DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on Solution of the Complex Problems Related to Formation and Functioning of Border Zone of the Republic of Georgia.

After the restoration of the State independence of the Republic of Georgia and radical political changes in the former Soviet Union Republics in general, and in the Caucasus region in particular, it became sheer necessity to create a border zone along the land and marine borders of the Republic of Georgia and to take immediate measures aimed at its formation.

The Ministry of Defence of the Republic of Georgia - alongside other interested ministries and agencies and in conformity with the International legal norms and taking into account the experience of sovereign states in the sphere of protection of State border- must elaborate a complex action-plan and solve a number of problems related to formation and functioning of border service, establishment of its material-technical base and preparation of highly skilled personnel for the border guard.

In order to secure the territorial integrity and inviolability of borders of the Republic of Georgia and formation of normal border service that would allow to rule out any violations of political and economic character and would rest on healthy, and good neighborly relation with all the adjoining States, the State Council of the Republic of Georgia decrees:

1. To note that pursuant to the decree #128 issued by the Government of Georgia on 6 February 1992 a border zone was established on the whole territory of the Republic. Pursuant to the aforementioned decree, the width of border zones of administrative units of the Republic of Georgia must be determined, and the width of those units has to be no wider than 21 kilometer.      

2. To entrust the Ministry of Defense of the Republic of Georgia - alongside other interested ministries and agencies must submit, without undue delay, to the Government of Georgia:

- A scheme for construction of border facilities and communication means with indication of their sizes, type of facility, components, volume of work and time limit of construction, budgeted costs and sources of financing…

(…)

- Draft resolution on introduction of passport regime along the whole length of land and marine border zone, including the frontier towns, ports, and sea areas of the Republic …

4. With respect of specifics of management and economic activity in the border zone, and in order to secure material-technical and food supply for all type border contingents, to bring under the jurisdiction of the Ministry of Defence those kolkhozs (Collective Farms-edit.), rural enterprises, enterprises involved in processing of agricultural products and other facilities that are located in the border zone (pursuant to the annexes 1, 2, and 3).

6. To note that pursuant to the decree issued by the Cabinet of Ministers of the Republic of Georgia on 6 February 1992 in the course of introduction of partial amendments and additions to the decree #48 issued on 13 February 1992 on “Reform of Agricultural Lands in the Republic of Georgia”, it was stipulated that:

(…)

- the Lands within 21 kilometers of the border zone are the State Lands and cannot be privatized. In the border zones, it is prohibited to allocate personal plots, including plots for individual house construction.

7. In order to secure effective management of all agricultural and processing enterprises, as well as other enterprises of food industry providing food for all arms of service, a special service dealing with the above issues shall be created by the Ministry of Defence of Georgia.

8. To permit the conscripts from the border zone and other regions of the republic to carry out alternative service, upon their will, at the agricultural and other economic enterprises in the border zone.

10. To allocate for the Ministry of Defence, as an exemption and within capability for temporary use of 3 hectares of cropland for each military check point and commandant’s office, and 0.25 hectare of cropland for every household of commissioned and non-commissioned officers.

11. To permit to agricultural organizations unlimited use of pastures and hayfields, which previously used those pastures and hayfields in the border zone under the existing rules.

12. To entrust the leaderships of executive bodies of the Autonomous Republics of Abkhazia and Ajara and other regions adjacent to border zones with a task of rendering maximum possible support to the Ministry of Defence of the Republic of Georgia in their endeavors to carry out effective protection of the State borders.  In order to facilitate the border guards, the voluntary groups shall be set up at the settlements that will help in construction of border facilities and communication means, as well as in maintaining the adequate order in economic activities.

Chairman of the State Council of the Republic of Georgia E. Shevardnadze

Secretary of the State Council of the Republic of Georgia V. Goguadze

7 May 1992

(Collection of Normative Acts issued by the State Council of the Republic of Georgia, volume 1, Tbilisi, 1995, p. 54-58)