Conscription Age and the 27-Year Barrier
The Defence Code fixes the age frame for compulsory conscription into national military service: compulsory call-up applies to a person from 18 to 27 years of age who is on pre-conscription military register and has no ground for exemption from or deferral of call-up. These two conditions — registration and the absence of a ground — must exist together for the call-up to be lawful.
Reaching 27 carries a specific statutory consequence: a person who has turned 27 and is on military register but has not served is, on the basis of the Minister's individual administrative-legal act, granted the rank of private and enlisted in the reserve of the Defence Forces. The same happens to a person who is not on military register — upon discovery of that fact he is likewise enrolled in the reserve with a private's rank. The legal consequence of crossing the age barrier is thus resolved in this manner.
Grounds for Exemption from Call-Up
The law exhaustively lists the persons exempted from call-up:
- a person recognised as unfit for military service on health grounds;
- a person who has completed military or alternative service in the armed forces of a foreign country;
- a person convicted of a grave or especially grave crime;
- a person with a disability status under Georgian legislation, and a person whose disability status has expired — until re-verification, but for not more than 3 months;
- a person who has completed non-military alternative labour service;
- the only son in a family in which at least 1 member died in the battles for Georgia's territorial integrity or during military service;
- a member of the Parliament of Georgia.
A special route is the Prime Minister's decision: on the recommendation of the relevant commission he may exempt from call-up a conscript endowed with exceptional talent. The composition and rules of procedure of that commission are determined by the Government of Georgia. It is also important that a conscript entitled to exemption — save on health and status grounds — may, if he wishes, be called up voluntarily.
Grounds for Deferral of Call-Up
Deferral differs from exemption substantively: it merely postpones the call-up. Under the law, call-up is deferred for a person recognised temporarily unfit on health grounds (for up to 1 year), or of limited fitness (for up to 3 years), or subject to ongoing criminal prosecution — until the relevant body decides.
The educational block is broad: a student on an active higher-education program — until completion of studies at each stage; a resident — until completion of the residency program; a vocational student — until completion of the program, only once; an applicant and a pupil of a general-education school — until enrolment or up to the age of 20. Family deferrals include: a person supporting a family member with a disability who has no other carer (where two such family members are subject to service, the elder is called up unless the younger consents in writing); a parent of two or more children; an only son; a parent of one child — for 3 years from the birth of the child. Separate grounds exist for a village doctor or schoolteacher, a member of an elected body, a holder of a doctoral degree engaged in teaching or research, and a single father. There is also a deferral granted by the Prime Minister on the recommendation of a commission whose rules are set by government decree.
The Deferral Fee
The law also provides a paid deferral mechanism: the fee for deferral of call-up is a sum payable into the state budget, payment of which is mandatory for exercising the right to deferral. Its amount for the deferral of call-up by 1 calendar year is 5 000 (five thousand) lari. A person may exercise the right to pay until reaching the age of 25; upon payment, the call-up is deferred by 1 calendar year, and after that term the person again becomes subject to call-up.
The deadline, procedure and conditions for paying the fee are determined by a government decree, and at the summons before the conscription commission the conscript is informed of the existence of this right and the manner of its use. Upon payment, an appropriate entry is made in the registration documents and the confirming document is retained. For forecasting next year's budget revenues the Ministry submits calculations to the Ministry of Finance by 1 August of each year.
The Conscription Commission's Decision and the Dispute Dimension
Exemption and deferral are decided by the conscription commission, which within its competence may adopt one of the following decisions: on exemption; on deferral; on referral to the standing medical expert commission for examination; or on call-up. The medical route is decisive in practice: every health-related ground rests on that commission's conclusion, from temporary unfitness to full exemption.
A person dissatisfied with the commission's decision retains the avenues of administrative appeal and judicial review, while the documentary set and the commissions' rules of procedure are settled by subordinate legislation — ministerial orders and government decrees — so preparation must be reconciled with the current versions of those acts.
Frequently Asked Questions
Which age groups are subject to call-up?
Persons from 18 to 27 years of age on the pre-conscription register without a ground for exemption or deferral; upon turning 27, a person who has not served is enlisted in the reserve with a private's rank.
When is a person fully exempted from call-up?
On unfitness for health reasons, service in a foreign army, conviction for a grave crime, disability status, alternative service, family loss, or membership of Parliament.
For how long and at what price can deferral be purchased?
Upon payment the call-up is deferred by 1 calendar year, the fee for 1 year is 5 000 lari, and the right may be exercised until the age of 25.
Who decides on exemption and deferral?
The conscription commission chooses among four decisions — exemption, deferral, referral to the medical commission or call-up — and its act may be appealed.
How We Help on Legal.ge
The Legal.ge team helps assess grounds for exemption or deferral from call-up, prepare the documentation and appeal the commission's decision. Write to us — we will examine your case through every ground the law provides.