EUROPAM

European Public Accountability Mechanisms

Georgia

Country score (European Average*)
  • 87(66) Political Financing
  • 86(53) Financial Disclosure
  • 58(37) Conflict of Interest
  • 64(59) Freedom of Information
  • 50(62) Public Procurement

Country Facts

IncomeLower middle
GNI per capita (2011 PPP $)8789.97
Population, total3719300.00
Urban population (% of total)53.83
Internet users (per 100 people)50.00
Life expectancy at birth (years)72.97
Mean years of schooling (years)12.2
Global Competitiveness Index4.3
Sources: World Bank, UNDP, WEF.

Political Financing

The Organic Law on Political Unions of Citizens (1997, amended 2016) Election Code 2012, updated in 2016, 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

20122015201620172020Trend
Bans and limits on private income10089897272
Public funding7575757575
Regulations on spending100100100100100
Reporting, oversight and sanctions100100100100100

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) natural 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 2016)
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 2016 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Donations are prohibited only for non-entrepreneurial (non-commercial) legal persons (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
Is there a ban on corporate donations to candidates? Yes. Donations are prohibited only for non-entrepreneurial (non-commercial) legal persons (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
Is there a ban on donations from corporations with government contracts to political parties? Yes. Donations are prohibited from state organisations, legal persons under public law, state-owned enterprises, except for the cases set out in this Law. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Donations are prohibited from state organisations, legal persons under public law, state-owned enterprises, except for the cases set out in this Law. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
Is there a ban on donations from corporations with government contracts to candidates? Yes. Donations are prohibited from state organisations, legal persons under public law, state-owned enterprises, except for the cases set out in this Law. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2017)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Donations are prohibited from state organisations, legal persons under public law, state-owned enterprises, except for the cases set out in this Law. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2018)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Not explicitely mentioned.
Is there a ban on donations from Trade Unions to candidates? No. Not explicitely mentioned.

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Prohibited to accept donations received anonymously. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
Is there a ban on anonymous donations to candidates? Yes. Prohibited to accept donations received anonymously. (Article 54, Election Code, 2001, amended 2016 Article 26 Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)

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 2016)
Is there a ban on any other form of donation? Yes. Religious organizations. (Article 26, Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)

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 2016)
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 2016 Article 30(2), Organic Law of Georgia on political unions of citizens, 1997, amended 2016)
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. The budget funding to be received by a party shall be calculated in accordance with the following formula: Z=B+(M*600*12)+(L*100*12)+(V*1,5)+(W*1)+(H), Where Z means the amount of budgetary funding to be received by a party; B - the amount of basic funding; M - the number of Members of Parliament equal to 30 or up to 30 elected under a proportional system; L - the number of Members of Parliament above 30 elected under a proportional system; V - the number of votes received from up to 200,000 voters; W - the number of the votes received from more than 200,000 voters; H - a party that has been registered with the Georgian Central Election Commission for the purpose of participating in the recent parliamentary elections and whose members have been elected to the Parliament of Georgia, provided that the given party creates a parliamentary faction. For the purposes of the given formula H=GEL 300,000. (Article 30(4), Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
Allocation calculations for direct public funding to political parties: Equal Yes. The budget funding to be received by a party shall be calculated in accordance with the following formula: Z=B+(M*600*12)+(L*100*12)+(V*1,5)+(W*1)+(H), Where Z means the amount of budgetary funding to be received by a party; B - the amount of basic funding; M - the number of Members of Parliament equal to 30 or up to 30 elected under a proportional system; L - the number of Members of Parliament above 30 elected under a proportional system; V - the number of votes received from up to 200,000 voters; W - the number of the votes received from more than 200,000 voters; H - a party that has been registered with the Georgian Central Election Commission for the purpose of participating in the recent parliamentary elections and whose members have been elected to the Parliament of Georgia, provided that the given party creates a parliamentary faction. For the purposes of the given formula H=GEL 300,000. (Article 30(4), Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
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 2016)

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 2016)
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 2016)
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 2016)
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 2016)
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 2016)
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. A party receiving funding under this article shall receive a bonus of 30% of the basic funding if, in the election list presented by this party or by the relevant electoral bloc (in the case of local self-government elections, in all party lists) at the elections based on the results of which they received funding, at least 30% of female candidates are included in the first, second and every subsequent 10 candidates. (Article 30(7.1), Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
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 2016 Article 164.1, Criminal Code of Georgia, 1999, amended 2016)
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 2016)
Are there limits on the amount a political party can spend? Yes. Article 25 The total amount of expenses incurred by a party or electoral subject during the year may not exceed 0.1% of the gross domestic product of Georgia of the previous year. The given amount shall include expenses incurred by the party or electoral subject and by other persons for the benefit of the party or electoral subject, and which have been determined by the State Audit Office and which have been notified to the party or electoral subject concerned. (Article 25.1(1) Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)
Are there limits on the amount a candidate can spend? Yes. Article 25 The total amount of expenses incurred by a party or electoral subject during the year may not exceed 0.1% of the gross domestic product of Georgia of the previous year. The given amount shall include expenses incurred by the party or electoral subject and by other persons for the benefit of the party or electoral subject, and which have been determined by the State Audit Office and which have been notified to the party or electoral subject concerned. (Article 25.1(1) Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2016)

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 2016)
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 2016 Article 57(3), Election Code, 2001, amended 2016 )
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 2016)
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 2016 )
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 2016)
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 2016 Article 32(1), Organic Law of Georgia on Political Unions of Citizens 1997, amended 2016)
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 2016)
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 2016)
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 2016)
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 fulfil the statutory obligation related to the provision of information specified in this Law upon the request of the State Audit Office shall result in a fine of GEL 500 for a natural person, and GEL 2,000 for legal persons. (Article 34.2(4)&(5), Organic Law of Georgia on Political Unions of Citizens 1997, amended 2016)
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 2016)
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. The court shall, within 15 days after receiving the relevant materials, review the issue of approval of the administrative offence report and render a decision. The court decision may be appealed only once to the Court of Appeals within 10 days after the service of the court decision. The Court of Appeals shall render a decision not later than 15 days after the receipt of the appeal. The decision shall be final and subject to no appeal. (Article 34.2(12)&(13), Organic Law of Georgia on Political Unions of Citizens 1997, amended 2016)
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

Legislation

Organic Law of Georgia on Political Unions of Citizens, 1997, amended 2015 (English)pdf
Election Code, 2001, amended 2015 (English)pdf
Criminal Code, 1999, amended 2016 (English)pdf

*Last update: 2017


Financial Disclosure

The Georgian Law on Conflicts of Interests (2009, last amended 2016) 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 over GEL 1,500), 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. The Civil Service Bureau receives and keeps official’s asset declarations and monitors their compliance with Georgian legislation.

Civil Servants are not required to submit declarations of assets. However, they may not carry out any entrepreneurial activities, hold stocks or a share in enterprise. With some exceptions they may not perform any kind of paid work and must disclose whether there are any relatives working in the same administrative agency. Civil servants should also comply with certain post-employment limitations, set out in Law on Conflicts of Interest. The Law on public service (last amended in 2016) includes limitations on the holdings of government contracts, such as purchasing a property of the entrusted institution.


Quantitative Data

Primary Metric

20122015201620172020Trend
Disclosure items7979796479
Filing frequency7575755675
Sanctions10010010075100
Monitoring and Oversight100505075100
Public access to declarations7575755675

Alternative Metric

20122015201620172020Trend
Head of State8676768686
Ministers8676768686
Members of Parliament8676768686
Civil servants867676486

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. The declaration shall contain information about family members ( Article 15 of the Law on Conflict of Interests (1997, amended 2020))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 (d) of the Law on Conflict of Interests (1997, amended 2020))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 (e) of the Law on Conflict of Interests (1997, amended 2020))
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 (f), (g), (h) of the Law on Conflict of Interests (1997, amended 2020))
Loans and Debts No. Absent from the legal framework
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 (i), (j), (k), (m) of the Law on Conflict of Interests (1997, amended 2020))
Incompatibilities
Gifts received as a public official Yes. Public officials are required to disclose gifts of value, which exceeds GEL 500. ( Article 15 (l) of the Law on Conflict of Interests (1997, amended 2020))
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 2020))
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 2020))
Holding government contracts No. Not covered in the law. (General)
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 2020))
Post-employment No. Not covered in the law. (General)
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law. (General)
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 11 of the Law on Conflict of Interests (1997, amended 2020))
Concurrent employment of family members in public sector No. Not covered in the law. (General)

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 (1) of the Law on Conflict of Interests (1997, amended 2020))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within an year after dismissal ( Article 14 (3) of the Law on Conflict of Interests (1997, amended 2020))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 14 (2) of the Law on Conflict of Interests (1997, amended 2020))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within the time limit under Article 14 of this Law shall be subject to a fine in the amount of GEL 1 000, for which an individual administrative act - a decree imposing a fine - shall be issued. (Article 20 (1) of the Law on Conflict of Interests (1997, amended 2020))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within two weeks after the entry into force of a decree imposing a fine or of a court decision (ruling) shall result in the imposition of criminal liability on the person. The imposition of criminal liability shall not exempt the person from the obligation of submitting a declaration. In such case, the person shall submit the declaration within two weeks after the date when the judgement of conviction enters into force. (Article 20 (4) of the Law on Conflict of Interest (1997, amended 2019) )
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 (1999, amended 2020))

Monitoring and Oversight

Depository body explicitly identified Yes. The Civil Service Bureau shall ensure the receipt of official's asset declarations, the public availability of property conditions of relevant officials and the control over the submission of declarations according to the legislation of Georgia. The Bureau shall also perform other functions provided for by the legislation of Georgia. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Enforcement body explicitly identified Yes. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Some agency assigned responsibility for verifying submission Yes. The Civil Service Bureau receives and keeps the official's asset declarations completed by officials and monitor their compliance with the legislation of Georgia (Article 18 (2) (c) of the Law on Conflict of Interest (1997, amended 2019))
Some agency assigned responsibility for verifying accuracy Yes. The Civil Service Bureau shall monitor the entry of full and correct data into official's asset declarations and the compliance of completed declarations with the legislation of Georgia (Article 18.1 (1) of the Law on Conflict of Interest (1997, amended 2019))

Public access to declarations

Public availability Yes. Any person may request to receive a copy of a completed official's asset declaration and review it, except for the personal number, address of the place of permanent residence and telephone number, information related to the period before first appointment and/or the period after dismissal provided for by Article 15(j) of this Law, and the secret field of the declaration ( Articles 19 (1) of the Law on Conflict of Interests (1997, amended 2020))
Timing of information release specified No. Absent from the legal framework (General)
Location(s) of access specified Yes. All declarations are kept by Civil Service Bureau. ( Article 18 (1) of the Law on Conflict of Interests (1997, amended 2020))
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 (3) of the Law on Conflict of Interests (1997, amended 2020))

Ministers

Disclosure items

Spouses and children included in disclosure Yes. The declaration shall contain information about family members ( Article 15 of the Law on Conflict of Interests (1997, amended 2020))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 (d) of the Law on Conflict of Interests (1997, amended 2020))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 (e) of the Law on Conflict of Interests (1997, amended 2020))
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 (f), (g), (h) of the Law on Conflict of Interests (1997, amended 2020))
Loans and Debts No. Absent from the legal framework
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 (i), (j), (k), (m) of the Law on Conflict of Interests (1997, amended 2020))
Incompatibilities
Gifts received as a public official Yes. Public officials are required to disclose gifts of value, which exceeds GEL 500 ( Article 15 (l) of the Law on Conflict of Interests (1997, amended 2020))
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 2020))
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 2020))
Holding government contracts No. Not covered in the law. (General)
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 2020))
Post-employment No. Not covered in the law. (General)
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law. (General)
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 2020))
Concurrent employment of family members in public sector No. Not covered in the law. (General)

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 (1) of the Law on Conflict of Interests (1997, amended 2020))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within an year after dismissal ( Article 14 (3) of the Law on Conflict of Interests (1997, amended 2020))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 14 (2) of the Law on Conflict of Interests (1997, amended 2020))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within the time limit under Article 14 of this Law shall be subject to a fine in the amount of GEL 1 000, for which an individual administrative act - a decree imposing a fine - shall be issued. (Article 20 (1) of the Law on Conflict of Interests (1997, amended 2020))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within two weeks after the entry into force of a decree imposing a fine or of a court decision (ruling) shall result in the imposition of criminal liability on the person. The imposition of criminal liability shall not exempt the person from the obligation of submitting a declaration. In such case, the person shall submit the declaration within two weeks after the date when the judgement of conviction enters into force. (Article 20 (4) of the Law on Conflict of Interest (1997, amended 2019) )
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 (1999, amended 2020))

Monitoring and Oversight

Depository body explicitly identified Yes. The Civil Service Bureau shall ensure the receipt of official's asset declarations, the public availability of property conditions of relevant officials and the control over the submission of declarations according to the legislation of Georgia. The Bureau shall also perform other functions provided for by the legislation of Georgia. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Enforcement body explicitly identified Yes. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Some agency assigned responsibility for verifying submission Yes. The Civil Service Bureau receives and keeps the official's asset declarations completed by officials and monitor their compliance with the legislation of Georgia (Article 18 (2) (c) of the Law on Conflict of Interest (1997, amended 2019))
Some agency assigned responsibility for verifying accuracy Yes. The Civil Service Bureau shall monitor the entry of full and correct data into official's asset declarations and the compliance of completed declarations with the legislation of Georgia (Article 18.1 (1) of the Law on Conflict of Interest (1997, amended 2019))

Public access to declarations

Public availability Yes. Any person may request to receive a copy of a completed official's asset declaration and review it, except for the personal number, address of the place of permanent residence and telephone number, information related to the period before first appointment and/or the period after dismissal provided for by Article 15(j) of this Law, and the secret field of the declaration ( Articles 19 (1) of the Law on Conflict of Interests (1997, amended 2020))
Timing of information release specified No. Absent from the legal framework (General)
Location(s) of access specified Yes. All declarations are kept by Civil Service Bureau. ( Article 18 (1) of the Law on Conflict of Interests (1997, amended 2020))
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 (3) of the Law on Conflict of Interests (1997, amended 2020))

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. The declaration shall contain information about family members ( Article 15 of the Law on Conflict of Interests (1997, amended 2020))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 (d) of the Law on Conflict of Interests (1997, amended 2020))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 (e) of the Law on Conflict of Interests (1997, amended 2020))
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 (f), (g), (h) of the Law on Conflict of Interests (1997, amended 2020))
Loans and Debts No. Absent from the legal framework
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 (i), (j), (k), (m) of the Law on Conflict of Interests (1997, amended 2020))
Incompatibilities
Gifts received as a public official Yes. The Member of Parliament is obliged to declare that gift, prescribed by the Georgian legislation within a month's time in the register of gifts, that’s market value exceeds 300 GEL. In the registry of the gift must be indicated: the name and surname of the Recipient member of Parliament, the name and surname of the presenter (in case of legal person - name of legal person), the date of gift receipt, the description of the gift and market value. The gift registry is public and is conducted by the Secretariat of the Council of Ethics. ( Article 3 (D) of the Code of Ethics of the Members of Parliament of Georgia 2019)
Private firm ownership and/or stock holdings Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 300), and any other income (the amount of which exceeds GEL 1,500). Combining entrepreneurial activity or any position in public service with the status of a Member of Parliament shall be inadmissible. Incompatibility cases are determined by Georgian legislative acts. (Article 15 of the Law on Conflict of Interests (1997, amended 2020) Article 3 (E) (D) of the Code of Ethics of the Members of Parliament of Georgia 2019)
Ownership of state-owned enterprises (SOEs) Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 300), and any other income (the amount of which exceeds GEL 1,500). Combining entrepreneurial activity or any position in public service with the status of a Member of Parliament shall be inadmissible. Incompatibility cases are determined by Georgian legislative acts. (Article 15 of the Law on Conflict of Interests (1997, amended 2020) Article 3 (E) (D) of the Code of Ethics of the Members of Parliament of Georgia 2019)
Holding government contracts No. Not covered in the law. (General)
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 300), and any other income (the amount of which exceeds GEL 1,500). Combining entrepreneurial activity or any position in public service with the status of a Member of Parliament shall be inadmissible. Incompatibility cases are determined by Georgian legislative acts. (Article 15 of the Law on Conflict of Interests (1997, amended 2020) Article 3 (E) (D) of the Code of Ethics of the Members of Parliament of Georgia 2019)
Post-employment No. Not covered in the law. (General)
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law. (General)
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 2020))
Concurrent employment of family members in public sector No. Not covered in the law. (General)

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 (1) of the Law on Conflict of Interests (1997, amended 2020))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within an year after dismissal ( Article 14 (3) of the Law on Conflict of Interests (1997, amended 2020))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 14 (2) of the Law on Conflict of Interests (1997, amended 2020))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within the time limit under Article 14 of this Law shall be subject to a fine in the amount of GEL 1 000, for which an individual administrative act - a decree imposing a fine - shall be issued. (Article 20 (1) of the Law on Conflict of Interests (1997, amended 2020))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within two weeks after the entry into force of a decree imposing a fine or of a court decision (ruling) shall result in the imposition of criminal liability on the person. The imposition of criminal liability shall not exempt the person from the obligation of submitting a declaration. In such case, the person shall submit the declaration within two weeks after the date when the judgement of conviction enters into force. (Article 20 (4) of the Law on Conflict of Interest (1997, amended 2019) )
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 (1999, amended 2020))

Monitoring and Oversight

Depository body explicitly identified Yes. The Civil Service Bureau shall ensure the receipt of official's asset declarations, the public availability of property conditions of relevant officials and the control over the submission of declarations according to the legislation of Georgia. The Bureau shall also perform other functions provided for by the legislation of Georgia. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Enforcement body explicitly identified Yes. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Some agency assigned responsibility for verifying submission Yes. The Civil Service Bureau receives and keeps the official's asset declarations completed by officials and monitor their compliance with the legislation of Georgia. Also, the Ethics Council established with the Code of Ethics of the Member of Parliament of Georgia monitors the violations concerning gifts declarations fo MPs (which are more stringent as provided by for the Code of Ethics) (Article 18 (2) (c) of the Law on Conflict of Interest (1997, amended 2019) Article 4(2) of the Code of Ethics of the Members of Parliament of Georgia 2019)
Some agency assigned responsibility for verifying accuracy Yes. The Civil Service Bureau shall monitor the entry of full and correct data into official's asset declarations and the compliance of completed declarations with the legislation of Georgia. Also, the Ethics Council established with the Code of Ethics of the Member of Parliament of Georgia monitors the violations concerning gifts declarations fo MPs (which are more stringent as provided by for the Code of Ethics) (Article 18.1 (1) of the Law on Conflict of Interest (1997, amended 2019) Article 4(2) of the Code of Ethics of the Members of Parliament of Georgia 2019)

Public access to declarations

Public availability Yes. Any person may request to receive a copy of a completed official's asset declaration and review it, except for the personal number, address of the place of permanent residence and telephone number, information related to the period before first appointment and/or the period after dismissal provided for by Article 15(j) of this Law, and the secret field of the declaration ( Articles 19 (1) of the Law on Conflict of Interests (1997, amended 2020) )
Timing of information release specified No. Absent from the legal framework (General)
Location(s) of access specified Yes. All declarations are kept by Civil Service Bureau. ( Article 18 (1) of the Law on Conflict of Interests (1997, amended 2020))
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 (3) of the Law on Conflict of Interests (1997, amended 2020))

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. The declaration shall contain information about family members ( Article 15 of the Law on Conflict of Interests (1997, amended 2020))
Income and Assets
Real estate Yes. Public officials are required to disclose immovable property. ( Article 15 (d) of the Law on Conflict of Interests (1997, amended 2020))
Movable assets Yes. Public officials are required to disclose movable property where value exceeds GEL 10,000. ( Article 15 (e) of the Law on Conflict of Interests (1997, amended 2020))
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 (f), (g), (h) of the Law on Conflict of Interests (1997, amended 2020))
Loans and Debts No. Absent from the legal framework
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 (i), (j), (k), (m) of the Law on Conflict of Interests (1997, amended 2020))
Incompatibilities
Gifts received as a public official Yes. Public officials are required to disclose gifts of value, which exceeds GEL 500 ( Article 15 (l) of the Law on Conflict of Interests (1997, amended 2020))
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 2020))
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 2020))
Holding government contracts No. Not covered in the law. (General)
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 2020))
Post-employment No. Not covered in the law. (General)
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law. (General)
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 2020))
Concurrent employment of family members in public sector No. Not covered in the law. (General)

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 (1) of the Law on Conflict of Interests (1997, amended 2020))
Filing required upon leaving office Yes. Public officials are required to submit an income and asset declaration within an year after dismissal ( Article 14 (3) of the Law on Conflict of Interests (1997, amended 2020))
Filing required annually Yes. Public officials are required to submit an income and asset declaration annually. ( Article 14 (2) of the Law on Conflict of Interests (1997, amended 2020))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within the time limit under Article 14 of this Law shall be subject to a fine in the amount of GEL 1 000, for which an individual administrative act - a decree imposing a fine - shall be issued. (Article 20 (1) of the Law on Conflict of Interests (1997, amended 2020))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Failure to submit an official's asset declaration within two weeks after the entry into force of a decree imposing a fine or of a court decision (ruling) shall result in the imposition of criminal liability on the person. The imposition of criminal liability shall not exempt the person from the obligation of submitting a declaration. In such case, the person shall submit the declaration within two weeks after the date when the judgement of conviction enters into force. (Article 20 (4) of the Law on Conflict of Interest (1997, amended 2019) )
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 (1999, amended 2020))

Monitoring and Oversight

Depository body explicitly identified Yes. The Civil Service Bureau shall ensure the receipt of official's asset declarations, the public availability of property conditions of relevant officials and the control over the submission of declarations according to the legislation of Georgia. The Bureau shall also perform other functions provided for by the legislation of Georgia. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Enforcement body explicitly identified Yes. A head of the Bureau issues a resolution on fine pursuant to simple administrative procedure. (Article 18 (1) of the Law on Conflict of Interest (1997, amended 2019))
Some agency assigned responsibility for verifying submission Yes. The Civil Service Bureau receives and keeps the official's asset declarations completed by officials and monitor their compliance with the legislation of Georgia (Article 18 (2) (c) of the Law on Conflict of Interest (1997, amended 2019))
Some agency assigned responsibility for verifying accuracy Yes. The Civil Service Bureau shall monitor the entry of full and correct data into official's asset declarations and the compliance of completed declarations with the legislation of Georgia (Article 18.1 (1) of the Law on Conflict of Interest (1997, amended 2019))

Public access to declarations

Public availability Yes. Any person may request to receive a copy of a completed official's asset declaration and review it, except for the personal number, address of the place of permanent residence and telephone number, information related to the period before first appointment and/or the period after dismissal provided for by Article 15(j) of this Law, and the secret field of the declaration ( Articles 19 (1) of the Law on Conflict of Interests (1997, amended 2020))
Timing of information release specified No. Absent from the legal framework (General)
Location(s) of access specified Yes. All declarations are kept by Civil Service Bureau. ( Article 18 (1) of the Law on Conflict of Interests (1997, amended 2020))
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 (3) of the Law on Conflict of Interests (1997, amended 2020))

Legislation

Law on Conflict of Interest and Corruption in Public Service of 1997_GEO (Georgian)pdf
Criminal Code of Georgia of 1999_GEO (Georgian)pdf
Code of Ethics of the Members of Parliament of 2019_GEO (Georgian)pdf

*Last update: 2017


Conflict of Interest

Conflict of interest restrictions for the Head of State and Ministers of Georgia are specified in the Law on Conflicts of Interests (2009, last amended 2016). 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 for the Head of the State, 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 2016) 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, enforcement body is specified only for MPs. In case of a MP is suspected of infringing rules, the Parliament may establish a temporary investigative committee against corruption acting as an enforcement body.


Quantitative Data

Primary Metric

20122015201620172020Trend
Restrictions7568686875
Sanctions5017171750
Monitoring and Oversight5062626250

Alternative Metric

20122015201620172020Trend
Head of State6640404066
Ministers5437373754
Members of Parliament6268686862
Civil servants5151515151

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 No. Absent from legal framework. (General)
Accepting gifts Yes. There are restrictions on a piece of property or service, or full or partial waiver of material obligation given to a public official or his/her family member for free or in discounted conditions as an exception from the common rule. (Article 5 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Private firm ownership and/or stock holdings Yes. A public official, or his/her family member, is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. A civil servant must transfer his/her share of the capital (holding of shares) in the enterprise to another person by warrant for the time of the service in accordance with rules and conditions determined by the legislation. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) Article 66 of the Law on Civil Service (1997))
Ownership of state-owned enterprises (SOEs) Yes. A public official, or his/her family member, is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. A civil servant must transfer his/her share of the capital (holding of shares) in the enterprise to another person by warrant for the time of the service in accordance with rules and conditions determined by the legislation. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) Article 66 of the Law on Civil Service (1997))
Holding government contracts Yes. A public official does not have the right to enter into contact with that State agency where she/he holds a position. Moreover, a public official does not have the right to enter into contract, in the capacity of a public official, with their own close relative or his/her representative. Such contracts are invalid. (Article 10 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Board member, advisor, or company officer of private firm Yes. The Head of State shall not have the right to hold any other position except for a party position, engage in entrepreneurial activity, receive salary or another permanent remuneration for any other activity. (Article 13 of the Law on Conflict of Interest in Civil Service and Corruption (2009) Article 72 of the Constitution (1995))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. The President cannot hold any other position except a political party position. (Article 72 of the Constitution (1995))
Participating in official decision-making processes that affect private interests Yes. Public officials are prohibited from participating in administrative proceedings when: (a) he has a personal interest in favor of any party; (b) he is a relative of an interested party or its proxy; (c) he acts as a proxy to an interested party; (d) he acted as an expert on a given issue; (e) he is engaged in a labor relation with an interested party; (f) he or any member of his family owns stocks of or a share in an authorized capital of the enterprise that acts as an interested party. 2. Under this Code, relatives include: (a) a spouse, spouse’s siblings and lineal relatives, (b) siblings of ascendants, and (c) siblings and their spouses and children. (Article 92 of the General Administrative Code of Georgia (1999) )
Assisting family or friends in obtaining employment in public sector Yes. Public officials are prohibited from appointing close relatives on posts under his/her work supervision except in cases of appointment by competition. (Article 13 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. In the case of a violation of the Constitution, not less than one third of the total number of the Members of the Parliament shall be entitled to raise the question about dismissal, in accordance with the impeachment procedure of the President. (Article 64 of the Constitution of Georgia (1995) )
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. There are sanctions for violations of COI regulations restricting behavior. (Articles 337, 340 of Penal Code (1997))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. In the case of a violation of the constitution, not less than one third of the total number of the Members of Parliament shall be entitled to raise the question about dismissal, in accordance with the impeachment procedure of the President. An Investigative Parliamentary Commission can be created as enforcement body. (Article 64 of the Constitution of Georgia (1995) Article 54 of Rules of Parliament of Georgia (2004) )

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. There are restrictions on a piece of property or service, or full or partial waiver of material obligation given to a public official or his/her family member for free or in discounted conditions as an exception from the common rule. (Article 5 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Private firm ownership and/or stock holdings Yes. A public official or his/her family member is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. A Member of Government is prohibited from owning shares in any enterprise registered in Georgia which is under the control of the official or his/her service. Also, the Official is prohibited to hold any position in any enterprise. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Ownership of state-owned enterprises (SOEs) Yes. A public official or his/her family member is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. A Member of Government is prohibited from owning shares in any enterprise registered in Georgia which is under the control of the official or his/her service. Also, the Official is prohibited to hold any position in any enterprise. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Holding government contracts Yes. A public official does not have the right to enter into a contract with that State agency where she/he holds a position. Moreover, a public official does not have the right to enter into a contract, in the capacity of a public official, with their own close relatives or his/her representative. Such contracts are invalid. (Article 10 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Board member, advisor, or company officer of private firm Yes. A Member of the Government shall not have the right to hold any position, except for a party position, establish an enterprise, engage in entrepreneurial activity or receive a salary from any other activity, with the exception of scientific and pedagogical activity. (Article 812 of the Constitution (1995))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. A Member of the Government cannot hold any other position except for a party position. (Article 812 of the Constitution (1995))
Participating in official decision-making processes that affect private interests Yes. Public officials are prohibited from participating in administrative proceedings when: (a) he has a personal interest in favor of any party; (b) he is a relative of an interested party or its proxy; (c) he acts as a proxy to an interested party; (d) he acted as an expert on a given issue; (e) he is engaged in a labor relation with an interested party; (f) he or any member of his family owns stocks of or a share in an authorized capital of the enterprise that acts as an interested party. 2. Under this Code, relatives include: (a) a spouse, spouse’s siblings and lineal relatives, (b) siblings of ascendants, and (c) siblings and their spouses and children. (Article 92 of the General Administrative Code of Georgia (1999) )
Assisting family or friends in obtaining employment in public sector Yes. Public officials are prohibited from appointing close relatives on posts under his/her work supervision except in cases of appointment by competition. (Article 13 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. In the case of a violation of the Constitution, not less than one third of the total number of the members of the Parliament shall be entitled to raise the question about dismissal, in accordance with the impeachment procedures of a Member of Government. (Article 64 of the Constitution of Georgia (1995) )
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. In the case of a violation of the constitution, not less than one third of the total number of the Members of Parliament shall be entitled to raise the question about dismissal, in accordance with the impeachment procedure of the President. An Investigative Parliamentary Commission can be created as enforcement body. (Article 64 of the Constitution of Georgia (1995) Article 54 of Rules of Parliament of Georgia (2004) )

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. There are restrictions on a piece of property or service, or full or partial waiver of material obligation given to a public official or his/her family member for free or in discounted conditions as an exception from the common rule. (Article 5 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Private firm ownership and/or stock holdings Yes. A public official, or his/her family member, is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Ownership of state-owned enterprises (SOEs) Yes. A public official, or his/her family member, is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. MPs are prohibited from being personally engaged in permanent leadership, supervisory, monitoring, inspection or advisory agencies of business entities. (Article 8 of the Law on the Status of the Member of Parliament (1998) )
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. The status of a Member of Parliament is incompatible with any position in public office. (Article 8 of the Law on the Status of the Member of Parliament (1998))
Participating in official decision-making processes that affect private interests Yes. Public officials are prohibited from participating in administrative proceedings when: (a) he has a personal interest in favor of any party; (b) he is a relative of an interested party or its proxy; (c) he acts as a proxy to an interested party; (d) he acted as an expert on a given issue; (e) he is engaged in a labor relation with an interested party; (f) he or any member of his family owns stocks of or a share in an authorized capital of the enterprise that acts as an interested party. 2. Under this Code, relatives include: (a) a spouse, spouse’s siblings and lineal relatives, (b) siblings of ascendants, and (c) siblings and their spouses and children. (Article 92 of the General Administrative Code of Georgia (1999) )
Assisting family or friends in obtaining employment in public sector Yes. Public officials are prohibited from appointing close relatives to posts under his/her work supervision, except in cases of appointment by competition. (Article 13 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Parliament will terminate the office of a Member prior to its expiration if s/he will occupy the position incompatible with the status of a Parliament member or is engaged in an activity incompatible with such a status. (Article 4 of the Rules of the Parliament of Georgia (2004))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. There are sanctions for violations of COI regulations restricting behavior. (Articles 337, 340 of Penal Code (1997))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. The Parliament will terminate the office of a Member prior to its expiration if s/he will occupy a position incompatible with the status of a Parliament member or is engaged in the activity incompatible with such status. (General)

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. There are restrictions on a piece of property or service, or full or partial waiver of material obligation given to a public official or his/her family member for free or in discounted conditions as an exception from the common rule. (Article 5 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Private firm ownership and/or stock holdings Yes. A public official or his/her family member is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. A civil servant must transfer his/her share of the capital (holding of shares) in the enterprise to another person by warrant for the time of the service in accordance with rules and conditions determined by the legislation. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) Article 66 of the Law on Civil Service (1997))
Ownership of state-owned enterprises (SOEs) Yes. A public official or his/her family member is prohibited from possessing stock or shares in the enterprise which is subject to the supervisory control of this official or his agency. A civil servant must transfer his/her share of the capital (holding of shares) in the enterprise to another person by warrant for the time of the service in accordance with rules and conditions determined by the legislation. (Article 13 (5) of the Law on Conflict of Interest in Civil Service and Corruption (2009) Article 66 of the Law on Civil Service (1997))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. A public official does not have the right to occupy any position in any enterprise. (Article 13 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Post-employment Yes. For three years from the day of expiration of his/her term of office the former civil servant is not allowed to enter into employment in the institution or start activity in the enterprise which was under his/her systematic supervision for last 3 years. Neither has he/she the right to receive income from this enterprise/or institution. (Article 65 of the Law on Civil Service (1997))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests Yes. Public officials are prohibited from participating in administrative proceedings when: (a) he has a personal interest in favor of any party; (b) he is a relative of an interested party or its proxy; (c) he acts as a proxy to an interested party; (d) he acted as an expert on a given issue; (e) he is engaged in a labor relation with an interested party; (f) he or any member of his family owns stocks of or a share in an authorized capital of the enterprise that acts as an interested party. 2. Under this Code, relatives include: (a) a spouse, spouse’s siblings and lineal relatives, (b) siblings of ascendants, and (c) siblings and their spouses and children. (Article 92 of the General Administrative Code of Georgia (1999) )
Assisting family or friends in obtaining employment in public sector Yes. Public officials are prohibited from appointing close relatives to posts under his/her work supervision except in cases of appointment by competition. (Article 13 of the Law on Conflict of Interest in Civil Service and Corruption (2009) )

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Except in cases otherwise regulated by the Constitution or Organic Law, a public official should be dismissed from his/her office if s/he or his/her family member violates conflict of interest requirements established by this law. (Article 13(10) of the Law on Conflict of Interest in Civil Service and Corruption (2009) )
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. An official or an agency, authorized to appoint a civil servant to a position is entitled to impose disciplinary sanctions in case of a disciplinary misconduct. A special unit within public organization can be established to reveal cases of conflict of interest. (Article 79 of the Law on Civil Service(1997) Article 6 of the Law On Internal State Audit and Inspection )

Legislation

Constitution of Georgia of 1995 (Georgian)pdf
Law on Public Service of 2015 (Georgian)pdf
Law on Conflict of Interest and Corruption in Public Service (Georgian)pdf
Rules of Procedure of Parliament of 2019 (Georgian)pdf

*Last update: 2017


Freedom of Information

The legal framework governing the freedom of information in Georgia derives from the Constitution (1995) and General Administrative Code (1999, amended 2016). 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

20122015201620172020Trend
Scope and Coverage89100100100100
Information access and release7171717171
Exceptions and Overrides6767676767
Sanctions for non-compliance6767676767
Monitoring and Oversight1717171717

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 2020)
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 2020 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 2020)
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 2020)
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 2020)
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 2020)
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 2020)

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 2020)
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, amended 2020 Article 68 Constitution of Georgia, 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 3 Civil Code, 1997, amended 2020 Article 68 Constitution of Georgia, 1995)
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 2020 Article 4(1)(b) Budget Code 2009, amended 2020)
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 Articles 42 and 49 General Administrative Code 1999, amended 2020)

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 2020 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 2020 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 2020)

Deadlines for release of information

20-day response deadline Yes. The response deadline is 10 days. (Article 40 General Administrative Code 1999, amended 2020)
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 2020)

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 2015, 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 2019 Article 20 Constitution of Georgia, 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 2015, amended 2015 Articles 3(4), Article 10, Article 11, Article 28, Article 29 and Article 42, General Administrative Code 1999, amended 2020 Articles 1(n), 11 of the Law on Freedom of Speech and Expression 2004, amended 2016 Article 2 and Article 5 Law on Personal Data Protection 2011, amended 2019 Article 59 of the Law on Public Service 1996, amended 2020)
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 2020)
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 2020)

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 2020)
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 2019 Article 24 and Article 25 Administrative Offences Code 1984, amended 2020)
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 2021 Article 24 and Article 25 Administrative Offences Code 1984, amended 2020)

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 2020 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 (General)

Legislation

Constitution of Georgia of 1995_GEO (Georgian)pdf
Budget Code of 2009_GEO (Georgian)pdf
Decree on Requesting Public Information in Electronic Form of 2013_GEO (Georgian)pdf
General Administrative Code of 1999_GEO (Georgian)pdf
Civil Code of 1997_GEO (Georgian)pdf
Law on State Secrets of 2015_GEO (Georgian)pdf
Law on Personal Data Protection of 2011_GEO (Georgian)pdf
Law on Freedom of Speech and Expression of 2004_GEO (Georgian)pdf
Law on Public Service of 2015_GEO (Georgian)pdf
Criminal Code of 1999_GEO (Georgian)pdf
Administrative Offences Code of Georgia of 1984_GEO (Georgian)pdf

*Last update: 2017


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 5,000 (ca. 1,950 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 for open procedures. There are no restricted procedures or competitive negotiations. 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 of  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

20122015201620172020Trend
Scope9999100
Information availability32323232
Evaluation69696969
Open competition11111111
Institutional arrangements36363636

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 1. The Law on Public Procurement is applied to any value of procurement. The value of the contract does not constitute basis for application of the Law. Different contract values trigger different procedures, but values do not affect application itselft (there is no difference based on product type). The most basic procedure, i.e. the Simplified Procurement, is used: i) in the cases provided for in Article 10¹ (3) of the Law; ii) for uniform procurement procedures worth up to GEL 5,000; iii)for the procurement of similar procurement objects with a value of up to GEL 50,000 by Georgia’s diplomatic missions and consular offices abroad; and iv) for the procurement of similar procurement objects related to defence, security and maintenance of public order with a value of up to GEL 20 000 by contracting authorities operating within the system of the Ministry of Internal Affairs of Georgia, by contracting authorities operating within the system of the Ministry of Defence of Georgia and by the Special State Protection Service of Georgia. EU thresholds are mentioned in Art. 24¹. (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) c) s)ą x) and 10 (3))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) GEL 1. The Law on Public Procurement is applied to any value of procurement. The value of the contract does not constitute basis for application of the Law. Different contract values trigger different procedures, but values do not affect application itselft (there is no difference based on product type). The most basic procedure, i.e. the Simplified Procurement, is used: i) in the cases provided for in Article 10¹ (3) of the Law; ii) for uniform procurement procedures worth up to GEL 5,000; iii)for the procurement of similar procurement objects with a value of up to GEL 50,000 by Georgia’s diplomatic missions and consular offices abroad; and iv) for the procurement of similar procurement objects related to defence, security and maintenance of public order with a value of up to GEL 20 000 by contracting authorities operating within the system of the Ministry of Internal Affairs of Georgia, by contracting authorities operating within the system of the Ministry of Defence of Georgia and by the Special State Protection Service of Georgia. EU thresholds are mentioned in Art. 24¹. (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) c) s)ą x) and 10 (3))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) GEL 1. The Law on Public Procurement is applied to any value of procurement. The value of the contract does not constitute basis for application of the Law. Different contract values trigger different procedures, but values do not affect application itselft (there is no difference based on product type). The most basic procedure, i.e. the Simplified Procurement, is used: i) in the cases provided for in Article 10¹ (3) of the Law; ii) for uniform procurement procedures worth up to GEL 5,000; iii)for the procurement of similar procurement objects with a value of up to GEL 50,000 by Georgia’s diplomatic missions and consular offices abroad; and iv) for the procurement of similar procurement objects related to defence, security and maintenance of public order with a value of up to GEL 20 000 by contracting authorities operating within the system of the Ministry of Internal Affairs of Georgia, by contracting authorities operating within the system of the Ministry of Defence of Georgia and by the Special State Protection Service of Georgia. EU thresholds are mentioned in Art. 24¹. (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) c) s)ą x) and 10 (3))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) GEL 1. The Law on Public Procurement is applied to any value of procurement. The value of the contract does not constitute basis for application of the Law. Different contract values trigger different procedures, but values do not affect application itselft (there is no difference based on product type). The most basic procedure, i.e. the Simplified Procurement, is used: i) in the cases provided for in Article 10¹ (3) of the Law; ii) for uniform procurement procedures worth up to GEL 5,000; iii)for the procurement of similar procurement objects with a value of up to GEL 50,000 by Georgia’s diplomatic missions and consular offices abroad; and iv) for the procurement of similar procurement objects related to defence, security and maintenance of public order with a value of up to GEL 20 000 by contracting authorities operating within the system of the Ministry of Internal Affairs of Georgia, by contracting authorities operating within the system of the Ministry of Defence of Georgia and by the Special State Protection Service of Georgia. EU thresholds are mentioned in Art. 24¹. (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) c) s)ą x) and 10 (3))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) GEL 1. Some utilities are privately owned and, therefore, public procurement legislation is not applicable at all. Order of the Chairman of the State Procurement Agency No. 8 of 2018 establishes a system for the implementation of procurements by private procurers through the unified electronic system of state procurement. However, the Order does not mention utility providers as private procurers and does not impose an obligation of registry. Regarding utility companies which have the state as the largest shareholder (more than 50%), they are also authorized to have special procurement rules approved by the government. If this is the case, there are different thresholds for different procurement procedures. More info at: https://www.gwp.ge/en/about-us. (Law on Public Procurement 2015, as amended in 2020, Arts. 1 (3)ą c) and 3 (1) c) s)ą)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) GEL 1. In case of procurement related to defense, security and public order, for tender procedures of objects which are not secret, Simplied Procurement applies to contracts whose value is up to GEL 20,000. The Law on Public Procurement is not applicable to state secret procurements. Rather, Regulation No. 321 of 2018 approving the list of state procurement objects related to state secrets and the rules for procurement related to state secrets defined by the Law of Georgia on State Secrets applies. Art. 6 of the Regulation defines what are objects related to state secrets and Arts. 7-12 describe procurement procedures applicable. Direct awards of such objects are possible in contracts whose value does not exceed GEL 20,000 (Art. 9 (2)). (Law on Public Procurement 2015, as amended in 2020, Arts. 1 (2) (3), 3 (1) c) s)ą and 22 Regulation No. 321 of 2018 approving the list of state procurement objects related to state secrets and the rules for procurement related to state secrets defined by the Law of Georgia on State Secrets applies)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) GEL 1. The Law on Public Procurement is applied to any value of procurement. The value of the contract does not constitute basis for application of the Law. Different contract values trigger different procedures, but values do not affect application itselft (there is no difference based on product type). The most basic procedure, i.e. the Simplified Procurement, is used: i) in the cases provided for in Article 10¹ (3) of the Law; ii) for uniform procurement procedures worth up to GEL 5,000; iii)for the procurement of similar procurement objects with a value of up to GEL 50,000 by Georgia’s diplomatic missions and consular offices abroad; and iv) for the procurement of similar procurement objects related to defence, security and maintenance of public order with a value of up to GEL 20 000 by contracting authorities operating within the system of the Ministry of Internal Affairs of Georgia, by contracting authorities operating within the system of the Ministry of Defence of Georgia and by the Special State Protection Service of Georgia. EU thresholds are mentioned in Art. 24¹. (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) c) s)ą x) and 10 (3))
What are the minimum application thresholds for the procurement type? (Product type WORKS) GEL 1. The Law on Public Procurement is applied to any value of procurement. The value of the contract does not constitute basis for application of the Law. Different contract values trigger different procedures, but values do not affect application itselft (there is no difference based on product type). The most basic procedure, i.e. the Simplified Procurement, is used: i) in the cases provided for in Article 10¹ (3) of the Law; ii) for uniform procurement procedures worth up to GEL 5,000; iii)for the procurement of similar procurement objects with a value of up to GEL 50,000 by Georgia’s diplomatic missions and consular offices abroad; and iv) for the procurement of similar procurement objects related to defence, security and maintenance of public order with a value of up to GEL 20 000 by contracting authorities operating within the system of the Ministry of Internal Affairs of Georgia, by contracting authorities operating within the system of the Ministry of Defence of Georgia and by the Special State Protection Service of Georgia. EU thresholds are mentioned in Art. 24¹. (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) c) s)ą x) and 10 (3))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) GEL 1. The Law on Public Procurement is applied to any value of procurement. The value of the contract does not constitute basis for application of the Law. Different contract values trigger different procedures, but values do not affect application itselft (there is no difference based on product type). The most basic procedure, i.e. the Simplified Procurement, is used: i) in the cases provided for in Article 10¹ (3) of the Law; ii) for uniform procurement procedures worth up to GEL 5,000; iii)for the procurement of similar procurement objects with a value of up to GEL 50,000 by Georgia’s diplomatic missions and consular offices abroad; and iv) for the procurement of similar procurement objects related to defence, security and maintenance of public order with a value of up to GEL 20 000 by contracting authorities operating within the system of the Ministry of Internal Affairs of Georgia, by contracting authorities operating within the system of the Ministry of Defence of Georgia and by the Special State Protection Service of Georgia. EU thresholds are mentioned in Art. 24¹. (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) c) s)ą x) and 10 (3))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The tender announcement and the tender documentation must be published in full in the unified electronic system of state procurement (www.procurement.gov.ge), as a result of which the tender announcement is assigned a unique number. If necessary, the contracting authority has the right to use other additional means of distribution of bids and bidding documents. The rules and conditions for tender document publication are determined by a sub-legal normative act. (Law on Public Procurement 2015, as amended in 2020, Arts. 10˛ (2) (3) and 12ą (2) (5) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 6)
Are any of these documents published online at a central place? Yes. Unified Electronic System of State Procurement (www.procurement.gov.ge) (Law on Public Procurement 2015, as amended in 2020, Arts. 10˛ (2) (3) and 12ą (2) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 6)
Is it mandatory to keep all of 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. A public authority is obliged to keep any procurement related document for 6 years after the completion of the relevant procedure and, in the case of a long-term contract (2 or more years), for 3 years after expiration of this contract. (Law on Public Procurement 2015, as amended in 2020, Arts. 4 (7), 12ą (2) (5) and 15ą (9) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 6)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. Any contract awarded shall be published. But, in general, there is no framework agreement considered under Georgian Legislation. If there is a contract, which has long duration, or partial delivery, it is considered as one full contract, which shall be published. ( )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. There is no regulation about subcontractors. ( )
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. General. There is no regulation about subcontractors.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. The Procuring Entity shall comply with the textual materials and other indicators used in the description of the technical, performance and/or functional specifications of the procurement object to comply with international, European or Georgian standards. The Procuring Entity is required to indicate the relevant standard used (if any). At the same time, general descriptions of performance and functional specifications should be preferred. It is not allowed to indicate the trademark, patent, model, source of origin or manufacturer in the description of the procurement object, unless there is no other way to accurately describe the procurement object. In such a case, the term "similar" or "equivalent" must be used to describe the object of procurement. (Law on Public Procurement 2015, as amended in 2020, Art. 12ą (6))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No preferential treatment is mentioned in the Procurement Law. ( )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. (Law on Public Procurement 2015, as amended in 2020, Art. 2 c))
Is there a specific set of rules for green/sustainable procurement? No. ( )

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. A supplier and/or bidder shall be subject to disqualifying if: a) he/she abandons the tender; b) the technical documentation submitted by them does not comply with the terms of the competition; c) they do not specify the technical documentation within the established period; d) they fail to present documentation certifying their qualification or if the documentation certifying their qualification submitted does not comply with the competition conditions (if such a request exists); e) they do not submit or, in case of an error, do not specify the calculation of the bid price (if there is such a request); f) they do not guarantee the performance of the contract (in case of such a request) and/or otherwise refuse to conclude the contract; g) they commit an unscrupulous act in order to obtain the right to conclude a contract. The protocol on disqualification of the bidder must be uploaded in the system immediately upon its signing. A Registry of dishonest procurement particpants is kept ("Black List"), and those appearing on the list are excluded for an-year period after their entry into the Black List. (Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 13 Law on Public Procurement 2015, as amended in 2020, Art. 3 l) )
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. The tender commission will review compliance of technical documentation/documents against tender conditions within 5 working days of bid completion (i.e. end of the tendering period). Bidder(s) whose technical documentation does not comply with tender terms/conditions shall be subject to disqualification under Art. 13 (1) b) of Order No. 7 of 2015, except for situations in which inaccuracies or lack of data can be clarified by the bidder without such clarification equating to substantial change of the offer. In that case, the tender commission shall set a reasonable deadline for the bidder(s) to verify technical documentation/documentation, but not more than 3 working days. (Law on Public Procurement 2015, as amended in 2020, Art. 7 (1) b) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 12 (3) (4))
Is scoring criteria published? Yes. Tender documents must contain, among other things: i) qualification requirements to be met by the bidder (if any); ii) weights for the total quality assessment and the price of the tender, the sum of which must be one whole; the specific gravity of the total quality assessment should not exceed 80% and should not be less than 70%; and iii) the quality criteria established for the identification of the best tender and their specific weights. The Procuring Entity shall, for each tender, determine the requirements to be met by the bidder and their bid. Requirements may be made in relation to bidders' professional qualifications, experience and other necessary matters of activity. (Order of the Chairman of the State Procurement Agency No. 7 of 2015, Arts. 5 (2) m), 6 (1) a) e) f) and 7)
Are decisions always made by a committee? Yes. The tender is conducted by the tender commission, which is composed of the head of the procuring organization with at least three members. (Order of the Chairman of the State Procurement Agency No. 7 of 2015, Arts. 3 (1) and 4 Law on Public Procurement 2015, as amended in 2020, Art. 11 (7)ą, 15ą (8) and 20˛ (5))
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Conflict of interests, as defined by the Procurement Law, can be found in the following activities related to the implementation of public procurement: i) review, selection and evaluation of qualification data and tender proposals; ii) negotiations in the cases provided by the Law and the sub-legal normative act; iii) control and supervision over the implementation of the contract; iv) selection of a supplier in case of simplified procurement; v) review of the tender proposal and selection of the supplier through a tender; and vi) consideration of disputes related to public procurement. (Law on Public Procurement 2015, as amended in 2020, Art. 8 Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 3 (3))
Is some part of evaluation committee mandatorily independent of contracting authority? No. The tender comission is composed of the head of the procuring organization with at least three members. The latter are appointed by the head of the procuring organization and/or their deputies (the heads of the structural units of this organization). In case the number of supervisors is insufficient, other employees of the Procuring Entity may also be appointed as members of the commission. The tender commission is chaired by the head of the procuring organization or a person appointed by them. Based on the decision of the tender commission, specialists in the relevant field may be invited as experts and consultants with the right of deliberative vote. In order to provide technical and organizational support for the activities of the tender commission, by the decision of the head of the procuring organization, the staff of the commission shall be formed from the employees of this organization, headed by the chairman of the tender commission. (Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 4 (1) (2) (3) (4) (5))
Are scoring results publicly available? No. The contracting entity must upload the contract to the system no later than 10 days after its conclusion. However, scoring results are not included in the contract. (Order of the Chairman of the State Procurement Agency No. 7 of 2015, Arts. 12 (1) and 15 (6) Law on Public Procurement 2015, as amended in 2020, Art. 22 (5))
Does the law specify under which conditions the tender can be cancelled? Yes. Tenders can be cancelled at any time by the procuring entity 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 public interests. Tenders can also be cancelled in case a winning bidder is disqualified or if the winning bidder refuses to conclude a contract. (Law on Public Procurement 2015, as amended in 2020, Arts. 7 (1) c)ą, 16ą (5) and 23ą (4) b) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 14 (1))

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. The tender announcement and the tender documentation must be published in the unified electronic system of state procurement, as a result of which the tender announcement is assigned a unique number. (Law on Public Procurement 2015, as amended in 2020, Arts. 10˛ (1) (2) and 12ą (1) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 2 (1) b))
Does the law specify the location for publicizing restricted calls for tenders? No. Restricted tender is not included in the list of procurement procedures. There is no similar procedure considered. (Law on Public Procurement 2015, as amended in 2020, Arts. 10˛ (1) (2) and 12ą (1) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 2 (1) b))
Does the law specify the location for publicizing negotiated calls for tenders? No. Negotiated tender is not included in the list of procurement procedures. There is no similar procedure considered (Law on Public Procurement 2015, as amended in 2020, Arts. 10˛ (1) (2) and 12ą (1) Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 2 (1) b))

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. Restricted tender is not included in the list of procurement procedures. ( )
What is the minimum number of bidders for negotiated procedures? General. Negotiated tender is not included in the list of procurement procedures. ( )
What is the minimum number of bidders for competitive dialogue procedures? General. Competitive dialogue is not included in the list of procurement procedures. ( )

Bidding period length

What are the minimum number of days for open procedures? General. The following deadlines are set for an electronic tender: a) in case of procurement of homogeneous goods and services worth up to 150,000 GEL - not less than 7 days; c) in case of procurement of homogeneous goods and services worth GEL 150,000 and more - not less than 10 days; if the estimated value of the goods or services to be procured is or exceeds EU thresholds, not less than 30 days are defined, of which at least the first 25 days are for the tender announcement and tender documents; c) in case of procurement of uniform work worth up to 300,000 GEL - not less than 10 days; d) in case of procurement of uniform work worth 300 000 GEL and more - not less than 20 days; if the estimated cost of the work to be procured is or exceeds EU thresholds, not less than 30 days are set, of which at least the first 25 days are for submitting tender proposals and 5 days for submitting bids. (Law on Public Procurement 2015, as amended in 2020, Art. 15ą(3) )
What are the minimum number of days for restricted procedures? General. Restricted tender is not included in the list of procurement procedures. ( )
What are the minimum number of days  for competitive negotiated procedures? General. Negotiated tender is not included in the list of procurement procedures.

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The main exceptions are those of state procurements: 1. related to the implementation of monetary and exchange rate policy by the National Bank of Georgia; 2. to be carried out with the funds of legal entities of public law, which are considered as religious organizations by the legislation of Georgia; 3. of electricity, guaranteed capacity, natural gas and water supply; 4. related to the diplomatic and consular representation, the defense attaché, Ministry of Defense and Ministry of Interior, the State Security Service and Prosecutor's Office for the vehicles in public procurement; 5. to ensure the meetings and visits of the President of Georgia, the Speaker of the Parliament of Georgia, the Prime Minister of Georgia, the Minister of Georgia, the State Minister of Georgia and/or the Mayor of Tbilisi Municipality, the reception of delegations in the Parliament of Georgia and the organization of visits of Georgian Parliament delegations abroad; and to ensure the organization of the visits of the delegations of the Ministry of Foreign Affairs of Georgia abroad, as well as the state procurements with the funds allocated from the reserve funds of the President of Georgia, the Government of Georgia and the City Hall of Tbilisi Municipality; 6. of services of persons employed under the administrative contract and labor contract provided for in the article “Goods and Services” of the budget classification, as well as on state procurement to be carried out during business trips; 7. of expert services, if the procurement of the mentioned services is carried out in accordance with Articles 144-147 of the Criminal Procedure Code of Georgia; 8. related to state procurement of real estate, as well as acquisition of the right to use real estate; 9. related to financing education, health and social protection services/goods using vouchers, as well as voucher cashing and cashing operations; 10. related to the rental of the relevant area for meetings; 11. on social advertising in the mass media, including the web page and social networking, the dissemination of public procurement; 12. of products (program, film, play, serial, reportage, cultural event) and/or the services required for its creation by the legal entity of public law - the Public Broadcaster, as well as on the website and social network; 13. of sovereign credit-rating services and credit-rating services related to government securities, as well as reimbursement of accompanying costs of credit-rating services for the service provider; 14. of services related to lottery ticket storage, sale and/or lottery organizer free distribution of goods provided by the Law of Georgia on Arrangement of Lotteries, Gambling and Gaming; 15. of services by a person with the right to manage a state-owned share in the mentioned enterprise by the organizer of the lottery provided for by the Law of Georgia on Arrangement of Lotteries, Gambling and Gaming; 16. of information and technological support necessary for the organization and/or conduct of the lottery by the lottery organizer; 17. of goods purchased by Georgian Post Ltd for sale from trade outlets; 18. of postal and courier services from the Georgian Post Ltd by the procuring entity; 19. of goods, services and construction works within the framework of the Public-Private Partnership project provided for by the Law of Georgia on Public-Private Partnership; 20. related to the implementation of investment policy by a legal entity under public law - the Pension Agency, as well as the services of an auditing firm for conducting an independent audit of the reports of the Depository, Asset Management Company and the Pension Agency by the Pension Agency; 21. on the selection of a public service railway operator provided for by the Railway Code of Georgia and the public service contract to be concluded with it. (Law on Public Procurement 2015, as amended in 2020, Art. 1 (3ą))
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The Law applies to procurement of any goods, services and construction works by the Procuring Entity with the following funds: 1. those consolidated in the state budget of Georgia and in the state budget; 2. those of the budgets of the Autonomous Republics of Abkhazia and Adjara; 3. those from the municipal budget; 4. those of the state budget of Georgia, the budgets of the Autonomous Republics of Abkhazia and Adjara and the organizations and institutions financed by the budget of the municipality; 5. budget organizations, legal entities under public law, non-profit (non-commercial) legal entities - Higher Education Institutions and Higher Education Institutions Development Fund, as well as public procurement organizations, foreign organizations and international organizations provided by sub-paragraph "a" of this paragraph. On the basis of international agreements, as well as with funds received from residents of another state in the form of grants and loans, except in the case provided for in paragraph 4 of Article 1 of the Procurement Law; 6. credit and investment funds received by the state guarantee; 7. those of non-profit (non-commercial) legal entities - Higher Education Institution and Higher Education Institution Development Fund, as well as legal entity of public law (except legal entity of public law based on membership), regardless of the source of these funds, except for the provisions of Article 1(1) subparagraphs (a) and (b) of the Procurement Law. 8. those of the enterprise, whose majority of shares or stakes (more than 50%) are owned by the state or municipality/municipalities, except when said enterprise is in charge of the procurement of goods or services related to the specifics of its activity. (Law on Public Procurement 2015, as amended in 2020, Art. 3 (1) a))
Does the law specify the main procedure types or procurement methods permitted? Yes. Simplified Procurement, Simplified Electronic Tender, Electronic Tender, Design Contest and Consolidated Tender (Law on Public Procurement 2015, as amended in 2020, Arts. 3 (1) p) są) s) u) x), 10ą, 10˛, 11 and 20˛ )
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The Dispute Resolution Board (or Council) is an impartial and independent body established to resolve disputes arising from the electronic tender, competition or selection process quickly, efficiently and fairly. The Board is not subject to any body and/or official and is chaired by the Chairman of the Agency, except in the case provided for in Art. 23 (3) of the Procurement Law. The Board is composed of 3 representatives of the Agency and 3 representatives of the relevant profile of non-governmental organizations on the basis of the principle of parity. However, if the estimated value of the public procurement is equal to or exceeds EU thresholds, the Board shall be composed of one representative of the Agency, one from the Georgian Chamber of Commerce and Industry and the Business Ombudsman of Georgia and one representative of the relevant profile of the academic circles. In this case, the Board is chaired by one of the members of the Board, who is elected by the Board by a secret ballot for a term of 1 year by a majority of the members on the list. One member of the Board may be elected Chairman of the Board only once. (Law on Public Procurement 2015, as amended in 2020, Art. 23 Order of the Chairman of the State Procurement Agency No. 1 of 2018, Art. 1 Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 21)
Is there a procurement regulatory body dedicated to public procurement? Yes. The State Procurement Agency, which is an independent legal entity of public law established on the basis of the Procurement Law, and whose Chairman is appointed and dismissed by the Prime Minister of Georgia. (Law on Public Procurement 2015, as amended in 2020, Art. 4)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. Based on the decision of the Tender Commission, specialists in the relevant field may be invited to the Commission as experts and consultants with the right of deliberative vote. That is, however, not mandatory. Moreover, the Procurement Law specifies that members of the Dispute Resolution Board (or Council) must be: 1. civil servants; 2. citizens of Georgia who have not been convicted; and 3. have at least 5 years of work experience with at least a master's degree or an equivalent academic degree. Additionally, at least half of Board members must have a legal education. A member of the Board may not: a) be employed in another public institution and/or a private institution; b) engage in other paid activities, except for scientific activities, pedagogical activities and/or creative activities; c) consult to the procuring entity, the bidder or the supplier; d) be a member of a political party and/or participate in political activities. (Law on Public Procurement 2015, as amended in 2020, Art. 23ł Order of the Chairman of the State Procurement Agency No. 7 of 2015, Art. 4 (4))
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? Yes. In order to submit a complaint to the Board, except for the appeal of the tender/competition conditions (including the decision/action related to the tender/competition conditions), a grievance fee of 2% of the estimated cost of the public procurement, but not less than GEL 100 and not more than GEL 500, is set. In the case of a public-private partnership project, the fee for filing a complaint with the Board, except for appeals is 0.15% of the estimated cost of the project, but not less than GEL 22,000 and not more than GEL 150,000. A grievance fee will be refunded, unless the grievance is upheld. In the latter case, the fee for filing a complaint goes to the state budget. (Law on Public Procurement 2015, as amended in 2020, Art. 23ą (7) Order of the Chairman of the State Procurement Agency No. 1 of 2018, Art. 18)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Upon receipt of a complaint, the appealed procurement procedures shall be suspended automatically. (Law on Public Procurement 2015, as amended in 2020, Arts. 7 (2) d˛) and 23^7 (9) Order of the Chairman of the State Procurement Agency No. 1 of 2018, Art. 20)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. The Board shall consider the complaint and make a decision within 10 working days from the notification of the admissibility of the complaint. If circumstances require, this period may be extended for not more than 10 working days by decision of the Board. (Law on Public Procurement 2015, as amended in 2020, Art. 23^9)
Is there a requirement to publicly release arbitration court decisions ? Yes. The decision of the Board is published electronically as soon as it is made and is considered delivered to the party and the interested person (if any). The Board's electronic module shall publish complaints, the documents attached to them, the decisions it makes, other materials related to the review of complaints, as well as other relevant information. Website: www.procurement.gov.ge. (Law on Public Procurement 2015, as amended in 2020, Art. 23^6 (2) Order of the Chairman of the State Procurement Agency No. 1 of 2018, Art. 27)

Legislation

Law No. 1388 of 2005 on Public Procurement (Georgian)pdf
Order of the Chairman of the State Procurement Agency No. 1 of 2018 (Georgian)pdf
Order of the Chairman of the State Procurement Agency No. 7 of 2015 (English)pdf

*Last update: 2017