Admission to the OSCE: 24 March 1992
Policing overview: The Ministry of Internal Affairs is the main law enforcement agency in Georgia.
1. General information
Extensive reforms were carried out in Georgia since 2003. First stage implied merging of the Ministry of State Security and the Ministry of Internal Affairs as a result of which functional parallelism between these bodies was eradicated and new normative base of the Ministry of Internal Affairs was created according to the principles of international law and human rights protection.
The second stage envisages structural reorganization in order to respond to the international/national recommendations and enhance Georgian police performance and accountability. The main aim of such reestablishment is to create an impartial, accountable, the community-oriented and transparent law enforcement structure.
The mission of the Ministry of Internal Affairs is to provide the population with a quality service and high level of safety, while ensuring respect for dignity and protection of fundamental rights of each individual.
⇒ Emergency and Operative Response Center – “112”
Emergency Response Center ensures operative response to crisis situations. Calls are received via unified emergency number 112 which is free of charge and available 24/7.
⇒ Structural reforms
Restructuring the Ministry - The Constitutional Security Department (CSD) and the Special Operative Department (SOD) were abolished. The Anti-corruption and the State Security agencies were established instead of the CSD. The Anti-corruption Agency carries out revelation of conflicts of interest in the public service and the fight against corruption and malfeasance by state officials. After the abolishment of the SOD, the Central Criminal Police Department carries out its functions.
Establishment of the Reforms and Development Agency - In order to institutionalize the MoIA policy and planning process, to carry out the reforms and coordinate the monitoring of their implementation, the Reforms and Development Agency was established, which is also responsible for elaboration of strategic and departmental documents, development policy and plans of the MoIA. Harmonization of relevant legislation with Euro-Atlantic standards, periodic analysis of the system and activities of the Ministry, elaboration of recommendations based thereon are also the functions of the Agency. Existing practice was changed by the new approach of conducting permanent evaluation and analysis of the MoIA system, needs assessment and rational utilization of the resources.
The process of establishing the Main Division for Migration within the Patrol Police Department of the Ministry of Internal Affairs has been initiated – Main Division for Migration will be responsible for detection, detention and expulsion of irregular migrants. Within the framework of the concept, the Ministry has developed the unified immigration database, which collects and processes information regarding border cross by foreigners and validity of their visa. This program is equipped with alarm function which activates when the person is staying on the territory of Georgia illegally.
In the nearest future, the work on building the Accommodation Center for irregular migrants will be commenced. The Statute for the Accommodation Center of Irregular Migrants has been elaborated. The Center will accommodate irregular migrants until their identification and/or expulsion from the country. The draft statute defines the structure of the center, its scope of activity, objectives, conditions and rules of detention, also rights and duties of detainees.
⇒ Legislative reforms
Law of Georgia “On Police” - New Law “On Police” was adopted by the Parliament of Georgia on October 4, 2013. It aims to create legal ground for sophisticated, politically unbiased police of European standards, protecting public security and legal order. Despite sharing features of the police systems of several European countries, especially Germany, as well as taking in account international standards, the peculiarities of Georgia were maximally considered during the work on the draft law. This law complies fully with the constitutional principle of Definetness and protects persons from the arbitrariness of police on the one hand, but on the other hand protects police officer. The latter can define in advance the legitimacy of his/her action, as well as the legitimate consequences of this action.
Draft law on the “Road Traffic” - The rationale for developing the draft law on the “Road Traffic” is to ensure compliance of road traffic regulatory norms and provisions with the Vienna Conventions on “Road Traffic” and “Road Signs and Signals”, as well as with other European agreements regulating the road safety. The Draft has been developed on the basis of sharing the experience of some European countries in this sphere.
Law on “International Law Enforcement Cooperation” - In the beginning of 2013 the Ministry of Internal Affairs of Georgia elaborated the draft Law of Georgia on “International Law Enforcement Cooperation” for the realization of efficient international cooperation in the field of prevention, detection, and suppression of crimes on the basis of international treaties, principle of reciprocity and ad hoc decision made by the respective minister or deputy minister. The law was adopted by the Parliament of Georgia and signed by the President of Georgia on 4th of October 2013. This law also aims to fully implement the obligations regarding international law enforcement cooperation arising from the relevant bilateral and multilateral international treaties of Georgia, especially from CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. EU expert mission organized within TAIEX has assessed the law as an outstanding legal document.
The Georgian Police Code of Ethics - Within the framework of the Criminal Justice Reform, along with other normative acts, the Ministry of Internal Affairs elaborated the Georgian Police Code of Ethics. The main objective of the Code is to enhance the loyalty of the policemen to the norms of professional ethics, strengthen high moral values and sense of personal responsibility for service duties.
Code of Ethics is obligatory for police officers, while on and off the duty. The police officer must be constantly ready to carry out his/her duties.
Rules of Conduct for Patrol Police Officer, Patrol-Inspector (Border-Control Officer), Border Police Officer and the Staff of Temporary Detention Isolators (TDI) - Within the framework of the MoIA reforms, police instructions were elaborated for various units. The main purpose of these instructions is to protect human rights. Instructions emphasize the importance of being in the public service, intolerance to corruption, and responsibility for following illegal orders.
Law of Georgia on “Legal Status of Foreigners and Stateless Persons” - Together with the Ministries of Foreign Affairs and Justice and the Office of State Minister of Georgia for Diaspora Issues, the Ministry of Internal Affairs has elaborated the draft of amendments to the Law of Georgia on “Legal Status of Foreigners and Stateless Persons” within the framework of the Governmental Commission for Migration. The project defined following amendments: Georgian visa categories and its issuance, extension and termination procedures; the rules and conditions for granting a residence permit; principles and procedures for the expulsion of aliens from Georgia; procures and terms for the appeal decision on expulsion; detention conditions and procedures for the purpose of deportation, also conditions for the voluntary return.
Organizational chart – Ministry of Internal Affairs of Georgia [English] (275.61 Kb)
Organizational chart – Ministry of Internal Affairs of Georgia [English] (Format: PDF) http://polis-cp.osce.org/countries/view?item_id=70&attach_id=200
English chart illustrating the structure of the Georgian Ministry of Internal Affairs
International Relations Department of the Ministry of Internal Affairs [English] (342.79 Kb)
International Relations Department of the Ministry of Internal Affairs [English] (Format: ) http://polis-cp.osce.org/countries/view?item_id=70&attach_id=201
1. General information
The court system in Georgia consists of District Courts, an Appeals Court and the Supreme Court. Each level has again three panels of judges – for civil, criminal and administrative cases.
The Prosecutor’s Office carries out criminal prosecution as well as oversight over pre-trial investigation performed by other investigative agencies. It consists of the Office of the Prosecutor General, two offices in the Autonomous Republics of Abkhazia and Adjaria, eight Regional Offices and 30 District Offices. The Office of the Prosecutor General is at the top of the hierarchical structure and coordinates the system. For more information on the structure please visit the official website via the link in the Links section.
3. Penitentiary system
The Ministry of Corrections and Legal Assistance of Georgia (MCLA), as an independent body, was created on February 1, 2009 in accordance with the law of Georgia on “Structure, Proxy and Activity rule of the Government of Georgia”. By January 30, 2009 resolution of government of Georgia the structure and authority of the Ministry was determined.
The main functions and missions
Organization and structure
Following state bodies are under the organizational structure of the Ministry:
Legal entities of public law under the subordination of the Ministry are:
General Inspection is the main unit at the Ministry, which is in charge of internal monitoring. It reveals and responds to any violation of the ethics and disciplinary norm, investigates inappropriate performance of service and duties.
External supervision is conducted by the Parliament of Georgia and office of Public Defender.
In 2010, new Code on Imprisonment entered into force, which liberalized the rights and freedoms of inmates. Three new Establishments were opened, which are in compliance with European standards. The reconstruction process of infrastructure for long-term visits has been finished. As a part of criminal justice reform, individual scheme of serving sentences, as well as individual approach by social workers and psychologists toward juvenile convicts were implemented. According to new code on Imprisonment, the councils for early conditional release were established, which discusses cases for early conditional release in the end of every month.
Except councils for early conditional release, in order to resolve the problem of overcrowding, in 2011 GoG, plans to implement “community service”, as an alternative sanction to imprisonment. It is, also, planned to modernize medical units in Penitentiary Establishments and equip them with modern technology, as well as to upraise the qualification of medical personnel. Construction of new building for 1000 inmates with tuberculosis disease is also planned to be launched on the territory of Medical Establishment for Tubercular Inmates in Ksani. The practice of video-conferencing is going to be implemented. Intensive cooperation is planned with national and international organizations as well as with representatives of private sector for the purpose of re-socialization and rehabilitation of convicts. Different educational, rehabilitation and employment projects are also planned to be carried out in Penitentiary Establishments.
The Ministry of Justice is a principal body responsible for policy development, execution of legal proceedings and protection of the public. It plays a key role in democratic development and improvement of the legal system in the state. Under the influence of democratic reforms, the responsibilities of the Ministry were expanded to include such functions as:
Last Updated: 19 December 2013