Main Principles of Legislation
30 September, 2010

Anna Vachadze


In Georgia, as in many other countries, the Constitution has a superseding power over any other law or act. The Constitution is basis for all kinds of legal relationships and establishes general principles of living in the country. Article 6 of the Constitution stipulates that it is the supreme law of the land. All other legal acts have to be compatible with that law. The constitution of Georgia says that we are all free by virtue of having been

born in this country and are equal before the law regardless our race, ethnic or social origin, sex, religion, political orientation. Also, state takes responsibility to protect universally recognized human rights and freedoms as eternal and supreme human values.


So if you find yourself in Georgia, relax and enjoy life because everyone has the inviolable right to life in this country and this right shall be protected by law! Here, capital punishment is prohibited, physical or mental coercion of a person detained or otherwise restricted in his/her liberty is impermissible, honor and dignity of an individual is inviolable. The constitution of Georgia provides rights in case of a criminal matter - an arrest of an individual shall be permissible by a specially authorized official in the cases determined by law. Everyone apprehended or otherwise restricted in his/her liberty shall be brought before a competent court not later than 48 hours. If, within next 24 hours, the court fails to adjudicate upon the detention or another type of restriction of liberty, the individual shall immediately be released. An arrested or detained person shall be informed about his/her rights and the grounds for restriction of his/her liberty upon his/her apprehension or detention. The arrested or detained person may request for the assistance of a defender upon his/her apprehension or detention, the request shall be met. The term of arrest of a suspect in the commission of a crime shall not exceed 72 hours and the term of detention on remand of an accused shall not exceed 9 months.


In Georgia, every grown-up person has the right to labor, and the right to own property. The civil code of Georgia which defends those rights is a direct reflection of the principles enshrined in the Constitution. Civil code of Georgia regulates all most important issues of civil life, such as a deed of purchase, rent or insurance cases, and if it comes to a court, you can handle this with the help of the Civil Procedural Code. But if you have to do with the governmental departments or individual officials (like for example acquisition of a certain license or any other official document) one should use the Administrative Code. Same would be the case with the Criminal Law. In our country the Criminal Code regulates criminal matters and its procedural part is regulated by the Criminal Procedural Code (CPC). Just for your info, from October the 1st, new Criminal Procedural Code becomes effective, and I will be commenting on its most important issues in the articles that will follow.

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