---
title: "Academic Misconduct Defense"
url: "https://legal.ge/en/service/education-law-en/academic-misconduct-defense-en"
field: "Education Law"
description: "Transfer and credit recognition: Articles 43, 50-1, 49-2 — mobility from the second year, compatibility of outcomes and exchange protection. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-15"
publisher: "legal.ge"
---

# Academic Misconduct Defense

> Source: legal.ge, https://legal.ge/en/service/education-law-en/academic-misconduct-defense-en

A student's transfer from one higher education institution to another, the recognition of credits and the protection of status during exchange programmes are governed by Articles 43, 50-1 and 49-2 of the Law on Higher Education. In everyday speech the phrase "academic transfer" is used loosely, but in legal terms the matter concerns mobility — the student's right to continue studies at another institution and to have achieved learning outcomes recognised. This page explains when the right to transfer exists, who decides the recognition of credits, and how the law protects the student when an institution or a programme ceases to exist.

## The right to transfer and its limits

Under sub-paragraph "t" of paragraph 1 of Article 43, a student has the right, in the manner established by Georgian legislation and by the charter of the receiving higher education institution, to transfer to another higher education institution from the second year of study. This means that during the first academic year ordinary mobility is not yet provided for by the law — the general rule starts from the second year, while the rest is regulated by the institutions' charters.

There is, however, an exception that protects first-year students as well: under the supplementary norm to paragraph 1 of Article 43 — if the higher education institution has been liquidated without determining a legal successor, has lost authorisation, or the educational programme is no longer delivered — the student's right to mobility arises regardless of the duration of study at that institution. What is decisive here is not the student's length of study but the fact that the institution or the programme has ceased to exist.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/education-law-en/academic-misconduct-defense-en

### Which norms govern transfer and credit recognition?

Article 43 — the right to transfer from the second year and mobility upon an institution's closure; Article 50-1 — recognition of learning outcomes and credits; Article 49-2 — exchange programmes.

### Must course titles match?

No — through substantive study, the correspondence of courses may be established despite differences in their names.

### Can a first-year student transfer?

The ordinary rule makes transfer available from the second year; but if the institution was liquidated without a successor, lost authorisation or the programme is no longer delivered, the right to mobility arises regardless of study duration.

### Is status suspended during an exchange programme?

No — suspension of the status of an outgoing exchange-programme participant is impermissible under the law.