EUROPAM

European Public Accountability Mechanisms

Georgia

Country score (European Average*)
  • 91(67) Political Financing
  • 76(50) Financial Disclosure
  • 49(41) Conflict of Interest
  • 64(56) Freedom of Information
  • 67(65) Public Procurement

Country Facts

IncomeUpper middle
GNI per capita (2011 PPP $)9,410
Population, total3,679,000
Urban population (% of total)53.6
Internet users (per 100 people)48.9
Life expectancy at birth (years)74.8
Mean years of schooling (years)12.1
Global Competitiveness Index4.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Organic Law on Political Unions of Citizens (1997, amended 2012) Election Code 2012, updated in 2014, are the main laws regulating the funding of political parties in Georgia. The changes to the Election Code result in the alteration of the wording of provisions but do not change what is substantively prohibited. 

There are comprehensive limits on the private income of political parties. There are bans on donations from foreign interests, corporations, trade unions and anonymous donors amongst other. There are limits on the amount a political party can receive from donations. 

Public funding is available for political parties. Funding is provided both generally and for elections and is allocated based on the share of votes attained in the previous election. To receive funding, parties are required to facilitate the creation of a healthy, competitive political system. There is subsidized television access which is allocated based on the share of votes received in the previous election. Access to premises administered by the state authorities is provided free of charge to parties during elections. There are also subsidies available for fielding candidates of different genders. 

There are also comprehensive regulations on spending. There are bans of vote buying and the use of some state resources in favour or against a political party or candidate. There are limits regarding how much parties and candidates are permitted to spend. 

Parties are required to report annually on their finances. The reports must include information on finances in relation to the election campaign, must be made public and must reveal the identity of donors. Reports are overseen by the State Audit Office. There are sanctions in the form of fines, loss of public funding and forfeiture for breaches of the provisions.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income1008989
Public funding757575
Regulations on spending100100100
Reporting, oversight and sanctions100100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. 1. It is prohibited (8.05.2012. N6116) to receive donations from: a) physical and legal persons of other countries, international organizations and movements, except lectures, workshops and other public arrangements are held; d) persons having no citizenship; (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on donations from foreign interests to candidates? Yes. Candidates shall use funds of nominating party/coalition. (Article 54, Election Code, 2001, amended 2015 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Prohibited to accept financial and material contributions from legal persons, their consolidations or other types of organizational entities. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on corporate donations to candidates? Yes. Candidates shall use funds of nominating party/coalition. (Article 54, Election Code, 2001, amended 2015 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on donations from corporations with government contracts to political parties? Yes. All donations from legal entities are banned. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. All donations from legal entities are banned. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on donations from corporations with government contracts to candidates? Yes. Candidates shall use funds of nominating party/coalition. (Article 54, Election Code, 2001, amended 2015 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Candidates shall use funds of nominating party/coalition. (Article 54, Election Code, 2001, amended 2015 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. All donations from legal entities are banned. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on donations from Trade Unions to candidates? Yes. Candidates shall use funds of nominating party/coalition. (Article 54, Election Code, 2001, amended 2015 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Prohibited to accept donations received anonymously (name, address, number of ID car of citizen of Georgia and personal number need to be indicated). (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on anonymous donations to candidates? Yes. Candidates shall use funds of nominating party/coalition. Parties and coalitions banned from accepting anonymous donations. (Article 54, Election Code, 2001, amended 2015 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Prohibited to accept financial and material contributions from state body, state organization, legal person of public law, enterprises with state shares, excect cases envisaged by law. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a ban on any other form of donation? Yes. Religious organizations and non-commercial juridicial person (exempt: lectures, workshops or other public arrangements held) and people having no citizenship not allowed to make contributions. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Annual overall amount received by party in a year shall not exceed 60,000 GEL from each citizen. Annual amount of membership fee not to exceed 1,200 GEL from each member of party. (Article 27, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Art. 30: 2. The funds allocated for a direct transfer to a party shall be received by a party which is registered with the Georgian Central Election Commission and which has participated in elections independently or as part of an electoral bloc, provided that the party or the relevant electoral bloc has obtained 3%, or more than 3%, of the votes in recent parliamentary or local self-government elections (...). Art.56 (1): 1. An electoral subject that obtains 5% or more of votes in a parliamentary election conducted under the proportional electoral system, or 10% or more of votes in the first round of a presidential election shall receive a one-time amount of not more than GEL 1,000,000 from the State Budget of Georgia to cover election campaign expenses incurred in both rounds. An electoral subject that obtains 3% or more of votes in the general elections for a Sakrebulo shall receive a one-time amount of not more than GEL 500 000 from the State Budget of Georgia to cover election campaign expenses incurred in both rounds of Sakrebulo/Mayoral/Gamgebeli elections. (Article 56(1), Election Code, 2001, amended 2015 Article 30(2), Organic Law of Georgia on political unions of citizens)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Politiical Union Act 4. The amount of the state funding to be received by a party shall be calculated in the following way: Z=B+(M*600*12)+(L*100*12)+(V*1,5)+(W*1) Where, Z is the amount of state funding to be received by a party, B is the amount of basic funding, M – is the number of the MPs up to 30 elected from a proportional list, L is the number of the MPs above 30 elected through the proportional system, V is the number of the received votes under 200 000; W is the number of the votes received above 200 000. (Article 30(4), Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Allocation calculations for direct public funding to political parties: Equal Yes. Politiical Union Act 4. The amount of the state funding to be received by a party shall be calculated in the following way: Z=B+(M*600*12)+(L*100*12)+(V*1,5)+(W*1) Where, Z is the amount of state funding to be received by a party, B is the amount of basic funding, M – is the number of the MPs up to 30 elected from a proportional list, L is the number of the MPs above 30 elected through the proportional system, V is the number of the received votes under 200 000; W is the number of the votes received above 200 000. (Article 30(4), Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. Facilitating creation of healthy, competitive political system (Article 29, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. 4(a), (b) Broadcaster shall allocate free of charge and without discrimination time for election advertising for qualified parties (at least 4% in last parliamentary elections, at least 3% in last elections in local self-government bodies; other more specific qualifications with respect to e.g. share of votes in election district falling within local broadcaster's coverage zone). (Article 51, Election Code, 2001, amended 2015)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election Yes. 4(a), (b) Broadcaster shall allocate free of charge and without discrimination time for election advertising for qualified parties (at least 4% in last parliamentary elections, at least 3% in last elections in local self-government bodies; other more specific qualifications with respect to e.g. share of votes in election district falling within local broadcaster's coverage zone). (Article 51, Election Code, 2001, amended 2015)
Allocation criteria for free or subsidized access to media for political parties: Other Yes. For those that have received certain shares of votes in e.g. certain election district falling in local broadcaster's coverage zone. (Articles 50 and 51, Election Code, 2001, amended 2015)
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. 8. In order to conduct mass electoral events, the premises administered by state authorities or local self-government bodies shall be available free of charge for the election commissions. (Article 45(8), Election Code, 2001, amended 2015)
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other Yes. The DEC shall make public the list of premises allocated by the local self- government bodies within two days after the receipt thereof, shall ensure equal availability of the premises for all political parties and electoral subjects, and shall draw up a schedule, in agreement with political parties and electoral subjects, for the electoral events ( (Article 45(9), Election Code, 2001, amended 2015)
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. 7 1 . The election subject receiving funding from the state budget in accordance with rules prescribed by this Article, will receive from the state budget 10% of supplement, if in the nominated party list (local self-government elections – all party list) it includes at least 20% of different gender in each 10 candidates. (Article 30(7.1), Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Art.47: Prohibited to candidates to give money, gifts and other material possessions (irrespective of price), to sell at preferential price, distribute or disseminate any goods free of charge, to motivate citizens by promising to give funds, securities, to render other material valuables. Prohibited to use private personal funds and/or pre-election campaign funds for purpose of works mentioned above. Art.164.1: For election purposes offering, promising, handing over or rendering directly or indirectly money, securities (including financial instruments), other property, title in property, services or any other advantage, or knowingly accepting such offering, or entering into fraudulent, sham or other transactions to avoid statutory restrictions - shall be punished by imprisonment for up to three years or with a fine. (Article 47, Election Code, 2001, amended 2015 Article 164.1, Criminal Code of Georgia, 1999)
Are there bans on state resources being used in favour or against a political party or candidate? Yes. Any person with right to participate in pre-election campaign not allowed to use following administrative resources in support or against any election subject: premises occupied by bodies of state and local-self government and organizations funded from state budget, means of communication, information service designate for bodies of state and local self-goverment and organizations funded from state budget. (Article 48, Election Code, 2001, amended 2015)
Are there limits on the amount a political party can spend? Yes. Article 25 1.Total amount of expenditures by political party/electoral subject shall not exceed 0.2 % of Georgia’s GDP of the previous year. Indicated amount includes expenditures of party’s/electoral subject and expenditures made in favor of it by other person, that is defined by the Chamber of Control of Georgia and regarding which is notified relevant party/electoral subject. (Article 25.1(1) Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Are there limits on the amount a candidate can spend? Yes. Article 25 1. Total amount of expenditures by political party/electoral subject shall not exceed 0.2 % of Georgia’s GDP of the previous year. Indicated amount includes expenditures of party’s/electoral subject and expenditures made in favor of it by other person, that is defined by the Chamber of Control of Georgia and regarding which is notified relevant party/electoral subject. (Article 25.1(1) Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. 1. A party shall, before February 1 of each year, send the financial declaration of previous year together with the auditor’s (auditing firm’s) conclusion to the State Audit Office. (Article 32(1), Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015)
Do political parties have to report on their finances in relation to election campaigns? Yes. Art.32(2). A party’s income-expenditure related to election should be shown separately in party’s financial declaration. Art.57(3). Electoral subjects shall, not later than one month after the announcement of final results of elections, submit to the State Audit Office a report of funds having been used up to the time of reporting, together with an audit (audit firm) report, specifying the source of funds. (Article 32(2), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012) Article 57(3), Election Code, 2001, amended 2015 )
Do candidates have to report on their campaign finances? Yes. Art.57(3). Electoral subjects shall, not later than one month after the announcement of final results of elections, submit to the State Audit Office a report of funds having been used up to the time of reporting, together with an audit (audit firm) report, specifying the source of funds. (Article 57(3), Election Code, 2001, amended 2015)
Is information in reports from political parties and/​or candidates to be made public? Yes. 3. The State Audit Office is obliged to provide all interested persons with the information related to a party’s financial declaration as well as to publish financial declaration on the web side within 5 working days after receiving it. (Article 32(3), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012) )
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Article 32 1. A party shall, before February 1 of each year, send the financial declaration of previous year together with the auditor’s (auditing firm’s) conclusion to the State Audit Office. The declaration shall provide the annual income of the party (including the membership fees and amount of donations, identity of the natural persons providing the membership fees, information about the natural persons providing the contributions, the finances allocated by the state as well as the finances received as a result of publications or other activities of the party) and the expenditures of the parties (the expenditures spent on elections, financing of various activities, remuneration, business trips and other), as well as the report on its proprietary status. ( Article 32(1), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. Party sends financial declaration to State Audit Office. Reports on funds used in election campaign also sent to State Audit Office. (Article 57(3)&(4), Election Code, 2001, amended 2015 Article 32(1), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012))
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. 1. Monitoring over the legality and transparency of financial activities of a political party shall be carried out by the State Audit Office. (Article 34.1(1), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012))
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court Yes. 11. On administrative offences prescribed by this Article an authorized person of the State Audit Office shall draft an administrative offence protocol, which shall be immediately sent to the Regional (City) Court for review. (Article 34.2(11), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012))
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other Yes. State Audit office can submit recommendation to election commission if it thinks that violation (of not submitting statement of election campaign funds) is severe enough. Election commission can apply to court. (Article 57(6), Election Code, 2001, amended 2015)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 4. Failure to comply with the requirements and obligations prescribed by this Law by party or by the person prescribed by paragraphs 1 st and 2 nd of the Article 26 1 – will result in fine by 5 000 GEL; 5. Failure to provide information to the State Audit Office in compliance with obligations by the law – will result in fine by 5 000 GEL; (Article 34.2(4)&(5), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012))
Sanctions for political finance infractions: Loss of public funding Yes. No public funding in subsequent year if failure to submit financial declaration. (Article 34, Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012))
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture Yes. 12. If circumstances are present that might obstacle execution of penalties for offences prescribed by the law, State Audit Office is authorized with drafting protocol of administrative offences, to seize property of a party or/and person (including bank accounts) proportionally with a sanction in accordance with the relevant offence. Seizure shall enter into force immediately and with the protocol of administrative offences shall be presented to the Court for confirmation. 13. Court reviews protocol of administrative offences and issue of confirmation of seizure (if such exists) prescribed by paragraphs 11 and 12 of this Article and makes decision within 48 hours after its submission. Court decision shall be appealed once in a Court of Appeal within 48 hours. Appeal doesn’t suspend validity of a seizure. Court of Appeal makes its decision within 48 hours. Decision is final and may not be appealed. (Article 34.2(12)&(13), Organic Law of Georgia on Political Unions of Citizens 1997 (amended in 2012))
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015 (English)pdf
Election Code, 2001, amended 2015 (English)pdf

Financial Disclosure

The Georgian Law on Conflicts of Interests (2009, last amended 2012) sets an encompassing framework for public official’s disclosure. The same rules apply to the Head of State, Ministers, and Members of Parliament. Their annual disclosure statements must include real estate, movable assets above GEL 10,000, gifts above GEL 500, and any entrepreneurial activity. Income from outside employment, all bank accounts held, as well as cash over GEL 4,000 must also be disclosed. Disclosure statements include family members. The law requires that officials abstain if a decision would affect private interests. 

These same general rules and requirements for disclosure statements apply to Civil Servants. Additionally, they must disclose whether there are any relatives working in the same administrative agency. This is stated in the Law on civil service (1997, last amended 2012). This law also specifies that the enforcement body for Civil Servants is the superior. All other officials fall under the supervision of the Civil Service Bureau, which also functions as depository body for declarations. All officials face the same sanctions in case of violating these rules. The Penal Code (1999) stipulates criminal sanctions for late filling, non-filling, and for making false disclosures. When failing to make a declaration for the first time, the public official is fined GEL 1,000 instead of having to face criminal charges.


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items797979
Filing frequency757575
Sanctions100100100
Monitoring and Oversight1005050
Public access to declarations757575

Alternative Metric

201220152016Trend
Head of State867676
Ministers867676
Members of Parliament867676
Civil servants867676

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. 0 ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Cash Yes. Public officials are required to disclose deposits and accounts both in Georgia and abroad, as well as cash in excess of GEL 4,000 at their disposal. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Loans and Debts No. Not covered in the law.
Income from outside employment/assets Yes. Public officials are required to disclose income from entrepreneurial activities, paid activities, contractual agreements (if the value of the contract exceeds GEL 3,000), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Incompatibilities
Gifts received as a public official Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Private firm ownership and/or stock holdings Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. Public Officials are obliged to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Concurrent employment of family members in public sector No. Not covered in the law.

Filing frequency

Filing required upon taking office Yes. Public officials are required to submit an income and asset declaration within two months of appointment. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within two months after leaving office. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Article 355 of the Penal Code (1999) stipulates criminal sanctions for late filing. (Article 355 of the Penal Code (2015) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fine for non-filing is GEL 1000. If repeated in 1 year's time after the fine was imposed, then compulsory dismissal. Criminal sanction for non-filing is public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 20 of the Law on Conflict of Interest (1997, amended 2015) Article 355 of the Penal Code (2015) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Criminal sanction for providing false information is the public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 355 of the Penal Code (2015) )

Monitoring and Oversight

Depository body explicitly identified Yes. In order to receive a declaration, provide publicity of the property declaration of an official and maintain control over the timely submission of the declaration, also to carry out other functions prescribed by the Georgian legislation, shall be fulfilled by the legal entity of public law – the Civil Service Bureau (Article 18 of the Law on Conflict of Interest (1997, amended 2015))
Enforcement body explicitly identified Yes. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 20 of the Law on Conflict of Interest (1997, amended 2015))
Some agency assigned responsibility for verifying submission No. Not covered in the law.
Some agency assigned responsibility for verifying accuracy No. Not covered in the law.

Public access to declarations

Public availability Yes. All declarations are available to the public except the provisions containing the confidential information such as ID number, telephone number and permanent residence ( Articles 14, 17 and 19 of the Law on Conflict of Interests (1997, amended 2015))
Timing of information release specified No. Not covered in the law.
Location(s) of access specified Yes. All declarations are kept by Civil Service Bureau. ( Article 14 of the Law on Conflict of Interests (1997, amended 2015))
Cost of access specified Yes. The fee for the copy of declaration is determined by the Law of Georgia on Fee on Making a Copy of Public Information. ( Article 19 of the Law on Conflict of Interests (1997, amended 2015))

Ministers

Disclosure items

Spouses and children included in disclosure Yes. 0 ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Cash Yes. Public officials are required to disclose deposits and accounts both in Georgia and abroad, as well as cash in excess of GEL 4,000 at their disposal. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Loans and Debts No. Not covered in the law.
Income from outside employment/assets Yes. Public officials are required to disclose income from entrepreneurial activities, paid activities, contractual agreements (if the value of the contract exceeds GEL 3,000), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Incompatibilities
Gifts received as a public official Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Private firm ownership and/or stock holdings Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. The Member of Government is obliged to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Concurrent employment of family members in public sector No. Not covered in the law.

Filing frequency

Filing required upon taking office Yes. Public officials are required to submit an income and asset declaration within two months of appointment. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within two months after leaving office. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Article 355 of the Penal Code (1999) stipulates criminal sanctions for late filing. (Article 355 of the Penal Code (2015) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fine for non-filing is GEL 1000. If repeated in 1 year's time after the fine was imposed, then compulsory dismissal. Criminal sanction for non-filing is public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 20 of the Law on Conflict of Interest (1997, amended 2015) Article 355 of the Penal Code (2015) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Criminal sanction for providing false information is the public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 355 of the Penal Code (2015) )

Monitoring and Oversight

Depository body explicitly identified Yes. In order to receive a declaration, provide publicity of the property declaration of an official and maintain control over the timely submission of the declaration, also to carry out other functions prescribed by the Georgian legislation, shall be fulfilled by the legal entity of public law – the Civil Service Bureau (Article 18 of the Law on Conflict of Interest (1997, amended 2015))
Enforcement body explicitly identified Yes. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 20 of the Law on Conflict of Interest (1997, amended 2015))
Some agency assigned responsibility for verifying submission No. Not covered in the law.
Some agency assigned responsibility for verifying accuracy No. Not covered in the law.

Public access to declarations

Public availability Yes. All declarations are available to the public except the provisions containing the confidential information such as ID number, telephone number and permanent residence (Articles 14, 17 and 19 of the Law on Conflict of Interest (1997, amended 2015) )
Timing of information release specified No. Not covered in the law.
Location(s) of access specified Yes. 0
Cost of access specified Yes. The fee for the copy of declaration is determined by the Law of Georgia on Fee on Making a Copy of Public Information. (Article 19 of the Law on Conflict of Interest (1997, amended 2015))

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. 0 ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Cash Yes. Public officials are required to disclose deposits and accounts both in Georgia and abroad, as well as cash in excess of GEL 4,000 at their disposal. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Loans and Debts No. Not covered in the law.
Income from outside employment/assets Yes. Public officials are required to disclose income from entrepreneurial activities, paid activities, contractual agreements (if the value of the contract exceeds GEL 3,000), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Incompatibilities
Gifts received as a public official Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Private firm ownership and/or stock holdings Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. Public Officials are obliged to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Concurrent employment of family members in public sector No. Not covered in the law.

Filing frequency

Filing required upon taking office Yes. Public officials are required to submit an income and asset declaration within two months of appointment. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within two months after leaving office. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 10 of the Law on Conflict of Interests (1997, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Article 355 of the Penal Code (1999) stipulates criminal sanctions for late filing. (Article 355 of the Penal Code (2015) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fine for non-filing is GEL 1000. If repeated in 1 year's time after the fine was imposed, then compulsory dismissal. Criminal sanction for non-filing is public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 20 of the Law on Conflict of Interest (1997, amended 2015) Article 355 of the Penal Code (2015) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Criminal sanction for providing false information is the public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 355 of the Penal Code (2015) )

Monitoring and Oversight

Depository body explicitly identified Yes. In order to receive a declaration, provide publicity of the property declaration of an official and maintain control over the timely submission of the declaration, also to carry out other functions prescribed by the Georgian legislation, shall be fulfilled by the legal entity of public law – the Civil Service Bureau (Article 18 of the Law on Conflict of Interest (1997, amended 2015))
Enforcement body explicitly identified Yes. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 20 of the Law on Conflict of Interest (1997, amended 2015))
Some agency assigned responsibility for verifying submission No. Not covered in the law.
Some agency assigned responsibility for verifying accuracy No. Not covered in the law.

Public access to declarations

Public availability Yes. All declarations are available to the public except the provisions containing the confidential information such as ID number, telephone number and permanent residence (Articles 14, 17 and 19 of the Law on Conflict of Interest (1997, amended 2015) )
Timing of information release specified No. Not covered in the law.
Location(s) of access specified Yes. 0
Cost of access specified Yes. The fee for the copy of declaration is determined by the Law of Georgia on Fee on Making a Copy of Public Information. (Article 19 of the Law on Conflict of Interest (1997, amended 2015))

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. 0 ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Cash Yes. Public officials are required to disclose deposits and accounts both in Georgia and abroad, as well as cash in excess of GEL 4,000 at their disposal. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Loans and Debts No. Not covered in the law.
Income from outside employment/assets Yes. Public officials are required to disclose income from entrepreneurial activities, paid activities, contractual agreements (if the value of the contract exceeds GEL 3,000), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Incompatibilities
Gifts received as a public official Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). Income from Georgia or abroad is included in the provision. ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Private firm ownership and/or stock holdings Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2015))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. Article 11 provides for the Official's obligation to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. (Article 11 of the Law on Conflict of Interest (1997, amended 2015) )
Concurrent employment of family members in public sector Yes. A civil servant must within one month after appointment (election), and then before February 1st of every next year publicly announce about a related person working in the same agency as the civil servant. A written statement of the civil servant about the fact, containing identification information of such a related person as well as information about the degree of the relationship, shall be provided to and registered by the Human Resources department of the agency. (Article 73.4 of the Law on civil service (1997, amended 2015) )

Filing frequency

Filing required upon taking office Yes. Public officials are required to submit an income and asset declaration within two months of appointment. ( Article 14 of the Law on Conflict of Interests (1997, amended 2015))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within two months after leaving office. ( Article 14 of the Law on Conflict of Interests (1997, amended 2015))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 14 of the Law on Conflict of Interests (1997, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Article 355 of the Penal Code stipulates criminal sanctions for late filing. (Article 355 of the Penal Code (2015) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fine for non-filing is GEL 1000. If repeated in 1 year's time after the fine was imposed, then compulsory dismissal. Criminal sanction for non-filing is public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 20 of the Law on Conflict of Interest (1997, amended 2015) Article 355 of the Penal Code (2015) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Criminal sanction for providing false information is the public work from 120 to 200 hours, restriction to hold the office up to 3 years period. (Article 355 of the Penal Code (2015) )

Monitoring and Oversight

Depository body explicitly identified Yes. In order to receive a declaration, provide publicity of the property declaration of an official and maintain control over the timely submission of the declaration, also to carry out other functions prescribed by the Georgian legislation, shall be fulfilled by the legal entity of public law – the Civil Service Bureau (Articles 18 of the Law on Conflict of Interest (1997, amended 2015) )
Enforcement body explicitly identified Yes. An official or an agency, authorized to appoint a civil servant to a position, is entitled to impose disciplinary sanctions in cases of a disciplinary misconduct. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 79 of the Law on Civil Service (1997, amended 2015) Article 20 of the Law on Conflict of Interest (1997, amended 2015))
Some agency assigned responsibility for verifying submission No. Not covered in the law.
Some agency assigned responsibility for verifying accuracy No. Not covered in the law.

Public access to declarations

Public availability Yes. All declarations are available to the public except the provisions containing the confidential information such as ID number, telephone number and permanent residence (Articles 14, 17 and 19 of the Law on Conflict of Interest (1997, amended 2015) )
Timing of information release specified No. Not covered in the law.
Location(s) of access specified Yes. All declarations are kept by Civil Service Bureau. (Articles 14 of the Law on Conflict of Interest (1997, amended 2015) )
Cost of access specified Yes. The fee for the copy of declaration is determined by the Law of Georgia on Tax on Making a Copy of Public Information. (Articles 19 of the Law on Conflict of Interest (1997, amended 2015) )

Qualitative data for 2016


Legislation

Law on Civil Service, 1997, amended 2015 (English)pdf
Law on Conflict of Interests and Corruption in Public Service, 2009, amended 2015 (English)pdf
Criminal Code, 1999, amended 2015 (English)pdf

Conflict of Interest

Conflict of interests restrictions for the Head of State and Ministers of Georgia are specified in the Law on Conflicts of Interests (2009, last amended 2012). They may not hold any position in an enterprise, nor hold stocks in an enterprise which falls under the supervision of fellow officials. While accepting gifts is generally allowed, their sum may not exceed 15% of an official’s annual wage. The Constitution (2010) equally prevents Members of Parliament from holding either an entrepreneurial position or an additional position in the state service. Similar rules apply to Civil Servants, where the Law on Civil Service (1997, last amended 2012) prevents holding permanent supervisory or managerial positions in private companies. However, Civil Servants may hold stocks. Not only is participating in a decision that affects private interests forbidden for all officials alike, also is there the possibility for any interested party to ask for a Civil Servant to be excluded from a decision should a conflict of interests exist. 

While no sanctions are specified for the Head of State or Ministers, violating conflict of interests may lead to a loss of office for MPs. Civil servants may face disciplinary sanctions, such as reprimand or a reduction of pay, in case of violations. The Georgian Anti-Corruption Council appointed by the Head of State is responsible for monitoring conflicts of interest law and providing guidance. However, no enforcement body is specified.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions756868
Sanctions501717
Monitoring and Oversight506262

Alternative Metric

201220152016Trend
Head of State664040
Ministers543737
Members of Parliament626868
Civil servants515151

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. An official has no right to apply the authorities gained from public service or its relevant opportunities against the interests of public service or for solution of an issue, which does not fall under the capacity of the public service. (Art. 7 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Accepting gifts Yes. The sum of gifts received may not exceeed 15% of the whole year's wages, where a single gift may not exceed 5%. The total sum of gifts received may not exceed 1,000 GEL for each family member, where a single gift may not exceed 500 GEL per family member. (Art. 5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Private firm ownership and/or stock holdings Yes. An official has Noright to hold any position in an enterprise. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.4, 13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. An official has Noright to hold any position in an enterprise. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.4, 13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Holding government contracts Yes. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Board member, advisor, or company officer of private firm Yes. An official has no right to hold any position in an enterprise. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.4, 13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. The President of Georgia enjoys immunity. (Art. 75 Constitution (2010))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12(1) Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. An official has no right to apply the authorities gained from public service or its relevant opportunities against the interests of public service or for solution of an issue, which does not fall under the capacity of the public service. (Art. 7 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Ownership of state-owned enterprises (SOEs) Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Holding government contracts Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Board member, advisor, or company officer of private firm Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. An official has Noright to apply the authorities gained from public service or its relevant opportunities against the interests of public service or for solution of an issue, which does not fall under the capacity of the public service. (Art. 7 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. An MP may not engage in entrepreneurial activity. He may not carry out the responsibilities of a member of a permanent managerial, supervisory, controlling, inspecting and consulting body of an entrepreneurial subject. An MP may however hold stocks. (Art. 53.1 Constitution (2010) Art. 9.3 Rules of Procedure of the Parliament of Georgia (2004))
Ownership of state-owned enterprises (SOEs) Yes. An MP may not engage in entrepreneurial activity. (Art. 53.1 Constitution (2010))
Holding government contracts Yes. An MP may not engage in entrepreneurial activity. (Art. 53.1 Constitution (2010))
Board member, advisor, or company officer of private firm Yes. An MP may not engage in entrepreneurial activity. He may not carry out the responsibilities of a member of a permanent managerial, supervisory, controlling, inspecting and consulting body of an entrepreneurial subject (Art. 53.1 Constitution (2010) Art. 9.3 Rules of Procedure of the Parliament of Georgia (2004))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. An MP may nothold state service. (Art. 53.1 Constitution (2010))
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Violating conflict of interest laws leads to a loss of office for MPs. (Art. 53.2 Constitution (2010))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. In case there is a supsicion of infringement by an MP, parliament can vote to set up a temporary investigative committee against corruption which is responsible for investigations and hearings on the issue. It then presents a decision which can be approved or further revised by parliament. (Art. 55.7, Art. 56 Rules of Procedure of the Parliament of Georgia (2004))

Civil servants

Restrictions

General restriction on conflict of interest Yes. Civil servants must take all measures to eliminate incompatability of interests. (Art. 73 Law on Civil Service (1997, last amended 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. A civil servant may not be a permanent head or member of a controlling, supervising or revising body of an enterprise, and may not engage in entrepreneurial activity. He/she can however possess stocks and shares. (Art. 60, 63 Law on Civil Service (1997, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. A civil servant may not be a permanent head or member of a controlling, supervising or revising body of an enterprise or engage in entreprenurial activity. (Art. 60, 63 Law on Civil Service (1997, last amended 2015))
Holding government contracts Yes. A civil servant may not engage in entreprenurial activity. (Art. 63 Law on Civil Service (1997, last amended 2015))
Board member, advisor, or company officer of private firm Yes. A civil servant may not be a permanent head or member of a controlling, supervising or revising body of an enterprise. (Art. 60 Law on Civil Service (1997, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. A civil servant cannot hold a legislative position. (Art. 64.1 Law on Civil Service (1997, last amended 2015))
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. In addition any interested party may submit an application for a public official to be excluded if he has private interest in the matter. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015 Art. 93 Constitution (2010))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Disciplinary sanctions for violations of the civil service law range from repriman and warning over reduction of pay or temporary suspension to dismissal from public service. (Art.79 Law on Civil Service (1997, last amended 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2015)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2016


Legislation

Law on Conflict of Interests and Corruption in Public Service, 2009, amended 2015 (Georgian)pdf
Constitution of Georgia, 2010 (English)pdf
Law on Civil Service, 1997, amended 2015 (Georgian)pdf
Law on the structure of Government Responsibilities and Rules for Activity, 2004 (English)pdf
Rules of Procedure of the Parliament of Georgia, 2004 (English)pdf

Freedom of Information

The legal framework governing the freedom of information in Georgia derives from the Constitution (1995) and General Administrative Code (1999, amended 2013). The Code applies to the activities of the state, local self-government bodies and institutions, as well as the activities of persons deemed to be administrative bodies and activities of legal persons under private law with funding received from the state or local budget.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Law on State Secrets (1996), and the Law on Personal Data Protection (2011). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner.  

There are no sanctions specified in the law for violations of FOI provisions except in the cases of substantial resulting damage, nor are there any enforcement or oversight bodies tasked with managing implementation. 


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage89100100
Information access and release717171
Exceptions and Overrides676767
Sanctions for non-compliance676767
Monitoring and Oversight171717

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Every citizen of Georgia shall have the right of access to information as prescribed by law, as well as to official documents about him/her stored in state institutions, unless they contain state, professional, or commercial secrets. (Article 41, Constitution of Georgia, 1995)
"Information" or "Documents" is defined Yes. l) public information – an official document (including a drawing, model, plan, layout, photograph, electronic information, or video- and audiorecording), i.e. any information stored at a public institution, as well as any information received, processed, created or sent by a public institution or public servant in connection with official activities; also any information proactively published by any public institution; (Article 2 General Administrative Code 1999, amended 2015)
Proactive disclosure is specified Yes. Under the FOIA a public institution shall be obliged to ensure proactive publication of public information in the manner and under conditions determined by the relevant subordinate normative act. Proactive information is defined as any information of public interest. The Decree on the form of electronic requests and proactive disclosure of public information sets out a list of information that must be available online. (Article 27(k) and 28(2) General Administrative Code 1999, amended 2015 Article 2, Article 3 and Appendix 1 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013)

Coverage of public and private sectors

Executive branch Yes. The code applies to the activities of the state, local self-government bodies and institutions, as well as the activities of persons deemed to be administrative bodies under this Code. (Article 3 and Article 27 General Administrative Code 1999, amended 2015)
Legislative branch Yes. The code applies to the activities of the state, local self-government bodies and institutions, as well as the activities of persons deemed to be administrative bodies under this Code. (Article 3 and Article 27 General Administrative Code 1999, amended 2015)
Judicial branch Yes. The code applies to the activities of the state, local self-government bodies and institutions, as well as the activities of persons deemed to be administrative bodies under this Code. (Article 3 and Article 27 General Administrative Code 1999, amended 2015)
Other public bodies Yes. The code applies to the activities of the state, local self-government bodies and institutions, as well as the activities of persons deemed to be administrative bodies under this Code. (Article 3 and Article 27 General Administrative Code 1999, amended 2015)
Private sector Yes. The code applies to the activities of the state, local self-government bodies and institutions, as well as the activities of legal persons under private law with funding received from the state or local budget;administrative bodies under this Code. (Article 3 and Article 27 General Administrative Code 1999, amended 2015)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Draft legislation would fall under the scope of the law and as such is available via a FOIA request. (Article 28 General Administrative Code 1999, amended 2015)
Enacted legal instruments Yes. A law and subordinate normative acts take effect only after they are published in an official journal under the Civil Code. The Constitution also requires the President to sign and promulgate an enacted law within 10 days. (Article 3 Civil Code, 1997 Article 68 Constitution, 1995 )
Annual budgets Yes. Approved and adjusted budgets must be published online quarterly. Cumulative balances of the budget must be published quarterly and annually online. The Budget Code also establishes the right of the public and mass media to review draft budgets. (Article 2 and Appendix 1 5.1 and 5.2 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 Article 4(1)(b) Budget Code 2009)
Annual chart of accounts (actual expenditures) Yes. Audit reports must be published within 2 months of being signed off. Under the FOIA "the results of auditor opinions" of public bodies cannot exempted from disclosure. The Budget Code also requires the publication of reports on the approved budgets and their fulfilment. (Article 2 and Appendix 1 5.13 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 Article 42(g) General Administrative Code 1999, amended 2015 Article 4(1)(b) Budget Code 2009 )
Annual reports of public entities and programs Yes. Annual activity reports as well as strategies, concepts and action plans created by the administrative institution must be published annually online. The FOIA prevents information on the basic principles and core areas of public institution activity from being exempted. It also requires public institutions to submit annual reports covering their FOI activities to Parliament, the President and Prime MInister and publish in the Legislative Herald of Georgia. (Appendix 1 1.3 & 1.4 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 Article 42 and Article 49 General Administrative Code 1999, amended 2015)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Everyone may gain access to official documents under the FOIA. The Constitution also sets out the right of every citizen of Georgia to have the right of access to information as prescribed by law, as well as to official documents about him/her stored in state institutions, unless they contain state, professional, or commercial secrets. (Article 37(1) General Administrative Code 1999, amended 2015 Article 41(1) Constitution of Georgia, 1995)
Type of request is specified (written, electronic, oral) Yes. Requests can be submitted in writing or electronically. (Article 37(2) and Article 78 General Administrative Code 1999, amended 2015 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 )
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework (General)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. No costs may be charged for access to information except for copying costs. (Article 38 General Administrative Code 1999, amended 2015 )

Deadlines for release of information

20-day response deadline Yes. The response deadline is 10 days. (Article 40 General Administrative Code 1999, amended 2015)
Agency granted right to extend response time No. Absent from legal framework (General)
Maximum total response time of no more than 40 days Yes. The response deadline is 10 days. (Article 40 General Administrative Code 1999, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. The Law on State Secrets specifies the definition of state secrets, their treatment, declassification, and access. (Article 1 Law on State Secrets 1996, amended 2015)
Existence of personal privacy/data law Yes. A law on the protection of personal data protects the right to privacy and personal data. The Constitution also protects the right to a private life. (Artricle 1 Law on Personal Data Protection 2011, amended 2015 Article 20 Constitution, 1995)
Specific exemptions to disclosure Yes. Exempt information includes state secrets (certain information concerning areas of defence, economy, foreign relations, intelligence, national security and law enforcement), professional secrets and their sources, commercial secrets, personal data, information gained through executive privilege, information about criminal prosecutions, investigations, decision-making on military affairs, as well as military discipline, exercising powers by the President of Georgia for appointing persons to, and dismissing them from, positions provided for in the Constitution of executing international treaties and agreements and implementing foreign policy. Names of public servants who are not political officials may not be disclosed. Certain specified types of information cannot be made confidential. (Article 7 Law on State Secrets 1996, amended 2015 Articles 3(4), Article 10, Article 11, Articles 271, 272, 273 and 274, Article 28, Article 29 and Article 42, General Administrative Code 1999, amended 2015 Articles 1(n), 11 of the Law on Freedom of Speech and Expression 2004 Article 2 and Article 5 Law on Personal Data Protection 2011, amended 2015 Article 59 of the Law on Public Service 1996, amended 2015)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. If access to public information was denied, the agency must provide an applicant with information on how to file a complaint within three days after the decision is given and must also specify those subdivisions or public agencies, which provided their suggestions regarding the decision. (Article 2, Article 12 and Article 41 General Administrative Code 1999, amended 2015)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework (General)
Judicial appeals mechanism Yes. Judicial appeal can be issued based on being denied access to public information, processing of incorrect public information, the illegal collection of personal data, or other violations of access to information law by public agencies or servants. (Article 2 and Article 47 General Administrative Code 1999, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. There are no sanctions specified in the law although material or non-material damages may be claimed by the applicant. (Article 47 General Administrative Code 1999, amended 2015 )
Fines are specified for violations of disclosure requirements Yes. Under criminal law, a fine can be imposed for interfering with the right to receive and provide information when the interference resulted in significant damage or abuse of power. A court shall determine the extent of the fine, which will depend on the gravity of the offence and the financial standing of the violator. (Article 153 Criminal Code, 1999, amended 2015 Article 24 and Article 25 Administrative Offences Code 1984)
Criminal sanctions are specified for violations of disclosure requirements Yes. An individual may receive a fine or corrective labour for up to one year in length or imprisonment for up to two years in length or be deprived of the right to occupy a position or pursue a particular activity for the term up to three years for Illegal interference into exercising the right to freedom of speech or to receive and spread information that has resulted in a considerable damage or has been perpetrated by using one’s official position. (Article 153 Criminal Code, 1999, amended 2015 Article 24 and Article 25 Administrative Offences Code 1984, amended 2015)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Each public agency must designate a public servant responsible for ensuring accessibility of information. In the case of electronic information this also covers proactive publication. (Article 36 General Administrative Code 1999, amended 2015 Article 5 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013)
Public body that is responsible for applying sanctions No. Absent from legal framework (General)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework (General)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework (General)
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2016


Legislation

Constitution of Georgia, 1995 (English)pdf
General Administrative Code 1999, amended 2015 (English)pdf
Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 (English)pdf
Civil Code, 1997 (English)pdf
Law on State Secrets 1996, amended 2015 (English)pdf
Law on Personal Data Protection 2011, amended 2015 (English)pdf
Law on Freedom of Speech and Expression, 2004, amended 2015 (English)pdf
Law on Public Service 1997, amended 2015 (English)pdf
Criminal Code, 1999, amended 2015 (English)pdf
Administrative Offences Code 1984, amended 2015 (English)pdf
Appendix 1 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 (English)pdf
Budget Code 2009 (English)pdf

Public Procurement

The Georgian public procurement system is regulated by the Law of Georgia on Public Procurement, and additional regulations are laid down in Government Decrees. The public procurement body is the State Procurement Agency (created in 2014) which is an independent organization.

The lowest minimum thresholds for conducting a public procurement tender are:

GEL 5000 (ca. 1950 EUR) for goods, works and services (in case of simplified public procurement tenders)

There is no indication on minimum number of bidders in any kind of procedure. The minimum submission period is 20 days both for open procedures, for restricted procedures and for negotiated procedures from dispatch date. There is no reference on whether final beneficial owners have to be disclosed when placing a bid or not.

There is no case for preferential treatment. Companies on the blacklist of dishonest procurement participants are excluded, but there is no disqualification based on low offer prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is no payable fee in case of an arbitration procedure, and court decisions are publicly available.


Quantitative Data

Primary Metric

201220152016Trend
Scope8282
Information availability5757
Evaluation7575
Open competition5656
Institutional arrangements6666

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) GEL 5000. for simplified procurement (Article 3(r) of Law on Public Procurement (2005, amended 2014) )
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) GEL 5000. for simplified procurement (Article 3(r) of Law on Public Procurement (2005, amended 2014) )
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) GEL 5000. for simplified procurement (Article 3(r) of Law on Public Procurement (2005, amended 2014) )

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) GEL 5000. minimum found in the Law (Article 3(r) of Law on Public Procurement (2005, amended 2014) )
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) GEL 200000. simplified procedure only within threshold GEL 5,000-200,000 (Article 3(p) of Law on Public Procurement (2005, amended 2014) )
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) GEL 50000. 0 (Article 3.1r.1 of Law on Public Procurement (2005, amended 2014) )

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) GEL 200000. simplified procedure only within threshold GEL 5,000-200,000 (Article 3(p) of Law on Public Procurement (2005, amended 2014) )
What are the minimum application thresholds for the procurement type? (Product type WORKS) GEL 200000. simplified procedure only within threshold GEL 5,000-200,000 (Article 3(p) of Law on Public Procurement (2005, amended 2014) )
What are the minimum application thresholds for the procurement type? (Product type SERVICES) GEL 200000. simplified procedure only within threshold GEL 5,000-200,000 (Article 3(p) of Law on Public Procurement (2005, amended 2014) )

Information availability

Publishing and record keeping

Which are the documents which are published in full? Qualification requirements, quantities and descriptions of goods, terms and conditions, methods to obtain further information.. 0 (Article 8, paragraph 4, of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Are any of these documents published online at a central place? yes. Unified Electronic System of State Procurement (www.procurement.gov.ge) (Article 8 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. Yes - although not explicitly mentioned in the law, all records are kept online, and are publicly searchable and available (Article 6,2,c Law on Public Procurement)
Are contracts awarded within a framework agreement published? yes. yes, in case of consolidated tenders, contracts are published in the Contracts Management Reports (CMR) module of the Unified Electronic System of Public Procurement

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? no. No mention in law
If yes, above what proportion of subcontracted value is it mandatory? Not applicable. 0

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? yes. 0 (Article 121, paragraph 6 of Law on Public Procurement (2005, amended 2014); Article 11, paragraph 7 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Are there restrictions on allowable grounds for tenderer exclusion? yes. A Blacklist of dishonest procurement particpants is kept, and those appearing on the list are excluded (Article 3(l) of Law on Public Procurement (2005, amended 2014) )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. 0
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. 0
Is there a specific set of rules for green/sustainable procurement? no. 0
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. no. no regulation

Bid evaluation

Is scoring criteria published and explicit? Yes. in case of contest design. In case of design contest, both price and quality are award criteria. (In electronic tender and simplified electronic tender there is only one criterion - the lowest price) (Article 5 of Order No 7 of the Chairman of the State Procurement Agency May 22, 2015)
Can evaluation decision be made by a single person (as opposed to a committee)? No. 0 (Article 11 of Law on Public Procurement (2005, amended 2014); Article 14, paragraph 5 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. 0 (Article 8 of Law on Public Procurement (2005, amended 2014) )
If yes, what is banned? The conditions for avoiding conflicts of interest shall apply to the following activities related to the conduct of public procurement: a) review, selection and evaluation of qualification data and tenders; 1) holding negotiations in cases provided by this Law and subordinate normative acts; 2) monitoring and supervision of the performance of a contract; 3) selection of a supplier under a simplified procurement; 4) review of design contest proposals and selection of a supplier through a design contest; 5) consideration of disputes related to public procurement. For more detailes see Article 8 of Law on Public Procurement . Not specified, merely states thay upon learning of identity of bidders any conflict must be declared, and involvement in procurement ceased (Article 8 of Law on Public Procurement)
Is some part of evaluation comitee mandatorily independent of contracting authority? no. 0
Are scoring results recorded and publicly available? yes. Yes, upon request to "all interested parties" a procurement report must be made available (Article 22(4) of Law on Public Procurement (2005, amended 2014) )
Under which conditions can the tender be cancelled? Simplified procurement, electronic tender and simplified electronic tender can be cancelled any time by the CA if there are "reasons beyond it's control and objective reasons that could not be foreseen, as well as based on Georgia's state and/or pubvlic interests". 0 (Article 7(1c) of Law on Public Procurement (2005, amended 2014) )

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Tender notices must be posted on the Unified Electronic System of State Procurement & in the newspaper "24 saati". 0 (Article 12 of Law on Public Procurement (2005, amended 2014) )
Where should the call for tenders be published? (Procedure type: RESTRICTED) does not apply. 0 (Article 12 of Law on Public Procurement (2005, amended 2014) )
Where should the call for tenders be published? (Procedure type: NEGOTIATED) does not apply. 0 (Article 12 of Law on Public Procurement (2005, amended 2014) )

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED Not specified. No mention in law
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED Not specified. No mention in law
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE Not specified. No mention in law

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 20. In case of electronic tenders (in case of simplified procurement, it is only 3) (Article 12 1.(8) of Law on Public Procurement (2005, amended 2014) )
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) does not apply. (Article 12 1.(8) of Law on Public Procurement (2005, amended 2014) )
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) does not apply. (Article 12 1.(8) of Law on Public Procurement (2005, amended 2014) )

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? exceptions: 1) state procurement related to performing money-and-credit and currency policy by the National Bank of Georgia; 2) state procurement conducted by religious organisations; 3) state procurement of electricity, guaranteed power supply, natural gas and water supply; 4) state procurement of a motor vehicle for Georgia’s diplomatic mission and a consulate abroad, defense attaché, as well as for a representative of the Ministry of Defense of Georgia, the Ministry of Internal affairs of Georgia, and the State Security Service of Georgia; 5) state procurement to support organizing meetings and visits of the President of Georgia, Chairman of the Parliament of Georgia, Prime Minister of Georgia, a minister of Georgia, state minister of Georgia and/or mayor of Tbilisi, receptions for the delegations at the Parliament of Georgia and visits of Parliamentary delegations of Georgia abroad, provide support with organizing receptions of delegations at the Ministry of Foreign Affairs of Georgia and visits of the Ministry of Foreign Affairs of Georgia delegations abroad, as well as state procurement to be conducted using the funds allocated from reserve funds of the President of Georgia, Government of Georgia and Tbilisi City Hall; 6) public procurement related to state secrets; 9) other particular cases (for full exceptions list see Article 1 of the Law of Georgia on State Procurement).. for full exceptions list see Article 1 of the Law of Georgia on State Procurement (Artice 1, Law on Public Procurement (2005, amended 2014))
What are the main types of institutions which have to apply the public procurement law? any procurement taking place with government funds, including state enterprises, local government and entities using credit and investment funds received under state guarantee. 0 (Article 3(a) of Law on Public Procurement (2005, amended 2014) )
What are the main procedure types or procurement methods permitted by law? Simplified Procurement, Simplified Electronic Tender, Electronic Tender, Design Contest and Consolidated Tender. 0 (Article 3 of Law on Public Procurement )
Is there a procurement arbitration court dedicated to public procurement cases? no. Appeals are submitted to Procurement Related Dispute Resolution Board, which is dedicated body for resolving public procurement related disputes. Appels are submitted electronicaly through Unified Electronic System of Public Procurement. Interested parties can also, appeal the actions of a contracting authority or of a tender committee to the contracting authority or to a court. (Article 23 of Law on Public Procurement (2005, amended 2014); Order No 1 of the Chairman of the State Procurement Agency February 27, 2015 )
Is there a procurement regulatory body dedicated to public procurement? yes. State Procurement Agency, An independent legal entity under public law (Article 4 of Law on Public Procurement (2005, amended 2014) )
Is the procurement regulatory body independent? Yes.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. No mention in law
Is disclosure of final, beneficial owners required for placing a bid? Not specified. 0

Complaints

Is there a fee for arbitration procedure? no. 0
If yes, how much Not applicable. 0 (Article 19 1 of Law on Public Procurement (2005, amended 2014) )
Is there a ban on contract signature until arbitration court decision (first instance court)? yes. suspended (Article 23(11) of Law on Public Procurement (2005, amended 2014) )
What is the maximum number of days until arbitration court decision from filing a complaint? 10 working days. 0 (Article 23(5) of Law on Public Procurement (2005, amended 2014) )
Are arbitration court decisions required to be publicly released? yes. on website

Qualitative data for 2016


Legislation

Law on Public Procurement (2005, amended 2014) missing file:
Order No 9 of the Chairman of the State Procurement Agency April 7, 2011missing file:
Order No 7 of the Chairman of the State Procurement Agency May 22, 2015missing file:
Order No 1 of the Chairman of the State Procurement Agency February 27, 2015missing file: