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.
Review of Disciplinary Liability
A serviceman has the right to submit to the minister an application for a review of the lawfulness of the disciplinary liability imposed on him — except dismissal from service. The application must be submitted within 3 working days of the familiarization with the individual administrative-legal act on the imposition of disciplinary liability. From the moment of the registration of the application, the act is suspended until a final decision is adopted — an important guarantee, since the adverse effect does not operate before the decision. The minister may satisfy the application fully and declare the act lost in force, satisfy it partially, leave the act in force by refusing the application, or issue a written instruction on remedying the deficiency in the act or in the action performed. The completeness of administrative proceedings stands behind military disputes as well: every decision — of the conscription commission and of the disciplinary track alike — must be reasoned, communicated in time and open to appeal. For a conscript this means verifying the commission's decision; for a serviceman, using the 3-working-day window for a review application that suspends the act and gains time.
Frequently Asked Questions
Why are 3 working days decisive?
Because missing the deadline for the review application deprives the serviceman of the study of the lawfulness of the liability, while a timely application also suspends the operation of the act.
What decision does the conscription commission adopt?
Release from conscription, postponement, referral to the medical expert commission, or conscription — within its competence.
Does the law compel an admission?
No. The serviceman must facilitate the examination of the case, but the obligation does not include making an admission or giving explanations against himself.
What does the disciplinary board examine?
The draft dismissal act with the proceedings materials, and applications for a review of the lawfulness of liability; it may also order additional investigation.
Within how many days may review be sought?
Within 3 working days of familiarization with the act on the imposition of liability; upon registration of the application the act is suspended.
How We Help on Legal.ge
If you disagree with a decision of the conscription commission or have been subjected to disciplinary liability, write to us through the contact form on this site. The legal specialists of Legal.ge will assess the grounds of the decision, preserve the 3-working-day deadline and help you prepare the application and the complaint. In military disputes deadlines and formal precision decide the outcome — contact us. We will review your situation from the position of both the conscript and the serviceman and prepare documents that meet the deadline and carry the full argument.