Maritime Law in Georgia — the General Part of the Code
Maritime law in Georgia rests on a single foundation — the Maritime Code of Georgia, whose general part answers four threshold questions: what the Code regulates, that is, what counts as "maritime navigation" (Article 1); where it applies — seas, rivers, lakes and other navigable ways (Article 2); whom it does not reach — ships flying a naval flag, and on which exceptions (Article 3); and what is considered a "ship" for the purposes of the Code — a broad catalogue of floating objects with the 7-metre threshold for small ships (Article 12). This page explains precisely these four norms, because they determine whether your situation falls within the Maritime Code's regulatory scope at all.
The Subject Matter of the Code — Article 1
Article 1 declares that the Maritime Code of Georgia regulates relations connected with maritime navigation. "Maritime navigation" means the use of ships for the carriage of passengers, the carriage of cargo, baggage and mail, fishing and other marine harvest, the exploration and extraction of useful minerals, the conduct of towing and rescue operations, and for other economic, scientific and cultural purposes. The catalogue is broad and covers every mode of using a ship, from fishing to salvage. By legislative amendment, the Code also regulates relations connected with the registration of ships engaged in navigation on inland waters — this provision enters into force from 1 July 2026.
The Scope of Application — Article 2
Under Article 2, the Code applies to navigation by sea vessels on seas, rivers, lakes, reservoirs and other navigable ways. The Code is thus not confined to maritime navigation proper — it extends equally to inland navigable routes. At the same time the norm is calibrated and contemplates three kinds of displacement: the Code does not apply where there is an exception defined in this Code, another special law of Georgia, or an international treaty of Georgia. Practically, this means that in every dispute one must first check whether a special law or an international treaty puts a special rule ahead of the Code.
The Warship Exception — Article 3
Article 3 defines the Code's relationship with the navy: the rules of the Code do not apply to ships flying a naval flag, except for exceptional cases which must not contemplate the possibility of the arrest, detention or removal of such ships and their cargo. The historically sensitive question — laying hands on a warship — is thus excluded from the Code's scope from the outset. The same article adds that the Code's rules on naval transport apply only to the part not covered by the special legislation regulating such transport.
What Counts as a Ship — Article 12
Article 12 defines the concept of a ship broadly: for the purposes of the Code, a "ship" includes floating objects of all kinds, including non-displacement vessels and hydrofoils, that are used or may be used as a means of movement on water. The enumeration covers: the carriage of passengers, cargo, baggage and mail; fishing and other marine harvest; extraction of useful minerals; rescue of persons and ships in danger at sea; towing of ships and other floating objects; hydraulic engineering works; and raising of sunken property; the rendering of emergency services — protection of fisheries, sanitary-quarantine services, protection of the sea from pollution; scientific, educational and cultural purposes; sports events; and other purposes.
The definition is completed by two further rules. First, for the purposes of the Code a ship is also an on-water floating platform and installation — even a stationary structure falls within the ship regime. Second, a small ship is a ship of less than 7 (seven) metres in length, intended for rest and recreation, business and household activity, tourist, sports and other purposes, regardless of the ship's type, origin or navigation area. This threshold is practical: simplified requirements apply to small ships, and it is precisely length that determines whether a vessel falls into that category.
Frequently Asked Questions
Below we answer the questions most often asked about the general part of the Code.
What does the concept of "maritime navigation" cover?
The use of ships for the carriage of passengers, cargo, baggage and mail, fishing and other marine harvest, exploration and extraction of useful minerals, towing and rescue operations, and other economic, scientific and cultural purposes.
Does the Code apply on rivers and lakes?
Yes — the Code applies to navigation by sea vessels on seas, rivers, lakes, reservoirs and other navigable ways, unless an exception is established by the Code itself, another special law of Georgia or an international treaty.
Does the Code cover warships?
No — the Code's rules do not apply to ships flying a naval flag, except in exceptional cases which must not contemplate the possibility of arrest, detention or removal of such ships and cargo; for naval transport the rules apply only in the part not regulated by special legislation.
How long may a small ship be?
A small ship is one of less than 7 (seven) metres in length, intended for rest and recreation, business and household activity, tourist, sports and other purposes, regardless of type, origin or navigation area.
How We Help on Legal.ge
If your issue involves ship ownership, carriage, fishing, salvage or a port, the first question is whether your relationship falls within the Maritime Code at all. The specialists at Legal.ge will explain the content of Articles 1, 2, 3 and 12 of the Code, assess your case, and help with the next steps — from preparing a demand to court proceedings. Contact us through the Legal.ge form.
