EUROPAM

European Public Accountability Mechanisms

Georgia

Country score (European Average*)
  • 87(66) Political Financing
  • 65(50) Financial Disclosure
  • 49(40) Conflict of Interest
  • 64(56) Freedom of Information
  • 49(63) 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

2012201520162017Trend
Bans and limits on private income100898972
Public funding75757575
Regulations on spending100100100100
Reporting, oversight and sanctions100100100100

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

Qualitative data for 2017


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

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

2012201520162017Trend
Disclosure items79797964
Filing frequency75757556
Sanctions10010010075
Monitoring and Oversight100505075
Public access to declarations75757556

Alternative Metric

2012201520162017Trend
Head of State86767686
Ministers86767686
Members of Parliament86767686
Civil servants8676764

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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2016))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. Public Officials are obliged to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. ( Article 10 of the Law on Conflict of Interests (1997, amended 2016))
Concurrent employment of family members in public sector No. Not covered in the law.

Filing frequency

Filing required upon taking office Yes. Public officials are required to submit an income and asset declaration within two months of appointment. ( Article 14 (1) of the Law on Conflict of Interests (1997, amended 2016))
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 2016))
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 2016))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. 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 2016))
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 2016) )
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 2016) )

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 2016))
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 2016))
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 2016))
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 2016))

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 2016))
Timing of information release specified No. Absent from the legal framework
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2016))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. Public Officials are obliged to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. ( Article 10 of the Law on Conflict of Interests (1997, amended 2016))
Concurrent employment of family members in public sector No. Not covered in the law.

Filing frequency

Filing required upon taking office Yes. Public officials are required to submit an income and asset declaration within two months of appointment. ( Article 14 (1) of the Law on Conflict of Interests (1997, amended 2016))
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 2016))
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 2016))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. 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 2016))
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 2016) )
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 2016) )

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 2016))
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 2016))
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 2016))
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 2016))

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 2016))
Timing of information release specified No. Absent from the legal framework
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2016))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. Public Officials are obliged to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. ( Article 10 of the Law on Conflict of Interests (1997, amended 2016))
Concurrent employment of family members in public sector No. Not covered in the law.

Filing frequency

Filing required upon taking office Yes. Public officials are required to submit an income and asset declaration within two months of appointment. ( Article 14 (1) of the Law on Conflict of Interests (1997, amended 2016))
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 2016))
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 2016))
Ad hoc filing required upon change in assets or conflicts of interest No. Not covered in the law.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. 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 2016))
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 2016) )
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 2016) )

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 2016))
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 2016))
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 2016))
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 2016))

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 2016))
Timing of information release specified No. Absent from the legal framework
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 2016))
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 2016))

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from the legal framework
Income and Assets
Real estate No. Absent from the legal framework
Movable assets No. Absent from the legal framework
Cash No. Absent from the legal framework
Loans and Debts No. Absent from the legal framework
Income from outside employment/assets No. Absent from the legal framework
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 2016))
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 2016))
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 2016))
Holding government contracts No. Not covered in the law.
Board member, advisor, or company officer of private firm Yes. Public officials are required to disclose securities, entrepreneurial activities, gifts (the value of which exceeds GEL 500), and any other income (the amount of which exceeds GEL 1,500). ( Article 15 of the Law on Conflict of Interests (1997, amended 2016))
Post-employment No. Not covered in the law.
Simultaneously holding policy-making position and policy-executing position No. Not covered in the law.
Participating in official decision-making processes that affect private interests Yes. Public Officials are obliged to disclose the conflict of interest and refuse to participate in the making of or voting the decision on the issue where his/her own property or other interest is involved. ( Article 10 of the Law on Conflict of Interests (1997, amended 2016))
Concurrent employment of family members in public sector No. Not covered in the law.

Filing frequency

Filing required upon taking office No. Absent from the legal framework
Filing required upon leaving office No. Absent from the legal framework
Filing required annually No. Absent from the legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from the legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from the legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from the legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from the legal framework

Monitoring and Oversight

Depository body explicitly identified No. Absent from the legal framework
Enforcement body explicitly identified No. Absent from the legal framework
Some agency assigned responsibility for verifying submission No. Absent from the legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from the legal framework

Public access to declarations

Public availability No. Absent from the legal framework
Timing of information release specified No. Absent from the legal framework
Location(s) of access specified No. Absent from the legal framework
Cost of access specified No. Absent from the legal framework

Qualitative data for 2017


Legislation

Law on Conflict of Interests and Corruption in Public Service, 2009, amended 2016 (English)pdf
Criminal Code, 1999, amended 2016 (English)pdf

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

2012201520162017Trend
Restrictions75686868
Sanctions50171717
Monitoring and Oversight50626262

Alternative Metric

2012201520162017Trend
Head of State66404040
Ministers54373737
Members of Parliament62686868
Civil servants51515151

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


Qualitative Data

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

Head of State

Restrictions

General restriction on conflict of interest Yes. An official has no right to apply the authorities gained from public service or its relevant opportunities against the interests of public service or for solution of an issue, which does not fall under the capacity of the public service. (Art. 7 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Accepting gifts Yes. The sum of gifts received may not exceeed 15% of the whole year's wages, where a single gift may not exceed 5%. The total sum of gifts received may not exceed 1,000 GEL for each family member, where a single gift may not exceed 500 GEL per family member. (Art. 5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Private firm ownership and/or stock holdings Yes. An official has Noright to hold any position in an enterprise. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.4, 13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Ownership of state-owned enterprises (SOEs) Yes. An official has Noright to hold any position in an enterprise. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.4, 13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Holding government contracts Yes. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Board member, advisor, or company officer of private firm Yes. An official has no right to hold any position in an enterprise. An official or family member has no right to own shares in an enterprise that is implemented or overseen by another official. (Art.13.4, 13.5 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

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

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12(1) Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. An official has no right to apply the authorities gained from public service or its relevant opportunities against the interests of public service or for solution of an issue, which does not fall under the capacity of the public service. (Art. 7 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Ownership of state-owned enterprises (SOEs) Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Holding government contracts Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Board member, advisor, or company officer of private firm Yes. Ministers have Noright to hold office in the management, controlling or auditing bodies of enterprises or engage in entrepreneurial business. (Art. 23.3 Law on the structure of Government Responsibilities and Rules for Activity (2004))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

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

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. An official has Noright to apply the authorities gained from public service or its relevant opportunities against the interests of public service or for solution of an issue, which does not fall under the capacity of the public service. (Art. 7 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. An MP may not engage in entrepreneurial activity. He may not carry out the responsibilities of a member of a permanent managerial, supervisory, controlling, inspecting and consulting body of an entrepreneurial subject. An MP may however hold stocks. (Art. 53.1 Constitution (2010) Art. 9.3 Rules of Procedure of the Parliament of Georgia (2004))
Ownership of state-owned enterprises (SOEs) Yes. An MP may not engage in entrepreneurial activity. (Art. 53.1 Constitution (2010))
Holding government contracts Yes. An MP may not engage in entrepreneurial activity. (Art. 53.1 Constitution (2010))
Board member, advisor, or company officer of private firm Yes. An MP may not engage in entrepreneurial activity. He may not carry out the responsibilities of a member of a permanent managerial, supervisory, controlling, inspecting and consulting body of an entrepreneurial subject (Art. 53.1 Constitution (2010) Art. 9.3 Rules of Procedure of the Parliament of Georgia (2004))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. An MP may nothold state service. (Art. 53.1 Constitution (2010))
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

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

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Enforcement body specified (sanctions, hearings) Yes. In case there is a supsicion of infringement by an MP, parliament can vote to set up a temporary investigative committee against corruption which is responsible for investigations and hearings on the issue. It then presents a decision which can be approved or further revised by parliament. (Art. 55.7, Art. 56 Rules of Procedure of the Parliament of Georgia (2004))

Civil servants

Restrictions

General restriction on conflict of interest Yes. Civil servants must take all measures to eliminate incompatability of interests. (Art. 73 Law on Civil Service (1997, last amended 2016))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. A civil servant may not be a permanent head or member of a controlling, supervising or revising body of an enterprise, and may not engage in entrepreneurial activity. He/she can however possess stocks and shares. (Art. 60, 63 Law on Civil Service (1997, last amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. A civil servant may not be a permanent head or member of a controlling, supervising or revising body of an enterprise or engage in entreprenurial activity. (Art. 60, 63 Law on Civil Service (1997, last amended 2016))
Holding government contracts Yes. A civil servant may not engage in entreprenurial activity. (Art. 63 Law on Civil Service (1997, last amended 2016))
Board member, advisor, or company officer of private firm Yes. A civil servant may not be a permanent head or member of a controlling, supervising or revising body of an enterprise. (Art. 60 Law on Civil Service (1997, last amended 2016))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. A civil servant cannot hold a legislative position. (Art. 64.1 Law on Civil Service (1997, last amended 2016))
Participating in official decision-making processes that affect private interests Yes. When in a position to make decision on private property or interest, the official must inform fellow members and his superior, and refuse to participate in the decision-making process. In addition any interested party may submit an application for a public official to be excluded if he has private interest in the matter. (Art. 11 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016 Art. 93 Constitution (2010))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Disciplinary sanctions for violations of the civil service law range from repriman and warning over reduction of pay or temporary suspension to dismissal from public service. (Art.79 Law on Civil Service (1997, last amended 2016))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Council is resposible for developing anti-corruption strategies and ensuring monitoring and implementation. It is appointed by the Head of State. (Art. 12 Law on the Conflict of Interests and Corruption in Public Service, 2009, amended 2016)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2017


Legislation

Law on Conflict of Interests and Corruption in Public Service, 2009, amended 2016 (Georgian)pdf
Constitution of Georgia, 2010 (English)pdf
Law on Civil Service, 1997, amended 2016 (Georgian)pdf
Law on the structure of Government Responsibilities and Rules for Activity, 2004 (English)pdf
Rules of Procedure of the Parliament of Georgia, 2004 (English)pdf

Freedom of Information

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

2012201520162017Trend
Scope and Coverage89100100100
Information access and release71717171
Exceptions and Overrides67676767
Sanctions for non-compliance67676767
Monitoring and Oversight17171717

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 2016)
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 2016 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 2016)
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 2016)
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 2016)
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 2016)
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 2016)

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 2016)
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 2016 Article 68 Constitution, 1995)
Annual budgets Yes. Approved and adjusted budgets must be published online quarterly. Cumulative balances of the budget must be published quarterly and annually online. The Budget Code also establishes the right of the public and mass media to review draft budgets. (Article 3 Civil Code, 1997, amended 2016 Article 68 Constitution, 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 2016 Article 4(1)(b) Budget Code 2009, amended 2016)
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 2016)

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 2016 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 2016 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
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 2016)

Deadlines for release of information

20-day response deadline Yes. The response deadline is 10 days. (Article 40 General Administrative Code 1999, amended 2016)
Agency granted right to extend response time No. Absent from legal framework
Maximum total response time of no more than 40 days Yes. The response deadline is 10 days. (Article 40 General Administrative Code 1999, amended 2016)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. The Law on State Secrets specifies the definition of state secrets, their treatment, declassification, and access. (Article 1 Law on State Secrets 1996, amended 2015)
Existence of personal privacy/data law Yes. A law on the protection of personal data protects the right to privacy and personal data. The Constitution also protects the right to a private life. (Artricle 1 Law on Personal Data Protection 2011, amended 2016 Article 20 Constitution, 1995)
Specific exemptions to disclosure Yes. Exempt information includes state secrets (certain information concerning areas of defence, economy, foreign relations, intelligence, national security and law enforcement), professional secrets and their sources, commercial secrets, personal data, information gained through executive privilege, information about criminal prosecutions, investigations, decision-making on military affairs, as well as military discipline, exercising powers by the President of Georgia for appointing persons to, and dismissing them from, positions provided for in the Constitution of executing international treaties and agreements and implementing foreign policy. Names of public servants who are not political officials may not be disclosed. Certain specified types of information cannot be made confidential. (Article 7 Law on State Secrets 1996, amended 2015 Articles 3(4), Article 10, Article 11, Article 28, Article 29 and Article 42, General Administrative Code 1999, amended 2016 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 2016 Article 59 of the Law on Public Service 1996, amended 2016)
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 2016)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
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 2016)

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 2016)
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 2016 Article 24 and Article 25 Administrative Offences Code 1984, amended 2016)
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 2016 Article 24 and Article 25 Administrative Offences Code 1984, amended 2016)

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 2016 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
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Constitution of Georgia, 1995 (English)pdf
General Administrative Code 1999, amended 2016 (English)pdf
Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 (English)pdf
Civil Code, 1997, amended 2016 (Georgian)pdf
Law on State Secrets 1996, amended 2015 (English)pdf
Law on Personal Data Protection 2011, amended 2016 (English)pdf
Law on Freedom of Speech and Expression, 2004, amended 2016 (English)pdf
Law on Public Service 1997, amended 2016 (English)pdf
Criminal Code, 1999, amended 2015 (English)pdf
Administrative Offences Code 1984, amended 2015 (English)pdf
Appendix 1 Decree on the Form of the Electronic Request of Information and Proactive Disclosure of Public Information 2013 (English)pdf
Budget Code 2009 (Georgian)pdf

Public Procurement

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

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

▪         GEL 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

2012201520162017Trend
Scope1009999
Information availability323232
Evaluation696969
Open competition111111
Institutional arrangements363636

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. Public Procurement law is applied to any value of procurement. The size of the contract is not basis for application of law. The amount of contract is basis for different procedures, but it doesn't affect application itselft. There is no difference based on product type. (Article 3, paragraph 1 (r)ą and Article 3 paragraph 1(c) of Law on State Procurement (2005, amended 2014) and Order 9 of Chairman of Procurement Agency, article 3, paragraph 1(a). )
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) GEL 1. Public Procurement law is applied to any value of procurement. The size of the contract is not basis for application of law. The amount of contract is basis for different procedures, but it doesn't affect application itselft. There is no difference based on product type (Article 3, paragraph 1 (r)ą and Article 3 paragraph 1(c) of Law on State Procurement (2005, amended 2014) and Order 9 of Chairman of Procurement Agency, article 3, paragraph 1(a). )
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) GEL 1. Public Procurement law is applied to any value of procurement. The size of the contract is not basis for application of law. The amount of contract is basis for different procedures, but it doesn't affect application itselft. There is no difference based on product type (Article 3, paragraph 1 (r)ą and Article 3 paragraph 1(c) of Law on State Procurement (2005, amended 2014) and Order 9 of Chairman of Procurement Agency, article 3, paragraph 1(a). )

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) GEL 5000. This is the threshold for tender procedures. But for the application of the law itself, there is no threshhold, there is just a simplified procedure. (Article 3, paragraph 1(r) of Law on State Procurement (2005, amended 2014) )
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) GEL 5000. Some utilities are privately owned, therefore, Public Procurement legislation is not applicable for them at all. Regarding utilities owned by state with more than 50%, they are also authorized to have special procurement rule approved by the government. If this is the case, there are different thresholds for different procurement procedures. This mentioned threshhold is for tender procedures. (Article 1, paragraph 3ą (c), Article 3(r) and Article 3 paragraph 1(c) of Law on State Procurement (2005, amended 2014) and Order 9 of Chairman of Procurement Agency, article 3, paragraph 1(a). Article 3, paragraph 1, a.h.)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) GEL 20000. Public Procurement law is not applicable for state secret procurements, for which, there is a special rule which is also secret. This threshhold is for tender procedures for the procurements which are not secret. (Article 1, paragraph 2. Article 3, paragraph 1, (r)ą of Law on Public Procurement (2005, amended 2014) )

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) GEL 5000. This is the threshold for tender procedures. But for the application of the law itself, there is no threshhold, there is just a simplified procedure. (Article 3, paragraph 1 (r)ą and Article 3 paragraph 1(c) of Law on State Procurement (2005, amended 2014))
What are the minimum application thresholds for the procurement type? (Product type WORKS) GEL 5000. This is the threshold for tender procedures. But for the application of the law itself, there is no threshhold, there is just a simplified procedure. (Article 3, paragraph 1 (r)ą and Article 3 paragraph 1(c) of Law on State Procurement (2005, amended 2014))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) GEL 5000. This is the threshold for tender procedures. But for application of law itself, there is no threshhold, there is just a simplified procedure. In addition, there is a special type of services - design services for which, there is a special type of tender, called - Competition. For Competition, there is no threshhold. (Article 3, paragraph 1 (r)ą and Article 3 paragraph 1(c) of Law on State Procurement (2005, amended 2014) Article 3, paragraph 1.x)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. Tender Documents must be published in full on web-site www.procurement.gov.ge. This includes all documents such as building plans, bills of quantities etc. (Article 12ą paragraphs 2), 5 and 8 of Law on State Procurement (2005, amended 2014) and Article 9, paragraph 1, of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Are any of these documents published online at a central place? Yes. Unified Electronic System of State Procurement (www.procurement.gov.ge) (Article 12ą paragraphs 2) and 8 of Law on State Procurement (2005, amended 2014) and Article 8, paragraph 10, of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
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. (Article 4, paragraphs 7, Article 12ą paragraph 2), Article 15ą paragraph 14, Article 20˛ paragraph 3 and Article 23, paragraph 5 of Law on State Procurement (2005, amended 2014) . Paragraph 8, Article 5, Reporting Procedures by Publich Authority, Decree #2, February 10, 2011.)
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. 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. In the description of a procurement object, it is not admissible to indicate trademark, patent, model, source of origin or producer.If there is no other possibility, while describing a procurement object the terms like "similar", "equivalent" and others must be used. (Article 12ą, paragraph 6 of Law on Public Procurement (2005, amended 2014); Article 11, paragraph 7 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. There is no such preferential treatment mentioned in law. Although, in fact, such enterprises may have some advantage. This relates to Value Added Tax, which is 18%. If SME participates in the tender and it is not a VAT payer, it fixes price without VAT, while, big enterprises fix price including VAT. Therefore, their prices are different. Public Autuhority has possibility to announce tender without VAT. In such case, all the companies will be in equal position, but, otherwise, SME will have indirect advantage. ( )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. ( )
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 in the following cases: a) in case the technical proposal submitted thereof, considering Article 12(5) and (6) of these Rules are not in conformity with the tender notice and/or tender documentation, b) if a bidder abandons its bid, c) if the supplier qualifcation documents submitted thereof are not in conformity with the tender notice and/or tender documentation, d) if it does not specify technical proposal within the timeframe prescribed under Article 12(6) of these rules, e) in case it fails to submit supplier qualifiction documents in compliance with the requirements of these Rules, f) in case it is a winning bidder envisaged under Article 15(1) of these Rules and refuses to award a Contract or fails to submit Contract performance guarantee, g) if in order to obtain the right to award a Contract it commits a dishonest action. 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. (Article 13 and 24 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011 and Article 3(l) of Law on Public Procurement (2005, amended 2014) )
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. Only bidder, which is not registering its bid correctly is automatically excluded. All other bids are subject to evaluation. Also, bidder being at "black list" is automatically excluded from the bid. (Law on Public Procurements - Article 3, Paragraph 1, "k" - Black List - In the Black List those providers are included, which have no right to participate in tender procedures, and/or form the contract on Public Procurement within 1 year. Decree #9 - Article 10, Pargraph 3 - It is possible to submit the Bid only by System after confirming Affidavit, submission of Electronic Security and payment of relevant fee.)
Is scoring criteria published? Yes. A tender committee shall evaluate bidders according to the bid price, technical proposal uploaded in the system thereof and supplier qualification documents in the sequence envisaged under this paragraph (i.e. paragraph 1 of Article 12 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011). In the case of design contest, both price and quality are award criteria. (In electronic tender and simplified electronic tender there is only one criterion - the lowest price) (Article 12 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011 and Article 5 of Order No 7 of the Chairman of the State Procurement Agency May 22, 2015)
Are decisions always made by a committee? Yes. It is the tender committee that shall evaluate bidders according to the aforementioned evaluation/selection criteria. (Article 11, paragraph 7ą of Law on Public Procurement (2005, amended 2014); Article 12, paragraph 1 and Article 14, paragraph 5 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The tender committee and its secretariat members shall be obliged to confirm in writng the absence of the conflict of interest between thereof and the bidders envisaged under Article 8 of the law and upload the mentioned document in the System along with the very first minutes subject to uploading in the System. (Article 8 of Law on Public Procurement (2005, amended 2014) and Article 17 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011. )
Is some part of evaluation committee mandatorily independent of contracting authority? No. To ensure technical and organisational support to tender committee performance at the decision of a head of a procuring entity a secretariat of the tender committee is formed from among the employees of such entity headed by the chairman of the tender committee. The committee is free to invite an expert for specific tasks (Article 14, paragraph 4 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Are scoring results publicly available? No. A Contract must be uploaded in the System by a procuring entity no later than 10 working day following the day of awarding thereof. Moreover, when an electronic tender is conducted, conclusions of experts and consultants involved in the tender, minutes of tender committee sittings, as well as other documentation stipulated in the sub-legal act shall be attached to the system. In case of objects with value over GEL 2,000,000 the procurement report shall be submitted to the Government of Georgia within 20 days from the contract's award. (Article 12, paragraph 6 of article 14 and Article 15, paragraph 6 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011 and Article 22, paragraph 5 of Law on Public Procurement (2005, amended 2014) )
Does the law specify under which conditions the tender can be cancelled? Yes. a) Simplified procurement, electronic tender and simplified electronic tender can be cancelled any time by the CA if there are "reasons beyond it's control and objective reasons that could not be foreseen, as well as based on Georgia's state and/or pubvlic interests", b) In case a winning bidder is disqualified or it refuses to award a Contract, procuring entity shall cancel procurement procedure, if the bid price of the bidder with the following lowest bid price due to the changed circumstances on the market is significantly higher than market value of such procurement object. (Article 7 paragraph 1cą, Article 16ą, paragraph 5 of Law on Public Procurement (2005, amended 2014) and Article 12, paragraph 19 of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Tender notices must be posted on the Unified Electronic System of State Procurement. If necessary, a procurement entity is eligible to use other additional methods for disseminating tender notice and tender documentation. (Article 12, paragraph 2) of Law on Public Procurement (2005, amended 2014) )
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. (Article 12 of Law on Public Procurement (2005, amended 2014) )
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 (Article 12 of Law on Public Procurement (2005, amended 2014) )

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 1. Restricted tender is not included in the list of procurement procedures. ( )
What is the minimum number of bidders for negotiated procedures? 1. Negotiated tender is not included in the list of procurement procedures. ( )
What is the minimum number of bidders for competitive dialogue procedures? 1. Competitive dialogue is not included in the list of procurement procedures. ( )

Bidding period length

What are the minimum number of days for open procedures? 20. First of all, the tender committee shall post a notice about conducting a simplified electronic tender and tender documentation in the Unified Electronic System of State Procurement no later than 3 days before the deadline for the acceptance of bids. When conducting an electronic tender, the tender committee shall post tender ntice and tender documents in the Unfied Electronic System of State Procurement at least 20 days prior to the expiration of the deadline for submission of tender bids. There is no possibility to shorten this period (Paragraph 8 of Artile 12(1) and Pargraph 3 of Article 15(1) of Law on Public Procurement (2005, amended 2014) - For Electronic Tender. Sub-paragraph "q" of paragraph 1 of article 3 of Law on Public Procurement (2005, amended 2014). )
What are the minimum number of days for restricted procedures? Restricted tender is not included in the list of procurement procedures. ( )
What are the minimum number of days  for competitive negotiated procedures? 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. exceptions: 1) state procurement related to performing money-and-credit and currency policy by the National Bank of Georgia; 2) state procurement conducted with the funds of legal entities of public law, which are registered to be religious organisations; 3) state procurement of electricity, guaranteed power supply, natural gas and water supply; 4) state procurement of a motor vehicle for Georgia’s diplomatic mission and a consulate abroad, defense attaché, as well as for a representative of the Ministry of Defense of Georgia, the Ministry of Internal affairs of Georgia, and the State Security Service of Georgia; 5) state procurement to support organizing meetings and visits of the President of Georgia, Chairman of the Parliament of Georgia, Prime Minister of Georgia, a minister of Georgia, state minister of Georgia and/or mayor of Tbilisi, receptions for the delegations at the Parliament of Georgia and visits of Parliamentary delegations of Georgia abroad, provide support with organizing receptions of delegations at the Ministry of Foreign Affairs of Georgia and visits of the Ministry of Foreign Affairs of Georgia delegations abroad, as well as state procurement to be conducted using the funds allocated from reserve funds of the President of Georgia, Government of Georgia and Tbilisi City Hall; 6) state procurement of services of part-time workers stipulated in budget classification article "Goods and Services", as well as state procurement to be performed during a business trip, 7)state procurement of expert services, provided the procurement of the mentioned services is conducted in accordance with Articles 144-147 of the Criminal Procedure Code of Georgia, 8)state procurement of immovable property, as well as that related to the obtaining the right to enjoy immovable property, 9)funding of relevant services/goods of education, health and social protection through a voucher, as well as the transactions of cashing a voucher and those related to cashing thereof, 10) state procurement related to the purchase of TV/radio air time, dissemination of advertisements through mass media and rental of relevant space for holding meetings, 11)procurement of services related to distribution and/or receiot of TV/radio products (programme, TV show, film, report, cultural event) and/or related services by a LEPL-Public Broadcaster from a non-resident entity, as well as distribution and/or receipt of TV/radio products (programme, TV show, film, report, cultural event) through a satellite, 12)procurement of sovereign credit rating services and credit rating services related to state securities, as well as the reimbursement to the supplier of the mentioned services of costs accompanying credit rating services. 13) public procurement related to state secrets set forth in the law of Georgia on State Secret. for full exceptions list see Article 1 of the Law of Georgia on State Procurement (Artice 1, Law on Public Procurement (2005, amended 2014))
Does the law specify the main types of institutions that must apply the public procurement law? Yes. any procurement entity conducting procurement using the government funds, including state enterprises, local government and entities using credit and investment funds received under state guarantee. Any procurement entity conducting procurement using the funds set forth in subparagraph (a) of article 3, paragraph 1 of the Law of Georgia on State Procurement. Indicatively, the funds may come from a) the State Budget of Georgia b) the budgets of the Autonomous Republics of Abkhazia and Adjara, c) a local slef-government unit, d) organisations and institutionsfunded under the State Budget of Georgia, bugets of the Autonomous Republics of Abkhazia and Adjara and the funds of organisations and institutions funded under the budgets of local self-government bodies, e)budgetary organisations, legal entities of public law and the enterprises envisaged under subparagraph (a.h) of article 3, paragraph 1 of the Law of Georgia on State Procurement, conducting state procurement under international agreements in the form of grant or credit from foreign states and international organisations, as well as the funds received from other states' residents in the form of grant and credit, except as stipulated in Article 1(4) of the Law of Georgia on State Procurement f) credit and investment funds received under the state guarantee, g) funds of a LEPL (other than a membership-based LEPL), regardless of the source of origin of these funds, except as stipulated in Article 1 (3ą) (a) and (b) of the Law of Georgia on State Procurement; h)funds of an enterprise with more than 50% of stocks and shares owned by the State or a local self-government body, except when the mentioned enterprise when procuring goods or services related to the specificity of its operations is guided by a special rule established by the Government of Georgia for the procurement of these goods or services, which validity may not be over 2 years. The Ministry of Economy and Sustainable Development of Georgia or the Ministry of Regional Development and Infrastructure of Georgia, on the basis of the suggestions by relevant enterprises and local self-government bodies shall develop and submit to the Government of Georgia for approval a special rule to be established by the Government of Georgia. If the Government of Georgia does not prescribe a special rule, procurement shall be conducted pursuant to the Law of Georgia on State Procurement; (Article 3, paragraph 1 (a) of Law on Public Procurement (2005, amended 2014) )
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. Also, There is one type - Tender without Electronic Auctioon, which means, that the Bidders are not allowed to reduce their prices after submitting their bid and they don't see the bid prices of other bidders. This is right of public authority to choose this type of tender. (Article 3, paragraph 1 (p), (q), (rą), (u) and (x) and Articles 10ą, 10˛, 11, 20˛ of Law on Public Procurement (2005, amended 2014) Article 26 (5) of Order No 9 of the Chairman of the State Procurement Agency April 7, 2011)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The Agency (i.e.an authorized body which is an independent legal entity of public law) undertakes the consideration of disputes arising during procurement. To be more specific, an entity interested in participating in procurement or a bidder prior to granting the status prescribed under a sub-legal act for simplified electronic tender or electronic tender, may appeal actions of a procurement entity or a tender committee in the Agency, if it regards that during the procurement the rules set forth in the present law and relevant normative acts were violated and/or its rights infringed. (Article 4, paragraph 6(h) and 23, paragraph 1 of Law on Public Procurement (2005, amended 2014); Order No 1 of the Chairman of the State Procurement Agency February 27, 2015 )
Is there a procurement regulatory body dedicated to public procurement? Yes. State Procurement Agency, An independent legal entity under public law (Article 4 of Law on Public Procurement (2005, amended 2014) )
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. The advisory-counselling services are provded to procuring entities by the Agency. The Agency employees are appointed and dismissed by the Chairman of the Agency, without specifying in the relevant Law the procurement advisors' profession and their role in the tendering procedure. (Articles 4, paragraph 6 (e) and 5, paragraph 1 (e) of Law on Public Procurement (2005, amended 2014))
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? No. In Georgia there is a fee only for the submission of a tender bid and not for the arbitration procedure (Article 23 of Law on Public Procurement (2005, amended 2014) )
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The Agency or the relevant procurement entity are entitled to suspend a procurement procedure in case an action of the procuring entity is appealed prior to the awarding of a Contract. (Articles 7, paragraph 2 (d˛) and 23 paragraph (11) of Law on Public Procurement (2005, amended 2014) )
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 10. These are number of working days, not calendar.The procurement entity or the Agency makes a grounded written decision and informs it to the complainant in no later than 10 working days after the receipt of the complaint. (Article 23(5) of Law on Public Procurement (2005, amended 2014) )
Is there a requirement to publicly release arbitration court decisions ? Yes. On website: www.procurement.gov.ge . The decision of the Agency published on an official web site shall be regarded as the notification on the decision made. (Article 23(5) of Law on Public Procurement (2005, amended 2014) )

Qualitative data for 2017


Legislation

Law on Public Procurement (2005, amended 2014) (English)pdf
Order No 9 of the Chairman of the State Procurement Agency April 7, 2011 (English)pdf
Order No 11 of the Chairman of the State Procurement Agency 2010 (Georgian)pdf
Order no 3 of the Chairman of the State Procurement Agency 2011 (Georgian)pdf
Order No 7 of the Chairman of the State Procurement Agency May 22, 2015 (Georgian)pdf
Order No 1 of the Chairman of the State Procurement Agency February 27, 2015 (Georgian)pdf
Reporting Procedures Decree #2 2011 (Georgian)pdf