---
title: "Emergency Powers Advisory"
url: "https://legal.ge/en/service/military-and-national-security-law-en/emergency-powers-advisory-en"
field: "Military & National Security Law"
description: "State of emergency in Georgia under Constitution Articles 71 and 73: declaration, 48-hour rule, decrees and rights restrictions. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "Legal.Ge"
---

# Emergency Powers Advisory

> Source: Legal.Ge, https://legal.ge/en/service/military-and-national-security-law-en/emergency-powers-advisory-en

## State of Emergency and Martial Law: Constitutional Foundations

The legal regime of a state of emergency and martial law is defined by Article 71 of the Constitution of Georgia. Martial law is declared in the case of an armed attack on Georgia or the immediate threat of one: the President, upon the submission of the Prime Minister, declares martial law, concludes a truce where appropriate conditions exist, and immediately submits these decisions to Parliament for approval. The decision enters into force from the moment of the declaration; Parliament approves it immediately upon convening, and if Parliament does not approve the decision, it loses legal force upon the vote.

A state of emergency is defined by the second part of the same article and rests on other grounds. It is declared throughout the territory of the country or in any part of it where the organs of state power are deprived of the possibility of the normal exercise of their constitutional powers — with the grounds listed in the Constitution. The Constitution also clearly limits the territorial operation of the regime: emergency powers extend only to the territory where the state of emergency has been declared.

## Procedure of Declaration and Parliamentary Control

Both regimes are declared under the same legal model: the President's decision is immediately submitted to Parliament for approval, and if rejected it loses force upon the vote. The final part of Article 71 sets a special quorum: Parliament's decision on the matters provided for by this article is adopted by the majority of the full composition of Parliament. The decision on the abolition of the regime is likewise adopted under the same procedure established for the declaration and approval.

The President's role is additionally defined by Article 73 of the Constitution: in the case of an armed attack on Georgia the President declares martial law, concludes a truce and submits these decisions to Parliament for approval no later than 48 hours. That term is the boundary of the time during which the regime may function without Parliament's approval.

The full text is available on Legal.Ge after signing in: https://legal.ge/en/service/military-and-national-security-law-en/emergency-powers-advisory-en

### Who declares a state of emergency?

The President upon the Prime Minister's submission; the decision goes to Parliament for approval and loses force if not approved.

### Within what term?

The decisions are submitted to Parliament no later than 48 hours.

### Does the regime cover the whole country?

Only the territory where it has been declared.

### Are elections held during the regime?

General elections are not held; with a partial regime Parliament decides on the remaining territory.