Decisions of the Conscription Commission
Under Article 69 of the Code on the National Military Service of Conscripts, the conscription commission is authorized, within its competence, to adopt one of the following decisions regarding a conscript: release of the conscript from conscription into the national military service; postponement of the conscription; referral of the conscript to the standing medical expert commission for examination; or conscription of the conscript into the national military service. Each of these decisions carries different legal consequences, so its classification and the assessment of its grounds are the first questions in any dispute. The decision of the conscription commission is an individual administrative-legal act challenged administratively — before a superior organ or a court — and the time limits begin to run from the moment of familiarization.
Examination of a Disciplinary Case
Under Article 142 of the Code, a disciplinary case is examined under the procedure established by the General Administrative Code of Georgia and this Code, except where an international treaty provides otherwise. A serviceman in respect of whom a suspicion of committing a disciplinary offense has been expressed is obliged to facilitate the examination of the disciplinary case; this obligation does not include the duties to make an admission or to give explanations against oneself. This norm protects the right of defense: cooperation with the process does not mean confirming the facts against oneself. Since the case is examined under the General Administrative Code, the serviceman enjoys all the rights of administrative proceedings — the submission of statements and evidence and the appeal of the decision.
The Disciplinary Board
The disciplinary board, the organ conducting disciplinary proceedings, examines the draft individual administrative-legal act on the dismissal of a serviceman from service, together with the materials of the administrative proceedings, and also the application of a serviceman for a review of the lawfulness of the disciplinary liability imposed on him — except dismissal. The board is authorized to examine the disciplinary case or to adopt a reasoned decision on the additional investigation of the circumstances, and to submit a recommendation to the official empowered to impose disciplinary liability, or to the minister, in connection with the decision defined by the Code. The number, territorial jurisdiction and composition of the disciplinary boards are determined by a normative act of the minister.