Grounds for Exemption from Conscription
Article 64 of the Georgian Code on Military Service lists who is exempt from conscription: a person recognised as unfit for service due to health; a person who has served in the armed forces of a foreign country; a person convicted of a grave or especially grave crime; a person with a disability status defined by Georgian legislation; and a person whose disability status has expired — until re-verification, but for no more than 3 months. Exemption also applies to a person who has completed non-military alternative labour service; the only son in a family in which at least one member died in the battles for Georgia's territorial integrity or during military service; and a member of the Parliament of Georgia. The Prime Minister may, on a commission's recommendation, exempt a conscript of exceptional talent; the commission's rules are set by the Government.
Deferral for Health and Legal Status
Article 65 sets out the deferral cases. For health, deferral is granted to a person recognised as temporarily unfit — for up to 1 year — and to a person of limited fitness — for up to 3 years. Regarding legal status, deferral belongs to a person subject to ongoing criminal prosecution — until the relevant body adopts a decision — and to a person under a suspended sentence — until that sentence expires.
Education-Related Deferrals
Deferral is granted to: a student of a Georgian higher education institution with active status, at each level until completion; a student of a recognised foreign programme, except fully distance learning, likewise; a resident of higher medical education, until the residency ends; a vocational student — until the end of the programme, once only, provided the same right was not used at the higher or residency category; a pupil of a general education school — until the age of 20; an applicant — in the year of completion, until enrolment; a person registered for the unified national examinations — until the results are announced and then, having obtained the right, until enrolment in the same year; a bachelor's graduate registered for a master's examination — until the results and enrolment; an applicant for doctoral continuation — until the enrolment decision; and a medical graduate registered for the residency competition — until the competition ends. A person excluded by fully distance learning may, if conscripted, choose a training programme or form of service provided for by the Code.
Family, Social and Professional Circumstances
Deferral is granted to a person with a family member with a disability — spouse, child, mother, father, sister, brother, grandfather or grandmother — who has no other supporter; where two conscripts live with such a member, the elder is conscripted unless the younger consents in writing to serve. It also belongs to a parent with two or more children; a person supporting a minor sister and/or brother; the only child of a mother or father; a parent with one child — for 3 years from the child's birth; and a single father whose spouse has died or been deprived of parental rights. Professional criteria also give deferral to a village doctor or schoolteacher; a holder of a doctor's or equivalent degree engaged in pedagogical or research activity; a member of an elected state or local government body; a person serving in the systems of internal affairs, the special penitentiary service, state security, intelligence or special state protection, under the conditions set by law; and a person enrolled in a voluntary military training programme, for its duration. The Prime Minister may, on a commission's recommendation, grant a deferral right; a candidate for an elected body registered on the day of conscription is deferred until the official announcement of the results.
The Deferral Fee and the Decision of the Conscription Commission
The law also provides a paid mechanism: the deferral fee is payable to the state budget, its payment is mandatory, and the payment itself is the ground for deferral. The fee for one calendar year is five thousand GEL (5,000). The right may be used before reaching the age of 25; upon payment, conscription is deferred for 1 calendar year, after which the person is again subject to conscription. At the appearance the conscript is informed of this possibility and the payment confirmation is kept on file; the payment deadline, procedure and conditions are set by a government decree. Ultimately, the conscription commission adopts one of these decisions: exemption, deferral, referral to the standing medical expert commission, or conscription for service. A person entitled to deferral may likewise, except in the case of criminal prosecution, be conscripted voluntarily.
Frequently Asked Questions About Deferral and Exemption
What is the difference between exemption and deferral?
Exemption terminates the conscription obligation definitively. Deferral is temporary: once the ground lapses, the person is again subject to conscription.
How large is the deferral fee and how does it work?
The fee for one calendar year is five thousand GEL; payment is mandatory and is itself the ground for deferral. Upon payment, conscription is deferred for one calendar year, and the right may be used before reaching 25 years of age.
May a deferred person be conscripted voluntarily?
Yes. A person with a deferral ground may, except in the case of criminal prosecution, be conscripted voluntarily; the same applies to an exempted person, except in cases connected with health, conviction or disability status.
Who decides the question of deferral or exemption?
The conscription commission adopts one of the decisions: exemption, deferral, referral to medical examination, or conscription.
How We Help on Legal.ge
The advocates of Legal.ge will assist you with every conscription-related matter: we will assess your case, determine which ground gives you the right to exemption or deferral, and prepare the documentation for the conscription commission. Contact us so that the decision on service is taken on the basis of your real circumstances.