What Maritime Law Covers in Georgia
Maritime law in Georgia rests on the Merchant Shipping Code, which governs ship registration, rights in vessels and proprietary encumbrances, marine mortgages, the detention and arrest of ships, and contracts connected with navigation. Many of its rules apply irrespective of the flag state and the form of ownership, yet the Code's rules do not extend to ships flying a naval flag, except for exceptional cases that must not contemplate the capture, arrest or removal of such ships and their cargo. Where military naval transport is concerned, the Code applies only to the extent that the matter is not regulated by the special legislation governing such transport.
Ship Registration and the Books of the Registry
Registration in the ship registry is carried out by the agency, which issues the relevant certificates and approves the rules for ship registration, for keeping the registry and for recording marine mortgages. A temporary registration certificate may be issued before permanent or term registration, for not more than 6 months, with this period extendable up to 1 year; after the 1-year term expires, in an exceptional case, on the shipowner's written application and with the chief registrar's consent, it may be extended further by not more than 1 year. A temporary certificate gives rise to the same rights and obligations as permanent registration. The registry consists of the books of ships of international navigation, of internal navigation, of bareboat charter and of ships under construction, while a book of internal inland waters ships is added from 1 July 2026. The same ship may be registered in only one book at a time, and the registry may be kept electronically. Ownership, other rights and proprietary encumbrances — including maritime pledge and marine mortgage — are registered in the corresponding book, and where an encumbrance exists, deregistration is possible only with the written consent of the person in whose favour it is registered. Registration in the bareboat charter book gives rise to the same rights as permanent registration, yet registering a marine mortgage or any other encumbrance on a ship in that book is prohibited. Registration is the primary evidence of the right to fly the flag of Georgia, while the rules for small-size vessels are defined by the agency.
Detention in Port and Clearance for Departure
Every ship, whatever its flag state and form of ownership, must obtain written clearance from the port state control service of the seaport before departure. The harbour master has the right to detain a ship or cargo if the ship is unseaworthy; if port facilities, other port property or navigation equipment are out of service; if requirements on loading, supplies or crewing are violated, or other deficiencies endanger safe navigation, the health of persons on board or the environment. Detention is also grounded in improperly compiled ship documents, in a statement by a physical or legal person concerning general average, salvage, a contract of carriage, collision of ships, non-payment of a tax or duty, or other damage, and in the failure of the owner to provide appropriate security. The detention order operates for 3 days and nights, excluding rest days and public holidays; if within this period the court does not deliver a decision on the detention, the ship or cargo is released immediately. Detaining a ship owned by another state and used for non-commercial purposes is impermissible, save for cases provided for by Georgia's international treaties and legislation.