What a political party is and what the law governs
A political party is a voluntary and independent association of citizens formed on the basis of a common worldview and a common organisational foundation, registered in the manner prescribed by the Organic Law of Georgia on political associations of citizens (political parties), and carrying out its activity within the framework of the Constitution of Georgia and other legislative and sub-legislative acts. It is this law that determines the rights and obligations of a party, its status, the rules of its creation and operation, the rules governing the legality and transparency of its financial activity, and liability for the violation of the norms established by the law.
The norms concerning the legality and transparency of financial activity also extend to a person who has a declared party-political goal of their own and who uses appropriate financial and other material resources to achieve that goal. Such a person is deemed to be a subject that is not registered as a party, yet by the substance of its activity and its public conduct — including participation in the formation and realisation of the political will of citizens — substantially resembles a party. On such a physical person, alongside this law, the norms established for an independent candidate by the Election Code of Georgia also apply; and in matters of regulating electoral-campaign expenditure, the norms of this law are applied together with the Election Code.
Who may found a party and how the process begins
Founding a party and participating in its activity is a constitutional right of every citizen of Georgia. To be precise, this right belongs to a citizen of Georgia who possesses electoral rights, and such a citizen may be a member of only one party. Restricting membership in a party on the basis of race, colour of skin, language, sex, religion, national, ethnic or social affiliation, origin, property or social status, or place of residence is impermissible. The state, for its part, ensures the protection of the rights and lawful interests of a party.
To found a party, a group of no fewer than 300 citizens, without any preliminary permit, holds a founding congress (a conference, congress, assembly or other similar format), and it is precisely the founding congress that adopts the party charter. At the same time the law draws firm boundaries: it is impermissible to establish or operate a party whose aim is the overthrow of the constitutional order of Georgia or its change by violence, the violation of the country's independence or the violation of its territorial integrity, or which engages in propaganda of war or violence or incites national, regional, religious or social strife. Establishing a party on a regional or territorial basis is likewise impermissible.
The mandatory contents of the charter
The charter adopted by the founding congress is the party's foundational document, and the law strictly defines what must be set out in it. The charter must indicate:
- the party's name, and also its abbreviated name where one is used;
- the legal address;
- the aims (objectives) of its activity and the forms of their realisation;
- the procedure and conditions for admission to membership and for termination of membership;
- the rights and duties of a member;
- the organisational structure;
- the procedure for creating the governing, executive and supervisory bodies, their competence and the term of their mandate;
- the list of officials authorised to represent the party generally or specially, and the scope of that representation;
- the sources for the formation of property and the procedure for its use;
- the procedure and conditions for introducing amendments and additions to the charter;
- the grounds for the termination of activity (the rules of reorganisation and self-liquidation);
- a description of the party's symbolism, where such is used.
Party bodies and membership questions
The governing, executive and supervisory bodies of a party are: the congress of the party's members (congress, assembly, conference and the like), the board (council, chamber, secretariat, committee and the like), and the revision commission (supervisory or control commission and the like). The charter may also provide for the creation of other bodies of the party and the introduction of leadership positions. The congress of members is the party's highest representative body; it is convened within the period established by the charter, but at least once every 4 years. Unless the charter provides otherwise, every member of the party has the right to participate in the congress; the charter may instead provide for the participation of delegates elected by groups of members, with quotas determined in such a way that no fewer than 200 representatives are elected.
Decisions on admitting a person to membership are taken independently, according to the procedure established by the charter, by the bodies competent under the charter; a refusal of admission does not have to be substantiated. Leaving the party is free.
Who may not be a member of a party
The law establishes categorical prohibitions on membership. A person who is enrolled in the defence forces or in a body responsible for the protection of state or public security, or who is appointed as a judge, ceases to be a member of a political party. The law treats the following as persons within those forces and bodies, listed as the statute sets them out:
- an employee of the Prosecution Service of Georgia (except a person employed under an employment contract);
- an employee of the Ministry of Internal Affairs of Georgia;
- an employee of the Investigation Service of the Ministry of Finance of Georgia;
- employees of the Ministry of Justice system of Georgia holding state special ranks — an employee of the General Inspection of the Ministry; an employee of the National Agency for Crime Prevention, Non-Custodial Sentences and Probation; an enforcement police officer of the National Bureau of Enforcement; and an employee of the Special Penitentiary Service;
- a member of the Defence Forces of Georgia;
- an employee of the State Security Service of Georgia;
- an employee of the Special State Protection Service;
- an employee of the Environmental Supervision Department of the Ministry of Environmental Protection and Agriculture of Georgia.
In addition, it is impermissible for a member of a party to be a person who, under an employment contract concluded with an organisation pursuing the interests of a foreign force, received income in full or in part; such a person is barred from membership for 8 years from the calendar year in which they last received such income from the organisation pursuing the interests of a foreign force. Under the law, an organisation pursuing the interests of a foreign force includes, for example, a non-commercial (non-profit) legal entity, a broadcaster, or a legal entity that owns a print mass-media outlet or an internet domain or hosting used to distribute mass information in the state language of Georgia, where more than 20% of its total income (or total non-commercial income, as the case may be) received during a calendar year is sourced from a foreign force.
Name and symbols
A party's name, its abbreviated name and its symbols may not coincide with the name, abbreviated name and symbols of another, already registered or liquidated party if less than 4 years have passed since the day of that party's liquidation. Using a party's name, abbreviated name and symbols without that party's permission is prohibited.
Registration with the National Agency of Public Registry
A party is registered with the National Agency of Public Registry, and party registration also encompasses tax registration. The register of political associations of citizens (parties) is a systematic unity of data about them, and its form and the procedure for its maintenance are determined by an order of the Minister of Justice of Georgia. Within one week of the holding of the founding congress, the following documents are submitted to the Agency:
- an application for the registration of the party, signed by the party's leading person(s);
- the protocol of the party's founding congress, certified by a notary;
- the party's charter;
- a note on the party's legal address and telephone number;
- notarised specimens of the signature(s) of the person(s) authorised to represent the party;
- sketches depicting the party's seal, emblem and other symbols, where such are used.
The original wording of the law also required the submission of a list of at least 1000 party members; however, by its decision of 21 April 2022 the Constitutional Court of Georgia declared this requirement invalid — accordingly, submitting a membership list is no longer required for registration. Where changes are made to the data subject to entry in the register (legal address, telephone, signature specimens, symbols), an updated document reflecting the new information is submitted to the Agency. On the basis of the documents submitted, the Agency resolves the question of the party's registration; the law also provides for the possibility of refusing registration, the procedure and grounds of which are established by other provisions of the same law.