Aircraft Transactions in Georgia
The purchase, sale, lease or other transaction involving an aircraft in Georgia unfolds on two levels: the contract itself is governed by the general rules of civil legislation, while the aviation-specific overlay is set by the Aviation Code of Georgia. Four provisions of the Code form the backbone of that overlay — Articles 7, 21, 24 and 25: who may own an aviation asset and what remains exclusively state property; how aircraft are classified according to the registries; what the nationality of an aircraft means and the one-state registration rule; and what certificate is needed to operate the aircraft. A buyer who understands these four norms understands exactly which parts of the deal are ordinary contract law and which parts require registry and certification steps.
Ownership of Aviation Assets — Article 7
Under Article 7 of the Code, aviation assets in Georgia may be owned by the state, legal persons and natural persons — including a foreign state. A Georgian citizen, a foreign company or another state may therefore equally be the owner of an aircraft. At the same time the norm defines the objects that are not subject to private ownership at all: air routes, local air lines, aircraft flight control systems, means of air traffic, control and supervision, and take-off and landing strips of special significance are state property in Georgia. The list of property of special significance is approved by the Ministry of Economy and Sustainable Development of Georgia. When structuring a transaction these exceptions must be taken into account precisely: the aircraft is tradable, but the flight-control infrastructure beneath it is not.
Classification of Aircraft — Article 21
Article 21 divides aircraft into civil, state and experimental. An aircraft is civil if it is registered in the state registry of civil aircraft or in the registry of ultralight aircraft. State aircraft are those used for military, police, state security and customs purposes and entered in the state registry of aircraft. An aircraft is experimental if it is used for test, experimental-design or scientific-research flights. For transaction purposes this classification is decisive: a civil aircraft circulates freely in commerce, while the disposal of a state aircraft falls under the rules on the disposal of state property, and an experimental aircraft's flight profile limits its commercial use.
Nationality and the One-Registration Rule — Article 24
Under Article 24, an aircraft is considered national in Georgia if it is registered in the appropriate state registry of aircraft of Georgia. Crucially, an aircraft may not be registered in more than one state. This prohibition is the practical pivot of export transactions: when an aircraft is sold abroad, it must first exit the Georgian registry and only then enter the registry of the buyer's state. A dispute concerning the nationality of an aircraft may be resolved by agreement reached between the interested states or through the International Mediation Court — the law itself thus names the alternative resolution channel for exactly this kind of conflict.
The Right to Operate — Article 25
Article 25 provides that aircraft are operated in Georgia only after their conformity with the established flight norms has been determined, which is confirmed by an appropriate certificate. Ownership as such therefore does not give the aircraft the right to fly: the buyer receives not only title but also the need to enter the conformity-assessment procedure. The same rule applies to leasing: the operator needs a certificate confirming the aircraft's conformity with the flight norms.
The subsequent paragraph of the article adds an international dimension: to ensure flight safety, an agreement may be concluded between the agency and the corresponding authorized body of another state on the distribution of functions, duties and responsibility for ensuring international standards in connection with aircraft operation, in accordance with the requirements of Article 83 bis of the Chicago Convention on International Civil Aviation of 1944. Such an agreement governs how oversight is shared when a foreign-registered aircraft operates in Georgian conditions. The operation of state aircraft of Georgia, in turn, is carried out by the Ministry of Defence of Georgia according to the established procedure.
Frequently Asked Questions
Below we answer the questions most often raised when an aircraft or other aviation asset changes hands.
Can an individual or a foreign company buy an aircraft?
Yes. Under Article 7 aviation assets may be owned by the state, legal and natural persons, including a foreign state. The only exceptions are air routes, local air lines, flight control systems, means of air traffic, control and supervision, and take-off and landing strips of special significance, which are state property.
Can an aircraft be registered in two states at once?
No. Under Article 24 an aircraft may not be registered in more than one state. On an export sale the aircraft must first exit the Georgian registry. A dispute over nationality is resolved by agreement of the interested states or through the International Mediation Court.
What does an aircraft need for use after purchase?
Operation is possible only after conformity with the established flight norms has been determined, confirmed by an appropriate certificate. State aircraft are operated by the Ministry of Defence under the established procedure.
How are aircraft classified?
Under Article 21 aircraft are civil, state or experimental: civil aircraft are registered in the civil or ultralight registry; state aircraft are used for military, police, security and customs purposes and entered in the state registry; experimental aircraft perform test, design or research flights.
How We Help on Legal.ge
An aircraft transaction requires ownership, registry and certification issues to be settled simultaneously. The specialists at Legal.ge will verify the aircraft's registry status, explain the requirements established by Articles 7, 21, 24 and 25 of the Aviation Code, and assist with drafting the contract and planning the registration procedure. Contact us through the Legal.ge form.