The Scope of the Defence Code
The Defence Code of Georgia embraces the organisation of defence, which is founded on the total defence approach, the strengthening of national resilience, and the organisation and task management of national resistance. The Code further governs the planning of state defence policy, the powers and structure of the Ministry of Defence, military registration, the performance of military service, the management of the reserve of the Defence Forces, military education, international training, peacekeeping operations, encouragement and disciplinary liability, the regulation of martial law and volunteering in the sphere of defence.
The Summoning of Persons Enrolled in the Mobilisation Reserve
Under the Code, a person enrolled in the mobilisation reserve is summoned during martial law, a state of emergency or an emergency situation, as well as for the purpose of checking mobilisation readiness or training reservists. Summoning is carried out in the numbers determined by the Ministry, through the electronic system of the mobilisation reserve. In martial law or emergency conditions, the decision is taken by the Prime Minister of Georgia on the basis of an application of the Ministry, which also sets the period of service; for readiness checks the decision belongs to the Minister.
For readiness checks and training the law sets strict limits: the summoning of a person enrolled in the high-readiness mobilisation reserve may not exceed 15 days within a calendar year and 120 days over 10 years, while for a person in the general mobilisation reserve, other than a person on pre-conscription military registration, the annual ceiling is likewise 15 days. A person holding the status of a defence volunteer who is enrolled in the high-readiness reserve is not subject to summoning for readiness checks or the training of reservists. The place of service is determined under a plan drawn up by the Defence Forces and approved by the Minister.
Notification of the Decision, Rights and Appeal
The decision on summoning enters into force immediately upon its official notification to the person. Notification takes place by announcement at the deciding body, by delivery at the address of registration, residence or workplace, by technical or other means of communication, or by public publication. Where delivery proves impossible, the decision is published on the website of the administrative body no later than the second calendar day after the failed delivery and is deemed to have been delivered on the second calendar day after publication. An oral decision must be issued in writing on the very day of its adoption.
The summoned person may appeal the decision in court within the period established by Georgian legislation from its official notification, yet the appeal does not suspend its operation. The person also has the right to information about the summoning, release or postponement, and the consequences of failing to appear. A person called up for service is obliged to appear at the assembly point at the time and place indicated in the notice and to follow the instructions of the authorised person; from the moment of the summons the person is deemed to have been called up, and the authority conducting the summons must assist the reservist in informing the employer of the absence for a valid reason.
Release and Postponement of Service
Decisions on release from mobilisation reserve military service or on postponement of its performance are taken by the mobilisation commission, whose composition, powers and rules of operation are determined by a decree of the Government on the proposal of the Ministry. The commission may release a person from service and remove him from military registration, postpone the performance of service, or refuse to take either of those decisions. The commission's decision may be appealed in court, although the appeal does not suspend its operation.
Service is postponed for a person who has a family member with a disability without another supporter, for health reasons, for judges and prosecutors, for employees of the systems of the Ministry of Defence, the Ministry of Internal Affairs and the State Security Service, for persons on special military registration, for employees of the emergency response forces, and for others. Registered candidates for the presidency, parliament, the supreme representative body of an autonomous republic or a municipal body, and mayoral candidates, are postponed until the official publication of the final election results. Persons abroad at the moment of the declaration of mobilisation, persons in diplomatic, state-political or political positions, persons elected by Parliament, convicted persons serving a sentence, and accused persons in detention likewise enjoy postponement. A person endowed with exceptional talent who has been released by the Prime Minister from call-up is postponed for a term of 3 years, and the Government identifies the institutions whose employees benefit from postponement.
Frequently Asked Questions
How often can a reservist be summoned for readiness checks?
A high-readiness reservist may be summoned for no more than 15 days within a calendar year and no more than 120 days over 10 years; for the general reserve the annual ceiling is 15 days.
Can a decision on summoning be appealed?
Yes, in court, within the period established by the legislation from official notification; the appeal does not suspend its operation.
Who decides on release from service or postponement?
The mobilisation commission decides on release from service and removal from military registration, on postponement, or on refusing those decisions.
How is the decision on summoning notified?
By announcement at the deciding body, delivery at the registration, residence or workplace address, by means of communication, or by public publication; where published, it is deemed delivered on the second calendar day after publication.
How We Help on Legal.ge
The lawyers of Legal.ge assist with mobilisation reserve matters: assessing the legality of a summoning decision, examining postponement grounds, representing you before the mobilisation commission and preparing a court appeal. Contact us: we will evaluate your situation and defend your rights by every means established by law.