.

Article XIII

The provisions of paragraphs 1 and 2 of the foregoing Article XII shall serve as the basis of the treaty of commerce which is to be concluding between the contracting parties, in accordance with the terms of the said Article XII.

Article XIV

Diplomatic and consular relations between Georgia and Russia shall be established as soon as possible. Pending the conclusion by the two contracting parties of a special convention regulating the law relative to consult of the respective contracting parties, the necessary measures for the drafting of which will be taken, the rights of obligations of the said officials shall be determined by the rules in force in that connection with each of the contracting parties.

Article XV

The settlement of questions arising in the domain of public of private rights between the citizens of the two contracting parties and the settlement of certain special questions between the two States shall be entrusted to special Russo – Georgian joint commissions, which shall be appointed as soon as possible after the signature of the present treaty. The compositions, rights and the duties of the said commissions shall be determined by special instructions drawn up for each commission as may be agreed upon by the two contracting parties. The jurisdiction of the said commissions shall extend, among other matters, to the following:

1. Formulation of the Treaty of commerce and other economic agreements.

2. Settlement of questions concerning the distribution of the archives and the disposition of current matters, administration and legal records, and social State documents in the formal central institutions.

3. Settlement of the question of the method of utilization, possession, and disposition of the BatumBaku pipe line in respect to that part of it which, by virtue of Article IV of the present Treaty is situated on Georgian territory. This question shall be settled ultimately by means of a special agreement between the two contracting parties.

Article XVI

The present Treaty becomes effective from the very fact of its signature, without any special ratification being necessary. In witness where of the plenipotentiaries of the two parties have with their own hands signed the present treaty and affixed thereunto their seals.

Done in duplicate at Moscow on the 7th of May, 1920.

Signatures:

G. Ouratadze.

L. Karakhan.

(Democratic Republic of Georgia. 1919-1921.Three historic documents. Preface and compilation by G. Sharadze. Editor D. Djaparidze, Tbilisi, 1991, p. 101-108)