What rights do conscripts have at the end of the term?

A conscript is discharged on the day after the expiry of the term, except in a state of war, when discharge occurs no later than 10 calendar days from its cancellation. The discharged person is enrolled in the reserve of the defence forces.

How is the period of imprisonment counted toward service?

Upon acquittal or termination of prosecution the period of imprisonment counts toward the term of service, except release on statutory grounds and effective repentance; otherwise it does not count.

When is a serviceman discharged on the ground of a conviction?

After a conviction, on the day following the imposition of the measure of restraint; if the person performed duty after prosecution began, discharge follows from the 2nd day after the period actually served.

What follows an unlawful discharge?

The person is reinstated in the same or an equivalent position, the time of forced absence is counted in the calendar years of service, and corresponding compensation is paid.

Military Discharge in Tbilisi, Georgia

Discharge of Conscripts from Service

A serviceman is discharged from compulsory national military service on the day following the expiry of the term established for that service, except in a state of war. During a state of war the term does not end with discharge: the conscript is discharged no later than 10 calendar days from the cancellation of the state of war, and the question of discharge during wartime is decided by the Government of Georgia. Discharge before the expiry of the term is also possible, under the conditions provided by the Code. A person discharged from compulsory national military service, including a person discharged before term, is enrolled in the reserve of the defence forces.

If the established term has passed since the person's enlistment but the person has not actually served that term in full, the service is not counted as completed, and the person is subject to renewed call up for the period not served — except where a valid excuse exists or the specific cases provided by the law apply. This rule protects the very substance of the service obligation while leaving room for circumstances beyond the person's control.

Early Discharge Grounds and Criminal Prosecution

The grounds for early discharge from compulsory service include the emergence of a corresponding condition provided by the Code, the state of health on the basis of a conclusion of the military medical commission, recognition as missing or declaration of death in the manner established by legislation, an instruction of the Government of Georgia in individual cases, termination of Georgian citizenship, and death. While criminal prosecution is pending, the conscript continues service for the established term if a measure of restraint other than imprisonment has been applied, or a non custodial sentence has been imposed for a less serious crime. Even where imprisonment was applied, the period of imprisonment counts toward the term of service if an acquittal is delivered or the prosecution is terminated — except in cases of release from liability on statutory grounds and effective repentance.

A conscript is discharged before term after a court decision has been delivered, from the 2nd day following the period actually served, where a sentence for a grave or especially grave crime has been imposed, or where imprisonment has been imposed. Conversely, where the ground for early discharge arises under the specific subparagraphs listed by the law, the serviceman may continue the service of his or her own will, and in that case the minister's legal act may establish additional material support or social guarantees.

Military Discharge