on the Georgian Intelligence Service

 

 

LAW OF GEORGIA

ON THE GEORGIAN INTELLIGENCE SERVICE

 

Chapter I - General Provisions

 

 

Article 1 - Scope of the Law and legal grounds for the activities of the Georgian Intelligence Service

1. This Law determines the status of the Georgian Intelligence Service, its authority, the basic areas of its activities, goals and principles, the legal grounds of service by employees of the Georgian Intelligence Service, and the social and legal protection guarantees for employees of the Georgian Intelligence Service.

2. The Georgian Intelligence Service shall operate under the Constitution of Georgia, the treaties and international agreements of Georgia, this Law, the Law of Georgia on Intelligence Activities and other legislative and subordinate normative acts of Georgia.

 

Article 2 - Georgian Intelligence Service

The Georgian Intelligence Service ('the Service') is a special-purpose institution of executive authority, directly subordinate to the Prime Minister of Georgia, which carries out intelligence activities in order to protect the national interests of Georgia.

Law of Georgia No 1239 of 20 September 2013 - website, 8.10.2013

 

Article 3 - Basic areas of the activities of the Service

1. The Service carries out intelligence activities in political, economic, scientific and technical, and informational and ecological fields, and participates in the international fight against terrorism within the limits of its competence.

2. The Service also carries out foreign counter-intelligence activities.

 

Article 4 - Basic goals of the activities of the Service

The basic goals of the activities of the Service are to define foreign threats and risks and provide necessary intelligence information to the country's state and political officials in order for them to make decisions in political, economic, defence, informational, and ecological fields and other fields of national security.

 

Article 5 - Basic principles of the activities of the Service

The basic principles of the activities of the Service are:

a) lawfulness;

b) protection of the State's interests and of human rights, freedoms and legal interests;

c) objectivity and impartiality;

d) political neutrality;

e) accountability, professionalism and competence;

f) unity and centralisation;

g) determination;

h) operativeness;

i) continuity;

j) planning;

k) secrecy.

 

Chapter II - Activities and Authority of the Service

 

Article 6 - Scope of activities and authority of the Service

1. The Service shall be independent in its activities and accountable to the Prime Minister of Georgia. The authority, organisation, rules of operation and guarantees of independence of the Service shall be defined by this Law and other legislative and subordinate normative acts of Georgia.

2. The Service has a seal with the image of the state coat of arms of Georgia on it and its name, as well as its own symbols, the samples and rules of use of which shall be developed and approved by a normative act of the Head of the Service in accordance with the procedures established by the Law of Georgia on Symbols of State Importance.

3. The Service is located in Tbilisi.

4. The Service shall exercise its authority abroad, as well as in the entire territory of Georgia, within the limits of its competence.

5. The Service shall prepare and submit intelligence information to the Prime Minister of Georgia regarding the issues falling under its competence.

6. In order to exercise its authority, the Service shall:

a) develop intelligence tasks according to the National Intelligence Programme approved by the Prime Minister of Georgia;

b) develop and implement special programmes necessary for the security and development of intelligence activities;

c) co-operate with persons on a voluntary basis, openly or confidentially;

d) within the limits of its competence, implement methodical, organisational, and organisational-technical measures to ensure the observance of the state-secret regime both within its own subdivisions and in the diplomatic missions and consular offices of Georgia, in accordance with the procedure determined by the legislation of Georgia; and for these purposes, carry out operative as well as engineering and technical measures;

e) use a set of necessary operative, operative-technical and engineering-technical measures in order to ensure the safety of its employees, the sources of operative information and the systems of information and communication;

f) if necessary, cipher and disguise its documentation, personnel, subdivisions, buildings and constructions and transportation means, including by using various documents, plate numbers on transportation means and other identification marks;

g) for the purposes of secrecy, establish organisations of various legal forms, proceeding from the need of the intelligence activities;

h) within the limits of its competence, ensure its own safety, and protect its employees, its sources of operative information, its operational and technical means, buildings and constructions and informational data, from unlawful encroachments;

i) within the limits of its competence, carry out operative-investigative activities;

j) carry out foreign counter-intelligence activities;

k) use operative, operative-technical, engineering-technical, radio-electronic and other special means in order to obtain intelligence information;

l) create and/or use cryptographic systems and coding, together with other methods, in order to protect intelligence information;

m) enter into contracts with enterprises, institutions and organisations (irrespective of their legal form), based on the need to carry out intelligence activities;

n) co-operate with other state structures of Georgia in order to ensure the safety of its property, facilities, information and employees;

o) within the authorised number of its staff and organisational structure, establish an archive, necessary subdivisions, special training, scientific and research activities, and medical and preventive healthcare institutions, and issue special publications;

p) after declassification, transfer historically and scientifically valuable documents of the Service to the Legal Entity under Public Law called the National Archives of Georgia for permanent storage, in accordance with the Law of Georgia on State Secrets;

q) co-operate with the respective services of foreign countries regarding issues related to national, regional and global threats on the basis of the decision of the Prime Minister of Georgia;

r) create, send, receive and store any document (including archival material) in the form of a printed and/or electronic documents, as well as use a personal signature, electronic signature/electronic stamp and electronic trust services.

7. The documents of the Service, which include data about its personnel composition and those persons and/or organisations that confidentially work (or have worked) with the Service, and data about methods and means used by the Service, shall be stored in the archive of the Service and shall not be subject to declassification. The case provided for by Article 24(3) of this Law shall be an exception.

8. While carrying out its activities, the Service may purchase, create or produce special-purpose devices and systems and operate them.

9. The Service shall also carry out other activities proceeding from this Law.

Law of Georgia No 1239 of 20 September 2013 - website, 8.10.2013

Law of Georgia No 4330 of 22 February 2019 - website, 7.3.2019

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

 

Article 7 - Responsibility for the disclosure of intelligence information

In accordance with the procedure established by law, the heads of the legislative, executive and judicial authorities of Georgia and of enterprises and institutions and other officials, to whom intelligence information is submitted, shall be held responsible for disclosing data containing state secrets and decoding the sources of information.

 

Chapter III - Personnel, Organisation and Structure of the Service

 

Article 8 - Personnel of the Service

1. The Service is a united and centralised system.

1¹. The number of employees in the Service shall be determined by a legal act of the Prime Minister of Georgia.

2. An employee of the Service is a person who serves in the position included in the staffing plan of the Service and is awarded a special state rank, as well as a person appointed to a position specified in the service staff but not holding a rank (civilian person) and a person employed under an employment contract.

3. Issues related to the activities of the Service, the rights and responsibilities of the subdivisions, and other organisational issues, shall be determined by the statute of the Service, which is approved by the Government of Georgia upon the recommendation of the Prime Minister of Georgia.

Law of Georgia No 1239 of 20 September 2013 - website, 8.10.2013

Law of Georgia No 5151 of 3 June 2016 - website, 10.6.2016

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

Article 9 - Head of the Service

1. The Service is managed by the Head of the Service, who is appointed and may be dismissed by the Prime Minister of Georgia.

2. The Head of the Service shall be a chief adviser to the Prime Minister of Georgia on issues related to intelligence.

3. The Head of the Service shall:

a) manage the implementation of the National Intelligence Programme approved by the Prime Minister of Georgia;

b) determine the objectives and priorities related to the intelligence activities of the Service in accordance with the National Intelligence Programme;

c) provide intelligence information to higher state authorities and relevant government institutions;

c¹) submit the annual report of the service's activities to the Prime Minister of Georgia;

d) send official intelligence representatives to the diplomatic missions of Georgia;

e) coordinate the development and establishment of state standards for cryptographic means and codes protecting intelligence information;

f) award the employees of the Service with special state ranks up to colonel, as well as class ranks, in accordance with the procedure established by the legislation of Georgia;

g) represent the Service in relations with international and other organisations;

h) issue normative acts in accordance with the procedure established by the Law of Georgia on Normative Acts;

i) set up commissions and working groups;

j) determine monetary rewards, as well as the amount of the one-off allowance that is provided in special cases;

k) exercise other powers granted under this Law and other legislative and subordinate normative acts of Georgia.

4. The Head of the Service may not hold any other position or be engaged in any other paid activities, except for scientific, pedagogical or creative activities.

Law of Georgia No 1239 of 20 September 2013 - website, 8.10.2013

Law of Georgia No 1835 of 22 December 2017 - website, 29.12.2017

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

Article 10 - Deputies of the Head of the Service

1. The Head of the Service has deputies, including one first deputy.

2. The procedure for appointing and dismissing the deputies of the Head of the Service shall be determined by the statute of the Service, whereas their powers shall be determined by a legal act of the Head of the Service.

 

Article 11 - Employees of the Service

1. The rights and responsibilities of the employees of the Service and their social protection guarantees and responsibilities shall be determined by this Law and other legislative and subordinate normative acts of Georgia.

2. A citizen of Georgia who, based on his/her personal and professional characteristics, education and health condition, is capable of fulfilling the duties assigned to him/her, shall be recruited for the Service after he/she undergoes a special examination.

2¹. A person hired for the position shall be appointed for a probationary period and shall be subject to completing a special training course approved by the head of the Service. Issues of exemption from completing a special training course and/or reducing its duration may be determined by a legal act of the head of the Service.

2². A person with at least 2 years of experience in an operational and/or analytical position in the Service may be appointed to the position of Head of Division or a position higher than the position of Head of Division, to the position of Intelligence Officer of the sixth category or a position higher than the sixth category of Intelligence Officer, and may also be sent to the official diplomatic missions of Georgia by the Service.

3. The procedures and conditions for selecting, and for conducting the special examination and recruiting employees of the Service, and the terms of their service, shall be established by legal acts of the Head of the Service.

4. Employees of the Service are awarded special state ranks, and class ranks, the list of which shall be determined by the legislation of Georgia.

5. A citizen of Georgia who has not completed compulsory military service/national military service for conscripts and is a conscript, as well as a citizen of Georgia who has been exempted from national military service for conscripts in accordance with the procedure established by the legislation of Georgia, may be accepted into the Service.

6. (Deleted – 21.9.2023, No 3509).

7. The labour activities of an employee of the Service shall be regulated by this Law and other normative acts of Georgia.

8. According to this Law, and in order to fulfil their duties, employees of the Service may, without disclosing themselves, hold a position in the executive authorities of Georgia, as well as in various enterprises, institutions and organisations.

9. The heads of the executive authorities, and of various enterprises, institutions and organisations, shall be held responsible for disclosing employees referred to in paragraph 8 of this article, in accordance with the legislation of Georgia.

10. The period of time secretly served by an employee of the Service at other enterprises, institutions or organisations (while remaining on the staff of the intelligence system of Georgia) shall be counted towards his/her total length of service.

11. Employees of the Service may not go on and/or participate in a strike, organise and/or conduct, or participate in meetings or demonstrations, be a member of a political association, or concurrently be engaged in other paid activities, except for pedagogical, scientific and creative activities and except as provided for by paragraph 8 of this article.

12. The status of an employee of the Service may not be used for purposes that are not related to the fulfilment of the employee's duties.

13. In accordance with the procedure established by the Head of the Service, the State shall provide fuel and the cost of mobile communication to an employee who uses his/her own vehicle and/or mobile phone when performing official duties.

14. Vocational training and qualification upgrades of employees of the Service shall be carried out by the Service.

15. If necessary, an employee of another institution within the intelligence system of Georgia, may be sent on a mission to the Service, while being retained on the staff of the respective institution. An employee of the Service may also be sent on a mission to another institution within the intelligence system of Georgia. Financial support for such missions shall be provided in accordance with the legislation of Georgia.

Law of Georgia No 3124 of 4 March 2015 - website, 19.3.2015

Law of Georgia No 3398 of 5 September 2018 - website, 26.9.2018

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

Article 11¹ – (Deleted)

Law of Georgia No 3124 of 4 March 2015 - website, 19.3.2015

Law of Georgia No 3589 of 31 October 2018 - website, 21.11.2018

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

 

Article 11² - Oath of an employee of the Service

1. (Deleted – 21.9.2023, No 3509).

2. After employees are recruited for the Service, they shall take an oath of an employee of the Service.

3. The text of the oath of an employee of the Service shall be approved by an ordinance of the Government of Georgia upon submission by the Service.

Law of Georgia No 3124 of 4 March 2015 - website, 19.3.2015

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

 

Chapter IV - Official Relations among Employees of the Service

 

Article 12 - Documents to be submitted when being recruited by the Service

A person willing to be recruited by the Service shall submit the documents determined by the legislation of Georgia and the legislative act of the Head of the Service.

 

Article 13 - Grounds for the refusal to recruit a person to the Service

The grounds for the refusal to recruit a person to the Service shall be:

a) a previous conviction;

b) alcoholism, drug addiction, toxicomania, mental or other serious chronic diseases;

c) being recognised as a person with limited capability or declared as a beneficiary of support by a court, unless otherwise determined by a court decision;

d) other grounds determined by a legal act of the Head of the Service.

Law of Georgia No 3352 of 20 March 2015 – website, 31.3.2015

 

Article 14 - Suspending official relations with an employee of the Service

1. Official relations with an employee of the Service shall be suspended on the grounds and under the procedure established by the legislation of Georgia.

2. The suspension of official relations with an employee of the Service shall be documented by a legal act of the Head of the Service.

 

Article 15 - Incentives for employees of the Service

1. The following incentives shall be determined for the employees of the Service for their exemplary performance of official duties and other achievements:

a) commendations;

b) monetary rewards or valuable gifts;

c) early lifting of a disciplinary punishment;

d) awarding Service diplomas;

e) awarding badges;

f) awarding Service medallions;

g) awarding Service medals;

h) awarding the next special state rank;

i) awarding civilian or service guns;

j) promotion;

k) nomination for state award.

2. Several forms of incentives may be awarded to an employee of the Service at a time.

3. The Head of the Service shall have the right to award incentives to employees of the Service.

4. The fact of awarding incentives to the employees of the Service shall be recorded in their personal files.

Law of Georgia No 1835 of 22 December 2017 - website, 29.12.2017

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

Article 16 - Dismissing employees of the Service

An employee may be dismissed from the Service:

a) in accordance with the procedure established by the legislation of Georgia, due to the deterioration of his/her health condition, in the case of a serious disease, because of which he/she can no longer continue service;

b) due to the expiration of the term provided for by a labour contract;

c) due to failure to comply with the provisions of a labour contract;

d) due to incompatibility with the occupied position;

e) upon committing a disciplinary misconduct, if any other disciplinary measure is already in effect against him/her, or upon committing a serious disciplinary misconduct;

f) due to staff reduction;

g) due to other violations related to the incompatibility of offices when being elected or appointed in legislative, executive or judicial authorities or municipality bodies, or institutions under the subordination of municipality bodies/the Sakrebulo staff, if this violation is not rectified within 10 days after the incompatibility is identified;

h) on his/her own initiative;

i) due to violation of Service regulations, or revealing the secrets of the Service (except in the cases provided for by Article 50(4) of the Criminal Procedure Code of Georgia) and other behaviour that is inappropriate for an employee of the Service;

j) due to a judgement of conviction entered into legal force against him/her;

k) due to losing citizenship of Georgia, unless this is carried out in order to perform his/her official duties secretly;

l) due to violating the requirements established for recruitment or for appointment to the position;

m) due to reaching an age limit;

n) (deleted – 7.9.2022, No 1723);

o) due to the illegal use of narcotics, or psychotropic or toxic substances;

p) due to the reorganisation and/or liquidation of the Service or a subdivision;

q) due to death;

r) due to being declared missing or dead by the court;

s) due to being recognised as a person with limited capability or being declared as a beneficiary of support by a court, unless otherwise determined by a court decision;

t) due to receiving an unsatisfactory evaluation during the probationary period.

Law of Georgia No 1731 of 11 December 2013 – website, 25.12.2013

Law of Georgia No 3352 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 6920 of 15 July 2020 – website, 28.7.2020

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

 

Article 17 - Liability of an employee of the Service

1. An employee of the Service shall be liable for committing an administrative offence or a crime in accordance with the standard procedure.

2. For disciplinary misconduct causing damage to the property of the Service or purposely creating a threat of this kind of damage, or for committing an act in violation of the norms of general ethics or for disruptive behaviour (faulty action) discrediting an employee or the Service, irrespective of whether it was committed inside or outside the Service, for violating the regulations of the Service, for failure to perform or properly perform the duties assigned to him/her by the Law, the following disciplinary measures shall be applied against employees of the Service:

a) an admonition;

b) a reprimand;

c) a severe reprimand;

d) withholding of salary for not more than 10 days;

e) demotion of a special state rank by one level;

f) transfer to a lower rank remuneration level, for not more than 1 year;

g) dismissal from the Service in accordance with the procedures established by this Law and other legislative acts of Georgia.

3. An employee of the Service may be dismissed for disciplinary misconduct if any other disciplinary measure has already been imposed on him/her, except as provided for by paragraph 5 of this article.

4. A disciplinary measure shall be applied not later than six months after the fact of disciplinary misconduct is identified (discovered). The period of illness and leave of an employee of the Service shall not be included in this term. A disciplinary measure may not be applied if more than three years have passed after the commission of disciplinary misconduct. The period of criminal proceedings shall not be included in this term. If an employee of the Service commits a crime, he/she shall be dismissed from the Service irrespective of the period of time which has passed since committing the crime.

5. Within the limits of his/her competence and in accordance with the procedure established by the legislation of Georgia, the Head of the Service may apply any disciplinary measure referred to in paragraph 2 of this article against an employee of the Service, including dismissal from the Service without imposing a disciplinary measure, in the event of serious misconduct.

6. One case of disciplinary misconduct committed by an employee of the Service shall be subject to only one disciplinary measure.

7. A disciplinary measure shall be imposed by an order of the Head of the Service. An employee of the Service, on whom the disciplinary measure has been imposed, shall be presented with the order. Orders imposing a disciplinary measure on employees of the Service shall be kept in their personal files.

8. An employee of the Service shall be considered as free of the disciplinary measure if six months have passed after the measure was imposed and no new disciplinary measure has been imposed on him/her.

9. An imposed disciplinary measure may be lifted from an employee of the Service early for his/her exemplary performance of official duties, in accordance with the procedure established by this Law. A disciplinary measure shall be lifted by a respective order, which is presented to the employee of the Service. Such orders shall be kept in his/her personal file.

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

Article 17¹ - Working hours of an employee of the Service

1. Irregular working hours shall be established for an employee of the Service.

2. In particular cases, and on the basis of an individual administrative act of the Head of the Service, a special working regime may be declared for a specific period of time at the Service, during which employees of the Service shall stay at their usual working places. An employee of the Service may leave the working place only with the permission of his/her direct superior.

3. The Service shall shift to a special working regime if martial law or a state of emergency or other extreme situation is declared.

Law of Georgia No 3124 of 4 March 2015 - website, 19.3.2015

 

Article 18 - Right to keep, carry and use firearms

1. An employee of the Service may keep, carry and use a service or a military weapon in accordance with the procedure established by the legislation of Georgia.

2. The list of service and military weapons and ammunition in the arsenal of the Service shall be approved by the Government of Georgia.

Law of Georgia No 1239 of 20 September 2013 - website, 8.10.2013

 

Chapter V - Legal Protection of Employees of the Service

 

Article 19 - Legal protection of employees of the Service

1. When performing official duties, an employee of the Service represents the state authority and is protected by the State.

2. An employee of the Service shall be independent in his/her official activities. He/she may not be dismissed from the Service, except in the cases and under the procedures established by this Law.

3. Impeding the performance by an employee of the Service of his/her duties, violating his/her honour and dignity and those of his/her family members, threatening, resisting and demonstrating violence towards them and encroaching on their life, health or property, shall result in liability as provided for by the legislation of Georgia.

4. Bringing employees of the Service before law enforcement bodies, detaining them and searching their workplace, apartment, storage, private vehicles or those used by them, shall be performed in accordance with the procedure established by law and in compliance with the Criminal Procedure Code of Georgia, and the Service shall be immediately notified regarding all these.

5. If an employee of the Service or his/her family members are detained, imprisoned or convicted for carrying out intelligence activities abroad, the State shall be obliged to support their release.

 

Article 20 - Prohibition of interference by the Service with the official activities of an employee of the Service

Interference with the official activities of an employee of the Service, as well as the obstruction of the activities of an employee of the Service by state officials, public and political associations, their representatives and other persons who are not authorised by law to interfere with the official activities of an employee of the Service or to influence them, shall be prohibited. Such actions shall be punishable by law.

 

Chapter VI - Social Protection of Employees of the Service

 

Article 21 - Social protection of employees of the Service

1. The social protection of employees of the Service is guaranteed by the Constitution of Georgia, this Law and other legal acts of Georgia. The State shall ensure the social protection of employees of the Service.

2. The remuneration of an employee of the Service includes salary, monetary rewards and other additions and compensations provided for by the legislation of Georgia. The salary of an employee of the Service consists of remuneration for the position occupied and for the rank awarded. The rates of remuneration for the position of employees of the Service shall be determined by an ordinance of the Government of Georgia.

2¹. The procedure for reimbursing and providing material and technical support for official intelligence representatives assigned to diplomatic missions of Georgia shall be determined by an ordinance of the Government of Georgia.

3. Employees of the Service shall be entitled to an annual paid leave of 30 calendar days. An employee of the Service shall be granted maternity leave in accordance with the legislation of Georgia.

4. State compensation shall be granted to an employee of the Service, who has a special state rank, in the amount and under the procedure provided for by the Law of Georgia on State Compensation and State Academic Stipends.

5. Paragraph 4 of this article shall not apply to employees of the Service who have been dismissed under Article 16(e),(i),(j), and/or (o) of this Law.

6. Employees of the Service and their family members (spouse and minor children) shall be subject to compulsory insurance at the expense of the state budget of Georgia.

7. Damage caused to an employee of the Service during the performance by him/her of official duties shall be fully compensated from the state budget of Georgia in accordance with the procedure established by the legislation of Georgia.

8. Damage which was caused abroad to a family member of an employee of the Service and which is related to the performance of official duties abroad by the employee of the Service, shall be fully compensated from the state budget of Georgia in accordance with the procedure established by the legislation of Georgia.

9. An employee of the Service shall have the right to request the compensation provided for by paragraphs 7 and 8 of this article within a period of one year after the damage is caused.

Law of Georgia No 1835 of 22 December 2017 - website, 29.12.2017

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

Article 22 - Compensation in the case of the killing (death) or disability of an employee of the Service

1. If an employee of the Service is killed or dies while performing his/her official duties, a lump sum allowance in the amount of GEL 15 000 shall be provided to his/her family/heir from the state budget of Georgia. Burial (grave decoration) expenses in the established amount and expenses for the transfer of remains shall be compensated by the State.

2. State compensation in the amount and under the procedure provided for by the Law of Georgia on State Compensation and State Academic Stipends, shall be provided to family members of persons provided for by paragraph 1 of this article, who are granted a special state rank.

3. An employee of the Service who was severely injured and/or disabled while performing official duties, based on the degree of the severity of bodily injuries, shall be granted a lump sum allowance in the amount of not more than GEL 10 000 from the state budget of Georgia in accordance with the procedure established by the legislation of Georgia.

4. State compensation in the amount and under the procedure provided for by the Law of Georgia on State Compensation and State Academic Stipends shall be provided to an employee of the Service, who is granted a special state rank and who has become a person with limited capability while performing official duties.

5. State compensation and allowances shall be provided to employees of the Service by relevant authorised state bodies determined by the legislation of Georgia.

6. One day of service of an employee of the Service, who carries out intelligence activities in especially difficult intelligence conditions, shall be counted as two days.

7. Especially difficult intelligence conditions for intelligence activities shall be defined by a legal act of the Head of the Service.

8. Monthly remuneration shall be retained for an employee of the Service who has been detained or imprisoned for performing intelligence activities abroad, and one day of detainment or imprisonment shall be counted as three days of service.

9. In the cases referred to in paragraphs 6 and 8 of this article, the amount of remuneration of an employee of the Service for the position occupied shall be doubled and tripled.

10. If an employee of the Service has partially or fully lost professional suitability for reasons beyond his/her control or as a result of disclosure, after the examination of these circumstances and based on the respective conclusion, the Service shall ensure the employment of the employee or create conditions for his/her professional retraining, including the compensation of related expenses.

11. Within the limits of the allocations from the State Budget of Georgia for the employees of the Service, the Head of the Service may establish additional social protection measures and privileges not provided for in this Law.

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

Chapter VII - Legal Status and Social Protection of Persons who Work (or have Worked) with the Service Confidentially

 

Article 23 - Rights and responsibilities of persons who confidentially work with the Service

1. In order to achieve the goals of intelligence activities, the Service may work with persons who voluntarily agree to confidential collaboration, with an appropriate payment or without payment. The procedure for and forms of collaboration with such persons shall be determined by a normative act of the Head of the Service.

2. A person, who confidentially collaborates with the Service, shall have the right to:

a) enter into a contract for confidential collaboration with the Service or work with them in other existing forms;

b) receive explanations from the employees of the Service regarding his/her tasks and rights and responsibilities;

c) use identity documents that are encrypted by the Service for the purposes of secrecy;

d) receive appropriate payment;

e) receive compensation for damage and loss caused to his/her health or property during the period of collaboration with the Service.

3. A person, who confidentially collaborates with the Service, shall:

a) not disclose the fact and terms of collaboration with the Service;

b) not provide the Service with false or slanderous information;

c) protect information containing state secrets, shared or known to him/her.

 

Article 24 - Social protection of persons who work (or have worked) with the Service confidentially

1. The social protection of persons who work (or have worked) with the Service shall be determined by a normative act of the Head of the Service.

2. A person, who works (or has worked) with the Service confidentially and is not a citizen of Georgia, may, upon his/her request, be granted Georgian citizenship in accordance with the legislation of Georgia.

3. The period of collaboration with the Service of a person referred to in paragraph 2 of this article shall be counted towards his/her total length of service, provided he/she has been granted Georgian citizenship.

4. No one has the right to request information regarding those persons and organisations who confidentially work (or have worked) with the Service, except persons authorised by the legislation of Georgia.

 

Chapter VIII - Financial Support of the Service

 

Article 25 - Financial support of the Service

The Service shall be financed from the state budget of Georgia.

 

Chapter IX - State Control and Supervision over the Service

 

Article 26 - Supervision by the Prime Minister of Georgia

The Prime Minister of Georgia shall exercise official supervision over the Service.

Law of Georgia No 1239 of 20 September 2013 - website, 8.10.2013

 

Article 27 - Parliamentary control

1. Parliamentary control of the Service shall be carried out in the form and in the manner provided by the Constitution of Georgia and the Rules of Procedure of the Parliament of Georgia.

Law of Georgia No 3892 of 6 December 2018 - website, 14.12.2018

 

Article 28 - Deleted

Law of Georgia No 3808 of 30 November 2018 - website, 13.12.2018

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

 

Article 29 - Financial control

The use and spending of funds allocated from the State Budget of Georgia and other state material assets by the Service shall be supervised by the State Audit Service of Georgia.

Law of Georgia No 6550 of 22 June 2012 - website, 29.6.2012

Law of Georgia No 1723 of 7 September 2022 - website, 21.9.2022

 

 

Chapter X - Transitional and Final Provisions

 

Article 30 - Transitional provision

The Service shall, within three months after the entry of this Law into force, bring its subordinate normative acts into compliance with this Law.

 

Article 30¹ - Military service during the transition period

1. Before 1 January 2025:

a) a military service person serving in the Service shall perform military service in accordance with the Defence Code. His/her social and legal protection guarantees shall be determined by this Law and other relevant normative acts;

b) a conscript may be enrolled in contract service. His/her term of service shall be determined by the Defence Code;

c) the procedure for selecting conscripts, taking training courses and for serving in the Service by conscripts shall be established by the Resolution on the Procedure for National Military Service of Conscripts in the Georgian Intelligence Service, which shall be approved by the Government of Georgia upon the recommendation of the Service;

d) a conscript shall undergo special training courses before being enlisted in the personnel of the Service.

2. A conscript who has completed contract service in accordance with the established procedure shall be considered to have completed the National Military Service of Conscripts. After completing the National Military Service of Conscripts, he shall be enrolled in the Reserve of the Georgian Defence Forces with the military rank of a Private.

3. In the event of premature termination of service by a person who is undergoing conscript national military service, on his own initiative (voluntarily) or through his fault, he shall be dismissed from Service without counting the period of service. The person shall be subject to conscription into the National Military Service of Conscripts under the general procedures.

Law of Georgia No 3509 of 21 September 2023 - website, 12.10.2023

 

 

Article 31 - Final provision

This Law shall enter into force upon its promulgation.

 

 

President of Georgia                                           M. Saakashvili

Tbilisi

27 April 2010

No 2984– რს