Закон Грузии О порядке выезда из Грузии и въезда в Грузию граждан Грузии

Law of Georgia

on Procedures for Departure from Georgia and Entry into Georgia by the Citizens of Georgia

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Chapter I – General Provisions

Article 1 – Purpose of the Law

1.The purpose of the Law is to ensure, in accordance with universally recognised principles, the rights of the citizens of Georgia to depart from and return to their country freely, to determine rules and procedures for departing from and entering Georgia by the citizens of Georgia, and also to regulate other relations originating in respect thereof.

2. This Law shall not regulate procedures for travelling for diplomatic and business purposes and for issuing appropriate passports for the citizens of Georgia.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 2 – Legal acts regulating procedures for departure from and entry into Georgia by the citizens of Georgia

1. Legal acts regulating procedures for departure from and entry into Georgia by the citizens of Georgia are: the Constitution of Georgia, this Law, and other legislative and subordinate legal acts of Georgia.

2. If an international agreement, which Georgia is a party to, determines rules other than those laid down by this Law, the international agreement shall apply.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 3 – Permanent or temporary departure from and entry into Georgia by a citizen of Georgia

1. A citizen of Georgia has the right to emigrate from Georgia, or to depart from Georgia permanently to take up permanent residency in another state, as well as the right to depart from and enter Georgia temporarily.

2. The right may not be restricted except in cases provided for by the legislation of Georgia.

Law of Georgia No 922 of 16 October 1997 – The Gazette of the Parliament of Georgia, No 44, 11.11.1997, p. 12

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 4 – The right of a citizen of Georgia to take property abroad

A citizen of Georgia who is permanently or temporarily departing from Georgia has the right to take out any movable property that he/she owns with the right to own, or which has been legally transferred into his/her possession and/or use, unless prohibited by the legislation of Georgia.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Chapter II − Documents Required for Temporary Departure from and Entry into Georgia

Article 5 – Passport of citizen of Georgia

1. A citizen of Georgia shall depart from and enter Georgia temporarily using a passport of a citizen of Georgia issued in accordance with the procedure established by the legislation of Georgia, or a certificate to return to Georgia, or other travel documents substituting for a passport.

2. (Deleted).

3. A passport of a citizen of Georgia is the property of Georgia.

4. Other travel documents substituting for a passport may be issued in accordance with the treaties and international agreements of Georgia.

5. A certificate to return to Georgia shall be issued in accordance with procedures established by the Government of Georgia for the purposes of citizens returning to Georgia, as well those persons whose acceptance is the liability of Georgia under the treaties and international agreements of Georgia.

6. Procedures for processing and issuing a passport of a citizen of Georgia shall be established by the legislation of Georgia.

Law of Georgia No 922 of 16 October 1997 – The Gazette of the Parliament of Georgia, No 44, 11.11.1997, p. 12

Law of Georgia No 190 of 24 June 2004 - LHG I, No 19, 15.7.2004, Art., 87

Law of Georgia No 2630 of 28 December 2005 - LHG I, No 3, 16.1.2006, Art., 24

Law of Georgia No 5975 of 21 March 2008 - LHG I, No 9, 4.4.2008, Art., 62

Law of Georgia No 1152 of 20 September 2013 - website, 1.10.2013

Article 6 – (Deleted)

Law of Georgia No 190 of 24 June 2004 - LHG I, No 19, 15.7.2004, Art., 87

Law of Georgia No 2630 of 28 December 2005 - LHG I, No 3, 16.1.2006, Art., 24

Law of Georgia No 5975 of 21 March 2008 - LHG I, No 9, 4.4.2008, Art., 62

Article 7 – (Deleted)

Law of Georgia No 922 of 16 October 1997 – The Gazette of the Parliament of Georgia, No 44, 11.11.1997, p. 12

Law of Georgia No 190 of 24 June 2004 - LHG I, No 19, 15.7.2004, Art., 87

Law of Georgia No 2630 of 28 December 2005 - LHG I, No 3, 16.1.2006, Art., 24

Law of Georgia No 5975 of 21 March 2008 - LHG I, No 9, 4.4.2008, Art., 62

Article 8 – Temporary departure from Georgia by minors and beneficiaries of support

1. Children under the age of 16 may temporarily depart from Georgia with the permission of one of their legal representatives, or if accompanied by a person of full legal age and capacity.

2. Beneficiaries of support may temporarily depart from Georgia with the written permission of a supporter, unless otherwise determined by a court decision.

3. Minors between the ages of 16 and18 may temporarily depart from Georgia with the permission of one of their legal representatives, unless they are in a registered marriage.

4. If a minor is not accompanied by a legal representative(s) when temporarily departing from Georgia, he/she shall be given a passport on the basis of their application.

5. For the issuance of a passport of a citizen of Georgia, the consent given in the presence of an authorised person from the legal entity under public law called the Public Service Development Agency, under the Ministry of Justice of Georgiaor a consular official, which shall be documented and notarised, or consent given through a means of electronic communication in the presence of an authorised person of the Agency, shall suffice, if:

a) the minor has attained the age of 16;

b) the minor does not have a second legal representative;

c) a second legal representative is recognised as a beneficiary of support by a court;

d) a second representative is recognised as missing, or has been declared dead by a court;

e) there is a court decision that has entered into legal force on the deprivation, suspension or restriction of a second legal representative’s parental rights;

f) a second legal representative is wanted under procedures established by the Criminal Procedure Code of Georgia;

g) due to severe illness, a second legal representative is not able to express his/her will, which is verified by an appropriate certificate;

h) the whereabouts of a second legal representative is unknown and all reasonable efforts to identify his/her whereabouts have been made;

i) the minor needs to temporarily depart from Georgia for the purposes of medical treatment, or to exercise his/her rights and freedoms, and the whereabouts of a second legal representative is unknown, or he/she refuses to give permission to issuea passport of a citizen of Georgia against the best interests of the minor.

6. In the case of disagreement between the legal representatives of a minor on his/her temporary departure from Georgia, the disagreement shall be settled by a court.

7. If a supporter does not give consent with regard to the temporary departure from Georgia by a beneficiary of support, the beneficiary of support may apply to a court to settle the dispute.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Law of Georgia No 3396 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 3700 of 12 June 2015 - website, 15.6.2015

Law of Georgia No 4844 of 4 March 2016 – website, 22.3.2016

Article 8¹ - Departure from Georgia of a child born through extracorporeal fertilisation (surrogacy)

1. A child born in Georgia through extracorporeal fertilisation (surrogacy) may depart from Georgia only if both parents of the child are registered in the civil acts registry prepared by the Agency.

2. Procedures for departing from Georgia by a child born in Georgia through extracorporeal fertilisation (surrogacy) shall be determined by a joint order of the Minister of Justice of Georgia and the Minister of Internal Affairs of Georgia.

Law of Georgia No 4844 of 4 March 2016 – website, 22.3.2016

Article 9 – Time period for reviewing application on the issuance of a passport of a citizen of Georgia to depart from Georgia temporarily

An application on the issuance of a passport of a citizen of Georgia to depart from Georgia temporarily shall be reviewed within 10 days after submitting all necessary documents (except for the case provided for by Article 20²(2¹) of the Law of Georgia on the Procedures for Registering Citizens of Georgia and Aliens Residing in Georgia, for Issuing Identity (Residence) Cards and Passports of a Citizen of Georgia), and within three days if temporary departure from Georgia is related to medical treatment or the participation of a citizen of Georgia in court proceedings abroad.

Law of Georgia No 190 of 24 June 2004 - LHG I, No 19, 15.7.2004, Art., 87

Law of Georgia No 2630 of 28 December 2005 - LHG I, No 3, 16.1.2006, Art., 24

Law of Georgia No 4844 of 4 March 2016 – website, 22.3.2016

Article 10 – Reasons for restricting the right to temporarily depart from Georgia

1. A citizen of Georgia may be refused to be issued a passport of a citizen of Georgia to depart from Georgia temporarily, and/or be allowed to cross the state border of Georgia, if he/she:

a) is wanted by law enforcement bodies;

b) submits false or invalid documents.

2. A citizen of Georgia may be refused to be allowed to cross the state border of Georgia even if he/she is departing to an EU Member State/a country of the Schengen area with which Georgia has a visa-free regime, and if at least one of the following circumstances exists:

a) the citizen of Georgia is prohibited from entering any EU Member State/a country of the Schengen area, and the fact is known to the body authorised to control the state border of Georgia;

b) the citizen of Georgia fails to submit:

b.a) the relevant biometric passport issued during the previous10 years, which will be valid for at least three months after the date of departure from the territory of the EU/Schengen area by the citizen of Georgia;

b.b) a valid travel ticket required to leave the territory of the EU/Schengen area or a valid booking document for such a travel ticket;

b.c) a valid booking document for a hotel or other place of residence located in the EU/Schengen area, other relevant documents certifying the right to live in the hotel/residence place, or the consent of a host legally residing in the territory of the EU/Schengen area to accommodate the citizen of Georgia at his/her place of residence, as well as information on the address of the said hotel/place of residence;

b.d) a certificate of health insurance applicable in the territory of the EU/Schengen area;

b.e) means for ensuring the financing of travel or a document which certifies the ensuring of the financing of travel.

3. The conditions and procedures for crossing the state border of Georgia by a citizen of Georgia who is departing to an EU Member State/a country within the Schengen area, shall be established by the Minister of Internal Affairs of Georgia.The Minister of Internal Affairs of Georgia shall also establish time frames and procedures for appealing against the refusal referred to in paragraph 2 of this article to a higher administrative body/superior official and for reviewing the appeal.

4. Prior to the enforcement of a court decision that has entered into legal force on the return of a child illegally brought to or detained in the territory of Georgia, based on the motion of a central body, namely a relevant structural subdivision of the Ministry of Justice of Georgia, a person under the age of 16 may be refused to be issued a passport and/or be allowed to cross the state border of Georgia, unless otherwise provided for by the legislation of Georgia or the court decision.

Law of Georgia No 2630 of 28 December 2005 - LHG I, No 3, 16.1.2006, Art., 24

Law of Georgia No 5975 of 21 March 2008 - LHG I, No 9, 4.4.2008, Art., 62

Law of Georgia No 6056 of 12 June 2020 – website, 19.6.2020

Law of Georgia No 7069 of 2 September 2020 – website, 4.9.2020

Article 11 – (Deleted)

Law of Georgia No 2630 of 28 December 2005 - LHG I, No 3, 16.1.2006, Art., 24

Article 12 – (Deleted)

Law of Georgia No 922 of 16 October 1997 – The Gazette of the Parliament of Georgia, No 44, 11.11.1997, p. 12

Law of Georgia No 5975 of 21 March 2008 - LHG I, No 9, 4.4.2008, Art., 62

Article 13 – (Deleted)

Law of Georgia No 2630 of 28 December 2005 - LHG I, No 3, 16.1.2006, Art., 24

Law of Georgia No 5975 of 21 March 2008 - LHG I, No 9, 4.4.2008, Art., 62

Article 14 – (Deleted)

Law of Georgia No 5975 of 21 March 2008 - LHG I, No 9, 4.4.2008, Art., 62

Article 15 – Documents required to crossthe border when departing from Georgia

1. A citizen of Georgia departing from Georgia shall undergo passport control, and the date of crossing the border shall be indicated in the passport or the document substituting the passport.

2. When temporarily departing from Georgia, a citizen shall have a visa of the state he/she is travelling to in order to be allowed to cross the border.

3. On the basis of an international agreement, a personmay temporarily depart from Georgia without a visa.

Article 16 – Entry into Georgia

A citizen of Georgia may enter Georgia at any time without the need of a permit.

Chapter III – Special Cases of Regulation of the Right to depart from Georgia

Article 17 – Restriction of the right to depart from Georgia to ensure the safety of its citizens

In the case of a state of emergency in another state, the Government of Georgia may restrict the right of the citizens of Georgia to depart to the said state for a certain period of time for the purposes of their safety. Ordinances of the Government of Georgia on introducing and revoking such restrictions shall be published.

Law of Georgia No 922 of 16 October 1997 – The Gazette of the Parliament of Georgia, No 44, 11.11.1997, p. 12

Law of Georgia No 1152 of 20 September 2013 - website, 1.10.2013

Article 18 – Departure from Georgia by military servants

1. Citizens of Georgia who have temporarily departed from Georgia and who are subject to active military service in accordance with law are obliged to return to Georgia upon the receipt of a notice of conscription to do active military service in Georgia. Military servants and army officers doing extended military service may depart from Georgia for personal matters on the basis of a permit prepared in accordance with the legislation of Georgia.

2. When martial law, war or a state of emergency is declared in Georgia, the Government of Georgia may restrict conscripts, reservists and military servants to depart from Georgia.

3. Ordinances of the Government of Georgia on the introduction and revocation of such restrictions shall be published.

Law of Georgia No 922 of 16 October 1997 – The Gazette of the Parliament of Georgia, No 44, 11.11.1997, p. 12

Law of Georgia No 1152 of 20 September 2013 - website, 1.10.2013

Chapter IV – Procedure for Reviewing and Resolving the Issue of Emigration

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 19 – Emigration document

A citizen of Georgia may emigrate using a passport of a citizen of Georgia. In accordance with an international agreement of Georgia, a document substituting for a passport may be issued as an alternative.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 20 – Application for obtaining an emigration permit

1. A citizen of Georgia of full legal age and capacity may apply for obtaining an emigration permit.

2. An interested person may apply to the Agency for obtaining an emigration permit.

2¹. (Deleted – 30.3.2021, No 422).

2². Where an application for obtaining an emigration permit is filed by a representative, the power of representation may be granted to a person in accordance with the procedure established by paragraphs 2³–2⁵ of this article.

2³. An application submitted in an electronic form may be admitted if:

a) the electronic communication allows for a direct visual contact between the applicant and the person authorised to accept the application, and it is possible to identify the applicant and verify his/her identity by using information in the electronic database of the Agency;

b) it has been confirmed by the applicant’s qualified electronic signature.

2⁴. Where so provided for by paragraph 2³(a) of this article, when a suspicion is raised regarding the identity of an applicant, an appropriate official shall be authorised to refuse to accept the application submitted in an electronic form.

2⁵. The Agency shall ensure that a record indicating visual contact is saved in electronic form.

3. The application shall cover all data specified in a passport of a citizen of Georgia. The following shall be attached to the application:

a) a copy of a passport of a citizen of Georgia;

b) for persons between the ages of 18 to 27, a copy of a military service card, or a certificate on the postponement of conscription to military service, or on the release from conscription to military service or military duty;

c) two photos of 3x4 size;

d) documents certifying the payment of the service fee.

4. When a permit is issued for the emigration of a minor, the documents specified in sub-paragraphs (a), (c) and (d) of paragraph 3 of this article, as well as a copy of the birth certificate and a document certifying consent as provided for by Article 23(1) of this Law, shall be attached to the application. A copy of a birth certificate issued in a foreign state shall be submitted after it is legalised through an appropriate procedure or authenticated by apostille, unless otherwise determined by a treaty or an international agreement of Georgia.

5. It shall be admissible to issue a permit for the emigration of a minor on the basis of the notarised consent of a legal representative, or consent given by a legal representative in accordance with procedures established by paragraphs 2³–2⁵ of this article.

5¹. It shall be admissible to issue a permit for the emigration of a beneficiary of support on the basis of the notarised consent of his/her supporter, or consent given by his/her supporter, in accordance with procedures established by paragraphs 2³–2⁵ of this article, unless otherwise determined by a court decision.

6. After submitting the application and copies of the attached documents in an electronic form for receiving an emigration visa, an interested person shall ensure that a document certifying the consent provided for by Article 23 of this Law, and a copy of a birth certificate legalised or authenticated by apostille, and a certificate of the postponement of conscription to military service, or of the release from conscription to military service or the military duty are submitted.

7. A copy of a birth certificate issued by a foreign state and legalised or authenticated by apostille may be received without the submission of the original in electronic form if the validity of the legalisation or authentication by apostille is verifiable through an appropriate electronic registry or other means.

8. In the case of a failure to submit the documents provided for in paragraph 6 of this article, five days before the expiry of the period for reviewing the application, the Agency shall specify a period of not less than five days for an interested person to submit the documents. The period for reviewing the application shall be deemed suspended before the submission of documents.

9. If the documents provided for by paragraph 6 of this article are not submitted within the set period of time, the Agency shall be authorised to make a decision on dismissing the application in question.

10. If an applicant is no longer interested in obtaining an emigration permit, he/she shall be entitled to apply to the Agency at any stage of administrative proceedings and request the termination of proceedings.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art.,265

Law of Georgia No 1389 of 11 July 2009 - LGH I, No 21, 3.8.2009, Art., 107

Law of Georgia No 2320 of 15 December 2009 - LHG I, No 46, 22.12.2009, Art., 352

Law of Georgia No 3356 of 6 July 2010 - LGH I, No 41, 21.7.2010, Art., 256

Law of Georgia No 4050 of 15 December 2010 - LHG I, No 76, 29.12.2010 Art.,494

Law of Georgia No 4938 of 24 June 2011 - website, 14.7.2011

Law of Georgia No 6317 of 25 May 2012 - website, 19.6.2012

Law of Georgia No 3396 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 4844 of 4 March 2016 – website, 22.3.2016

Law of Georgia No 422 of 30 March 2021 – website, 13.4.2021

Article 21 – Reviewing an application for the issuance of an emigration permit

1. The application for issuing an emigration permit shall be reviewed within one month from the submission of the necessary documentation.

2. In accordance with procedures established by this Law, the Agency shall issue a permit for emigration and put a stamp indicating ‘Permanent Departure’ in a passport of a citizen of Georgia, indicate the date of issuing the permit, which shall be confirmed by the seal of the Agency and the signature of an authorised person.

3. (Deleted – 24.6.2011, No 4938).

4. If an emigrant changes a passport of a citizen of Georgia, the Agency is obliged to issue an appropriate act and move the stamp with a relevant note provided for in paragraph 2 of this article into the new passport within 10 days after the emigrant submits the permit for emigration and the application.

5. Interested parties shall be notified through electronic communication of a decision on the issuance of a permit for emigration made during administrative proceedings.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Law of Georgia No 4938 of 24 June 2011 - website, 14.7.2011.

Article 22 – Grounds for refusing to issue an emigration permit

1. An interested person may be refused to be issued an emigration permit, or to be allowed to cross the state border of Georgia, if:

a) a criminal prosecution is under way against him/her;

b) he/she has not served a sentence imposed by a court;

c) he is of conscription age and has not undertaken military service, unless he is released from such duty under procedures established by law;

d) because of his/her work, he/she is aware of state or military secrets, and the period specified by law has not elapsed whereby he/she is no longer restricted by such work. The said period shall not exceed five years;

e) he/she submits false documents when filing an application in order to obtain an emigration permit.

2. Within two days from the receipt of the application by an interested person, the Agency shall send a notification to state authorities on the existence of circumstances indicated in paragraph 1 of this article, and to natural and legal persons responsible for submitting information and documents to the Agency, within five days from the receipt of the notification. If the specified period is not sufficient to submit the information and documents, state authorities and natural and legal persons shall notify the Agency thereof in writing, after which they shall be given an additional 2-day period.

3. In the case of the failure of state authorities and natural and legal persons to submit to the Agency the appropriate information and documents within the period indicated in paragraph 2 of this article, the Agency shall complete a review of the matter within the period specified by law.

4. A citizen shall be immediately notified in writing of a decision on the refusal to issue an emigration permit.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 22¹ - Revocation of an emigration permit

An emigration permit may be revoked on the basis of the application of an interested person or on the initiative of the Agency if it comes to light that an interested person has submitted false documents to obtain an emigration permit.

Law of Georgia No 3356 of 6 July 2010 - LGH I, No 41, 21.7.2010, Art., 256

Article 23 – Emigration of minors

1. A minor under the age of 18 may emigrate with his/her legal representative, and if he/she leaves Georgia to join his/her legal representative living abroad and has the consent of the latter, he/she may emigrate with an accompanying person of full legal age and capacity.

2. Where the legal representatives of a minor cannot reach agreement on the emigration of said minor, the dispute shall be settled by a court.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 24 – Emigration of beneficiaries of support

The emigration of a beneficiary of support without the consent of a supporter shall be inadmissible unless otherwise determined by a court decision.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Law of Georgia No 3396 of 20 March 2015 – website, 31.3.2015

Article 25 – Documents required for crossing the state border of Georgia

1. A citizen of Georgia shall fill in a migrant card and undergo passport control when crossing the state border of Georgia.The date of crossing the border shall be indicated in a passport or a document substituting for apassport.

2. To cross the state border of Georgia, a citizen of Georgia shall have an entry visa for his/her destinationstate.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 26 – Appealing the refusal to issue an emigration permit or to cross the state border of Georgia

An interested person who has been refused an emigration permit or to be allowed to cross the state border of Georgia shall have the right to appeal the said decision to a court in accordance with procedures established by the legislation of Georgia.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 27 – Emigration statistics

Emigration statistics shall be kept by the Ministry of Justice of Georgia.

Law of Georgia No 804 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art., 265

Article 28 – Legal regulation of matters related to persons recognised as legally incapable by a court before 1 April 2015 during the transitional period

1. A person who has been recognised as legally incapable by a court before 1 April 2015, and who has not been individually evaluated, may temporarily depart from Georgia with the consent of one of his/her legal representatives or if accompanied by a person of full legal age and capacity.

2. If a person who has been recognised as legally incapable by a court before 1 April 2015, and who has not been individually evaluated, is not accompanied by legal representatives when temporarily departing Georgia, he/she may be given a passport on the basis of the application of his/her legal representatives.

3. A notarised consent of one of the legal representatives to issue a passport of a citizen of Georgia shall be sufficient, except for the cases indicated in Article 8(5) of this Law, if the second legal representative has been recognised as legally incapable by a court and he/she has not been individually evaluated.

4. A dispute between the legal representatives on a matter related to the temporary departure from Georgia by a person who has been recognised as legally incapable by a court before 1 April 2015, and who has not been individually evaluated, shall be settled by a court.

5. The issuance of an emigration permit for a person who has been recognised as legally incapable by a court before 1 April 2015, and who has not been individually evaluated, shall be allowed on the basis of the notarised consent of his/her legal representative, or the consent given by his/her legal representative, in accordance with the procedure established by Article 20(23–25) of this Law.

6. A person who has been recognised as legally incapable by a court before 1 April 2015, and who has not been individually evaluated, shall not be allowed to emigrate without the consent of his/her legal representative, or if he/she is not accompanied by a person of full legal age and capacity.

Law of Georgia No 3396 of 20 March 2015 – website, 31.3.2015

Chairperson of the Parliament of Georgia,

the Head of State                                               Eduard Shevardnadze

Speaker of the Parliament of Georgia                Vakhtang Goguadze

7 December 1993, Tbilisi

No 354