LAW OF GEORGIA ON SYMBOLS OF STATE SIGNIFICANCE

LAW OF GEORGIA

ON SYMBOLS OF STATE SIGNIFICANCE

Chapter I.

General Provisions

Article 1

1. This law shall regulate the procedure for determining the symbols of state significance used in Georgia.

2. This Law shall not apply to the state symbols of Georgia or the symbols of the Autonomous Republics of Abkhazia and Adjara. The procedure for their use shall be established by the Organic Law of Georgia in accordance with the Constitution of Georgia.

3. Articles 4, 5, 7 and 8 of this Law shall not apply to the state banknotes of Georgia.

Article 2

The terms used in this Law shall have the following meanings:

a) a state symbol of Georgia − the state coat of arms of Georgia, the national flag of Georgia, the national anthem of Georgia;

b) a symbol of state significance:

b.a) the emblem of a public institution (relevant structural subdivision);

b.b) the flag of a public institution, or a set of flags;

b.c) a set of flags and symbols of a public institution;

b.d) insignia;

b.e) the state award of Georgia, and the departmental award;

b.f) the distinctive sign of state military rank of Georgia, of special state rank; the distinctive sign of the service of military forces, a military unit, or a military subunit;

b.g) the coat of arms of a municipality, the flag of a municipality;

b.h) the state banknotes of Georgia;

b.i) the passports and identity (residence) cards of citizens of Georgia;

b.j) a sample of the blank form of a public institution which bears a state symbol of Georgia and a symbol of state significance;

b.k) documents certifying the registration of a civil act or other official documents which bear a state symbol of Georgia and a symbol of state significance;

c) an event of state significance:

c.a) a military parade;

c.b) the taking of an oath by the President of Georgia;

c.c) ceremonial, international, and festive events held in the territory of Georgia, which have a nationwide importance;

d) emblem − a conditional, symbolic image of the activities and powers of a public institution, a state subordinate agency within the system of a public institution, or a legal entity under public law within the system of a public institution/a legal entity under public law operating within the governance of a public institution, designed in accordance with international heraldic norms;

e) insignia − a conditional, symbolic image of the position and powers of the President of Georgia, the Prime Minister of Georgia, the Chairperson of the Parliament of Georgia, the Minister of Defence of Georgia, the Chief of the General Staff of the Georgian Defence Forces: a flag, a badge medallion, a rod;

f) a set of flags − flags which symbolically depict the hierarchical interdependence of a public institution and a state subordinate agency within the system of a public institution or a legal entity under public law within the system of a public institution/a legal entity under public law operating within the governance of a public institution;

g) the state award of Georgia − an order, or a medal, determined by the Law;

h) the departmental award − a medal, medallion, badge, certificate, or diploma approved by a relevant legal act of a public institution, in accordance with the procedure established by Article 3 of this Law;

i) a public institution − a public institution as determined by Article 3(j) of the Law of Georgia On Public Service.

Chapter II.

Approving, Hoisting, Displaying and Depicting a Symbol of State Significance

Article 3

1. A symbol of state significance and the procedure for its hoisting, displaying and depicting shall be approved by a public institution or its head. A symbol of state significance of a municipality shall be approved by a legal act of the relevant representative body of the municipality, and the procedure for its use shall be determined by a normative act of the Government of Georgia on the basis of preliminary consultations with the State Council of Heraldry at the Parliament of Georgia (State Council of Heraldry) and a positive opinion of the State Council of Heraldry.

2. A symbol of state significance of a legal entity under public law, a state subordinate agency within the system of a ministry of Georgia, and the procedure for its hoisting, displaying and depicting shall be approved by a relevant minister in accordance with the procedure established by paragraph 1 of this article. The procedure for approving, hoisting, displaying and depicting a symbol of state significance of a special-purpose militarised institution of executive authority directly subordinated to the Government of Georgia shall be established by a normative act of the Government of Georgia on the basis of agreement with the State Council of Heraldry.

3. The procedure established by paragraph 1 of this article shall not apply to the state banknotes of Georgia. The Board of the National Bank of Georgia shall develop the image and design of the state banknotes of Georgia and approve same in accordance with the procedure established by its normative acts.

4. Samples of uniforms of a special-purpose militarised institution of an executive authority directly subordinated to the Government of Georgia, or other special-purpose state institutions, and the Ministry of Defence of Georgia, shall be agreed with the State Council of Heraldry in accordance with the established procedure.

Article 4

1. The head of a public institution, for the purpose of agreeing a symbol of state significance with the State Council of Heraldry, and the mayor of a municipality, for the purpose of agreeing a symbol of state significance of a municipality with the State Council of Heraldry, shall address the State Council of Heraldry in writing.

2. The written application provided for by paragraph 1 of this article shall include:

a) the full name of the relevant public institution, and if it is a public institution within the system of another institution, the full name of that institution as well;

b) the grounds for applying to the State Council of Heraldry;

c) a draft image of the symbol of state significance;

d) a description of the symbol of state significance.

3. The State Council of Heraldry shall be authorised to request additional justification from a public institution. A public institution shall be authorised to participate in the discussion of the draft image of a symbol of state significance and to submit additional data to the State Council of Heraldry on its own initiative.

4. The State Council of Heraldry shall evaluate a symbol of state significance submitted for approval in accordance with the criteria provided for by Article 3(1) of this Law.

5. The State Council of Heraldry shall issue an opinion on agreeing to a submitted project within one month after the submission of this project. If the State Council of Heraldry does not issue an opinion within this period, the said project shall be considered agreed. After agreeing on the project, the head officer or body specified by Article 3 of this Law shall be authorised to approve a symbol of state significance.

6. The change of the operating symbol of state significance of a public institution shall be agreed with the State Council of Heraldry in accordance with the procedure established by paragraphs 1-5 of this article. However, in addition to fulfilling the conditions provided for by paragraph 1 of this article, a justification for the change must be submitted.

Article 5

The Procedure for Hoisting, Displaying and Depicting Symbols of State Significance together with the State Symbols of Georgia shall be agreed with the State Council of Heraldry.

Article 6

It is inadmissible to use the symbol of state significance of a public institution as a symbol of state significance of another public institution or as its basis, unless the latter institution is an institution within the system of the former institution, operating or established under its jurisdiction.

Article 7

1. Within 5 days after the approval of a symbol of state significance, a public institution shall send a normative act on the approval of the symbol of state significance to the State Council of Heraldry. The State Council of Heraldry shall publish this normative act on its website within 3 working days.

2. A public institution shall ensure the publication of a normative act on the approval of a symbol of state significance on the website of the Legal Entity under Public Law called the Legislative Herald of Georgia within 5 working days after the issuance of the normative act.

Article 8

1. It is inadmissible to change the sample of a symbol of state significance and any of its parameters agreed with the State Council of Heraldry and approved by a public institution in accordance with the established procedure, as well as to display, hoist or depict a damaged, modified (different from the corresponding sample) symbol of state significance.

2. A damaged or modified symbol of state significance shall be removed and no longer hoisted, nor displayed, nor depicted.

3. The procedure for the destruction of a damaged or modified symbol of state significance of a public institution shall be developed and approved by the public institution or its head, and the procedure for the destruction of a damaged or modified symbol of state significance of a municipality shall be developed and approved by the representative body of the municipality on the basis of a relevant legislative act.

Chapter III.

Transitional and Final Provisions

Article 9

1. A symbol of state significance as provided for by Article 2(b) of this Law and approved before enactment of this Law, except for the state banknotes of Georgia and a symbol of state significance agreed with the State Council of Heraldry before enactment of this Law, must be reapproved by 1 January 2022 in accordance with the procedure established by this Law.

2. In the case of a need to change a symbol of state significance approved before the enactment of this law, it shall be reapproved in accordance with the procedure established by this law.

Article 10

The Government of Georgia shall be tasked with developing and approving the Procedure for Hoisting, Displaying and Depicting Symbols of State Significance together with the State Symbols of Georgia within 3 months after the enactment of this Law.

Article 11

This Law shall enter into force upon its promulgation.

President of Georgia                                                     Salome Zourabichvili

Tbilisi

22 February 2019

No 4313-IIს