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Law of Georgia "On Constitutional Court of Georgia"

Resolution of the Parliament of Georgia Concerning Putting in Force the Law "On Constitutional Court of Georgia"

The Parliament of Georgia resolves:

1.         To put the Law "On Constitutional Court of Georgia" in force since April 15, 1996.

2.         To charge the Constitutional Committee of Juridical Questions and Legality of the Parliament of Georgia with working out and submitting to the Parliament of Georgia for consideration till March 15, 1996 the legislative acts specified in Article 88 of the Constitution of Georgia.

3.         To put the Section 2 of Article 53 of the Law "On the Constitutional Court of Georgia" in force since June 1, 1996.

4.         Till putting the Section 2 of Article 53 of the Law “On the Constitutional Court of Georgia” in force the seat of the Constitutional Court of Georgia shall be the city of Tbilisi.

Chairman of the Parliament of Georgia, Zurab Zhvania
31.01. 1996
Tbilisi

Law of Georgia On the Constitutional Court of Georgia

Chapter 1. General Provisions

Article 1

1.         The Constitutional Court of Georgia (hereinafter referred to as "the Constitutional Court") is the judicial body of constitutional control which ensures the supremacy of the Constitution of Georgia, constitutional legality and protection of constitutional human rights and freedoms.

2.         The jurisdiction of the Constitutional Court of Georgia is extended over the whole territory of Georgia.

Article 2

The Constitutional Court carries out its activity by principles of legality, collective nature, publicity, equality and controversy of sides, independence, immunity and irreplaceability of a member of the Constitutional Court within the whole terms of his/her reference.

Article 3

The structure, competence and order of activity is determined by the Constitution of Georgia and by this Law. Other regulations on of the Constitutional Court and on constitutional legal proceedings are determined by the law and by-laws of the Constitutional Court.

Article 4

1.         A member of the Constitutional Court is independent while performing his duties. He appraises the actual situation and makes decisions only in accordance with the Constitution of Georgia. Interference with his activity is inadmissible and is punished by law.

2.         The estimate connected with organization and activity of the Constitutional Court is provided by the separate article of the State Budget of Georgia. The Chairman of the Constitutional Court shall submit the draft of the estimate connected with activity of the Constitutional Court in order prescribed by the law.

3.         For insuring the independence of a member of the Constitutional Court the state shall create adequate conditions for his/her work and life.

4.         The state guarantees the security of a member of the Constitutional Court as well as the security of members of his/her family.

Chapter 2. Membership and Structure of the Constitutional Court

Article 5

The Constitutional Court includes 9 judges - members of the Constitutional Court. They shall elect the Chairman of the Constitutional Court, two deputy chairmen and the secretary of the Constitutional Court from their number.

Article 6

1.         Three members of the Constitutional Court are appointed by the President of Georgia, three numbers are elected by at least 3/5 of total numbers of the Parliament of Georgia, three members are appointed by the Supreme Court of Georgia.

2.         On appointing the member of the Constitutional Court his/her prior written consent is required.

Article 7

A citizen of Georgia who has attained to the age of 35 and has higher juridical education may become a member of the Constitutional Court.

Article 8

The term of office of a member of Constitutional Court is 10 years. A person who has held the post of a member of the Constitutional Court before cannot be a member of the Constitutional Court.

Article 9

1.         Before entering his post a member of the Constitutional Court shall take the oath in the Constitutional Court in the presence of the President of Georgia, the Chairman of the Parliament of Georgia and the Chairman of the Supreme Court of Georgia, as follows:

"To God and my people I swear to perform honestly the duties of a member of the Constitutional Court of Georgia and while performing this duties I will submit only to the Constitution of Georgia, and nobody and nothing else, but the Constitution of Georgia”.

2.         The term of office of a member of the Constitutional Court begins from the day of his/her taking of oath.

Article 10

1.         Not later 10 days following the taking of oath by all members of the Constitutional Court or pre-term expiration of office of the Chairman of the Constitutional Court the session of the Constitutional Court, which will elect the Chairman of the Constitutional Court for term of 5 years, shall be hold. In the same manner and for the same term two deputy chairmen of the Constitutional Court will be elected.

2.         Not earlier one month and not later one week before the expiration of the term of office of the Chairman of the Constitutional Court or of any of his deputies the new Chairman of the Constitutional Court or a deputy chairman will be elected.

3.         Nomination of the Chairman of the Constitutional Court shall be agreed with the President of Georgia, the Chairman of the Parliament of Georgia and the Chairman of the Supreme Court of Georgia.

4.         A deputy chairman of the Constitutional Court is nominated by the Chairman of the Constitutional Court.

5.         The Chairman and deputy chairmen of the Constitutional Court are considered to be elected if each of them will be given votes of not less 5 members of the Constitutional Court in voting by secret ballot.

6.         Persons who has been elected as the Chairman and deputy chairmen of the Constitutional Court before cannot be elected to those posts.

7.         The pre-term expiration of office of the Chairman or deputy chairmen of the Constitutional Court will take place in cases listed in Article 17 of this Law.

Article 11

1.         The Constitutional Court includes the plenary session and two chambers.

2.         The plenary session consists of all 9 members of the Constitutional Court. The plenary sessions are presided by the Chairman of the Constitutional Court.

3.         A chamber consists of four members of the Constitutional Court. Chamber meetings are presided by a deputy chairman of the Constitutional Court.

4.         Chamber members are approved by the plenary session by submission of the Chairman of the Constitutional Court. Members of the Constitutional Court appointed by the President of Georgia, those appointed by the Parliament of Georgia and by the Supreme Court of Georgia shall be represented in the chamber as equally as possible.

5.         Chamber members shall be renewed within 10 days following the election of the new Chairman of the Constitutional Court.

Article 12

1.         The Chairman of the Constitutional Court:

a)submits for approval the by-laws of the Constitutional Court to the plenary session of the Constitutional Court. Any member of the Constitutional Court has a right to require on making amendments and supplements to the by-law;

b)distributes cases in manner prescribed by the by-law of the Constitutional Court;

c)submits to the plenary session of the Constitutional Court the nominations of deputy chairmen of the Constitutional Court and the secretary of the Constitutional Court;

d)calls plenary sessions, presides the sittings, signs decrees, sentences, findings passed by the plenary session and minutes of sittings;

e)directs the activity of the Constitutional Court office; takes on and releases officers in accordance with the legislation;

f)deals with budgetary assignments of the Constitutional Court;

g)exercises other powers specified by the legislation and by-law.

2.         Once a year the Chairman of the Constitutional Court shall submit to the President of Georgia, the Parliament of Georgia and the Supreme Court of Georgia the information on constitutional legality in Georgia.

Article 13

1.         A deputy chairman of the Constitutional Court presides at the sitting of a chamber, exercises some functions of the Chairman on instructions of the Chairman of the Constitutional Court. In absence of the Chairman of the Constitutional Court or in case of his/her disability one of the deputy chairmen exercises his duties on instructions of the Chairman, in case there is not such instructions - the duties of the Chairman is exercised by the elder of deputy chairmen.

2.         If the deputy chairman of the Constitutional Court during temporary performance of duties of the Chairman on the instructions of the latter, cannot exercise his own functions, his duties are performed by the elder member of the corresponding chamber.

Article 14

1.         The secretary of the Constitutional Court shall be elected at the plenary session from the members of the Constitutional Court for term of 5 years.

2.         Besides powers of the member of the Constitutional Court the secretary of the Constitutional Court:

a)carries out preparatory work for plenary sessions and chamber's sittings;

b)organizes conducting and registration of minutes of plenary sessions and chamber's sittings;

c)signs the acts of the Constitutional Court in order prescribed by the by-law of the Constitutional Court;

d)take measures of implementation of decrees of the Constitutional Court;

e)promotes the arrangement of computer data processing of necessary information;

f)arranges the delivery of official documents of the Constitutional Court.

Article 15

1.         A member of the Constitutional Court is inviolable. No criminal proceedings can be instituted against him/her; his/her arrest or imprisonment, search of his flat, car, place of work or his/her personally is inadmissible without consent of the Constitutional Court. The only exception is his/her catching in the act, in this case the Constitutional Court shall be immediately notified. If the Constitutional Court does not give permission for his/her arrest the arrested or imprisoned member of the Constitutional Court shall be discharged without delay.

2.         In case of consent for criminal proceedings against the member of the Constitutional Court, his/her arrest or imprisonment, the term of office of the member of the Constitutional Court is stopped till the final judgement of the court. In case of bringing in a verdict of “not guilty” or closing the case on the basis of rehabilitating materials the term of office of the member of the Constitutional Court is restored after the corresponding judgement of the court.

3.         The decree (on consent) specified by Section 1 of this Article is considered to be passed if it is seconded by more than a half of total members of the plenary session of the Constitutional Court.

Article 16

1.         The term of office of a member of the Constitutional Court will be pre-term stopped by the decree of the Constitutional Court, if:

a)he/she doesn't perform his/her duties more than 6 months running;

b)the verdict of "guilty" against him/her came in force;

c)he/she discloses the professional secrets;

d)he/she holds a post incompatible with the statute of the member of the Constitutional Court or carries out activity not allowed by the law;

e)losses the citizenship of Georgia;

f)is pronounced incapable by the court;

g)passed away;

h)resigned of his own record.

2.         The decree on those cases is considered to be passed if it is seconded by more than a half of total members of the plenary session of the Constitutional Court.

3.         The decree is sent to the President of Georgia, the Parliament of Georgia and the Supreme Court of Georgia.

4.         Not earlier one month and not later one week before the expiration of the term of office of any member of the Constitutional Court a new member of the Constitutional Court shall be appointed.

Article 17

1.         The post of the member of the Constitutional Court is incompatible with any position and paid business other than scientific and teaching activities. He/she cannot be a member of any political party or take part in any political activity. The member of the Constitutional Court should resign from other post or stop activity banned by this Article from the day of taking oath.

Article 18

1.         If the term of office of the member of the Constitutional Court expires at time when he/she takes part in pleading of a case, his/her term of office shall be prolonged till the final decree on this case.

Chapter 3. Powers of the Constitutional Court

Article 19

The Constitutional Court is empowered to consider and settle the following cases on the grounds of constitutional action or constitutional appeal:

a)conformity of the laws of Georgia, regulations of the Parliament of Georgia, legislative acts of the President of Georgia, higher administrative bodies of Abkhazia and Adjaria with the Constitution of Georgia;

b)disputes between state bodies concerning terms of the reference;

c)constitutionality of creation and activities of public political unions;

d)dispute on constitutionality of referendums or elections;

e)constitutionality of legislative acts passed regarding items of Part 2 of the Constitution of Georgia;

f)constitutionality of international treaties or covenants;

g)recognition of the term of office on pre-term expiration of office of the member of the Parliament of Georgia;

h)infringement of the Constitution of Georgia by the President of Georgia, Chairman of the Supreme Court of Georgia, a member of Government of Georgia, Prosecutor General of Georgia, Chairman of the Chamber of Control of Georgia and members of the National Bank Council of Georgia.

Article 20

1.         If while considering the concrete case in the Court of Law, the Court decides that there are sufficient grounds for considering that law or other legislative acts which should be used by the Court for settlement of this case, totally or partially doesn't conform with the Constitution, the Court shall stop the consideration of the case and apply to the Constitutional Court. The consideration of the case will be resumed after the decree of the case of the Constitutional Court.

2.         Recognition of a law or other legislative act as not constitutional does not mean annulling of sentences and judgements by the Court on the basis of this deed and causes only their suspension by order prescribed by judicial procedure.

Article 21

1.         Issues determined in Sections a), d), f), h) of Article 19 and Article 20 shall be considered by the plenary session of the Constitutional Court.

2.         Issues determined in Section b), c), e), g) of Article 19 shall be considered by the Chamber of the Constitutional Court.

3.         If on passing the decision the votes of members of plenary session or the chamber are equally divided the constitutional action, constitutional appeal is not satisfied.

4.         No member of the Constitutional Court taking part in the consideration of a case has a right to abstain from voting.

5.         On consideration of a case and passing a decree the Chamber acts as the Constitutional Court.

Article 22

The term of consideration of constitutional action or constitutional appeal should not exceed 30 days following the beginning of consideration of case in the Constitutional Court. In particular case the term of consideration of case may be prolonged by plenary session of the Constitutional Court but not more than for 30 days.

Article 23

1.         Satisfaction of the constitutional action on issues determined by Section a), e) of Article 19 and Article 20 of this Law brings to recognition of a normative act or part of it, which has been recognized as not conforming the constitution, to be invalid from the moment of promulgation of the corresponding decree of the Constitutional Court.

2.         Satisfaction of the constitutional action on issues determined by Section b) of Article 19 of this Law brings to recognition that a legislative act infringing terms of reference is invalid from the moment of its putting in force.

3.         Satisfaction of the constitutional action on issues determined by Section c) of Article 19 brings to nullifying of act of registration of a public political union.

4.         Satisfaction of the constitutional action on issues determined by Section d) of Article 19 brings to recognition of banning elections or banning of conducted referendum on question submitted to referendum or recognition the results of elections or referendum invalid.

5.         Satisfaction of the constitutional action on issues determined by Section f) of Article 19 of this Law brings to recognition that the international treaty or covenant or their separate provisions which have been recognized as non-constitutional, are invalid for Georgia.

6.         Satisfaction of constitutional action on issues determined by Section g) of Article 19 of this Law brings to recognising invalid the corresponding resolution of the Parliament of Georgia and reinstating of office of the Member of Parliament from the day of promulgation of the decree of the Constitutional Court, if they were terminated, or pre-term expiration of his office if the Parliament of Georgia didn't stop his office.

7.         Concerning the issues determined by Section h) of Article 19 of this Law the Constitutional Court restores constitutionality of deeds of persons specified by Article 63 and 64 of the Constitution of Georgia.

Article 24

1.         Any state body, legal and physical person, public and political unions, local administration is to execute requirements related to decisions of the Constitutional Court and its members, which are within terms of their reference.

2.         The Constitutional Court and its members are competent to obtain information related to the settlement of a case from any state body, legal and physical person, scientific institution and information centre, to appoint experts for execution of examining and consulting works.

3.         Non-implementation or preventing of requirements proceeding from terms of reference of the Constitutional Court and its members is punished according to the law.

Article 25

1.         The decree of the Constitutional Court is final and its non-implementation is punished according to the law.

2.         A legislative act or part of it recognised as non-constitutional losses its validity from the day of promulgation of the corresponding decree of the Constitutional Court.

3.         If the Constitutional Court considers that the effect of a legislative act may cause the irremediable results to any said, it may suspend the effect of arguable act before the passing the final decree.

Article 26

The Constitutional Court has no right to consider the conformity of a law or other legislative act with the constitution in whole if a plaintiff or an author of appeal applies for recognition as non-constitutional only any provision of a law or other legislative act.

Chapter 4. General Rule of Consideration and Determination of Case in the Constitutional Court

Article 27

1.         A case shall be considered at public sitting in the Constitutional Court.

2.         For protection of personal, professional, commercial, state secrets a sitting of the Constitutional Court or the part of it may be private by initiative of the Constitutional Court or through the mediation of the sides. In case of need a private sitting may be attended by witnesses, experts and interpreters. Through the mediation of the sides the Constitutional Court may give the right of attendance of at private sitting to other persons, too.

3.         Sentence on the case considered at the private sitting is passed by the Constitutional Court in the camera.

4.         A person under 16 if he/she is not a witness shall not be admitted to the session as well as an armed person, except those persons who guards the Constitutional Court. Such persons will be admitted only by permission of the Chairman of the Constitutional Court.

5.         The decree of the Constitutional Court is declared in public.

Article 28

Legal proceedings in the Constitutional Court are conducted in Georgian language. The court is to provide the participant who has not command of language of legal proceedings with an interpreter.

Article 29

The sides have a right to look through the case, to make extracts from the materials of case, to make copies, to submit evidences, to take part in investigation of evidences, to ask witnesses, experts, specialists, to apply to the Constitutional Court for mediation, to give verbal or written explanatory notes, to submit their conclusions and advance their opinions of all matters occurred within the consideration, to reject the mediations, conclusions and views of the second side.

Article 30

1.         The sides have a right to entrust an attorney or any other person having higher juridical education with defence of their interests at any stage of consideration of the case.

2.         The sides have a right to entrust their authorised person - a proxy - with exercising of their powers at any stage of consideration of the case.

Article 31

The reason for commencement of constitutional legal proceeding is the introduction of a constitutional action or constitutional appeal to the Constitutional Court.

A constitutional action or constitutional appeal shall be grounded. There shall be adduced those proofs which, in view of a plaintiff or author of an appeal, confirm the validity of an action or appeal.

Article 32.

Warning of witnesses, taking measures against those who commits a breach of the peace at a sitting in the Constitutional Court and study of proofs are carried out in order prescribed by the law.

Article 33

1.         The right to introduce a constitutional action to the Constitutional Court concerning conformity of the laws of Georgia, regulations of the Parliament of Georgia, legislative acts of the higher state bodies of Abkhazia and Adjaria, as well as normative acts passed before putting in force the Constitution of Georgia with the Constitution of Georgia, is granted to the President of Georgia and to at least the one-fifth of members of the Parliament of Georgia.

2.         A defendant in cases listed in Section 1 of this Article is the body on the grounds of legislative act of which was the constitutional action introduced; in the case the constitutional action concerns a legislative act passed before putting in force the Constitution - a defendant is the corresponding body which is the legal successor of the then body who passed the act, in case of non-existence of such a body and by the decree of the Constitutional Court - the President of Georgia or the Parliament of Georgia.

Article 34

1.         The right to introduce a constitutional action to the Constitutional Court concerning terms of reference of state bodies is granted to the President of Georgia if he considers that there have been infringed his powers or the constitutional terms of reference of a state body; to at least to the one-firth of members of the Parliament of Georgia, if they consider that there are infringed terms of office of the Parliament of Georgia or terms of office of other state body; also state bodies listed in Article 89 of the Constitution of Georgia if they consider that there have been infringed their terms of reference.

2.         A defendant in case stipulated by Section 1 of this Article is the state body which legislative act, in view of a plaintiff, has caused the infringement of his constitutional rights and duties.

3.         On receiving the constitutional action or constitutional appeal concerning terms of reference, the Constitutional Court shall send a copy of the action or appeal to the President of Georgia, the Parliament of Georgia, the higher bodies of Abkhazia and Adjaria. If within 15 days following the delivery of a copy any of addressees declared that satisfaction of the constitutional action or appeal infringes his terms of reference the Constitutional Court is to involve the declarant as a side in the case.

Article 35

1.         The right to introduce an action to the Constitutional Court concerning the constitutionality of creation and activity of civil political unions is granted to the President of Georgia, at least the one-fifth of members of the Parliament of Georgia and higher bodies of Abkhazia and Adjaria.

2.         A defendant in cases stipulated by Section 1 is a civil political union or body which has registered it.

Article 36

1.         The right to introduce a constitutional action to the Constitutional Court concerning the constitutionality of a referendum is granted to:

a)at least the one-fifth of members of the Parliament of Georgia if the President of Georgia by personal initiative or at request of the electorate has fixed, or despite the request of the Parliament of Georgia not fixed a referendum;

b)Public Defensor of Georgia if despite the request of electorate the referendum has not been fixed;

c)at least the one-fifth of members of the Parliament of Georgia, the Public Defensor if they consider that carrying out of the referendum contradicts the requirements of Section 2 of Article 74 of the Constitution of Georgia.

2.         In cases stipulated by Section 1 of this Article the defendant is the President of Georgia.

Article 37

1.         The right to introduce a constitutional action to the Constitutional Court concerning elections is granted to:

a)at least the one-fifth of the members of the Parliament of Georgia if they consider that elections of the President of Georgia have been carried by infringement of requirements ofArticle 70 of the Constitution of Georgia;

b)the President of Georgia or at least the one-fifth of the Parliament of Georgia if they consider that elections of the Parliament of Georgia are fixed or carried out with infringement of requirements of Sections 1 and 2 of Article 49 and Section 1 and 2 of Article 50 of the Constitution of Georgia.

2.         The defendant in cases stipulated by Section a) of Part 1 of this Article is the Central Election Committee of Georgia, in cases stipulated by section b) of Part 1 of this Article the President of Georgia or the Central Election Committee of Georgia.

Article 38

1.         The right to introduce a constitutional action to the Constitutional Court concerning constitutionality of international treaties and covenants or any their provision is granted to the President of Georgia, at least the one-fifth of members of the Parliament of Georgia.

2.         The constitutional action concerning constitutionality of such international treaties, covenants or their separate provisions which are subject to ratification may be introduced to the Constitutional Court before their ratification.

3.         The constitutional action concerning constitutionality of such international treaties, covenants or any of their provisions which have been ratified before recognition of the terms of reference of the first members of the Constitutional Court may be introduced to the Constitutional Court after their ratification.

4.         In case stipulated by Section 3 of this Article the constitutional action may be introduced within 3 month following the recognition of the terms of reference of the first members of the Constitutional Court. Consideration of issues on denouncement of treaties stipulated by Section 3 of this Article by the Parliament of Georgia will stop this term.

5.         The constitutional action concerning conformity of international treaties, covenants or any of their provisions in force with the Constitution of Georgia may be introduced after the Parliament of Georgia has rejected their denouncement or annulling as well as after 30 days following the raising the question on their denouncement or annulling before the Parliament of Georgia if the Parliament of Georgia has not settled this problem in this term.

6.         In case stipulated by Section 2 of this Article the defendant is the body or official concluded such a treaty or covenant, in case stipulated by Sections 3 and 5 - the Parliament of Georgia.

Article 39

1.         The right to introduce a constitutional action to the Constitutional Court concerning constitutionality of legislative acts any of their standards is granted to the Public Defensor of Georgia, physical persons of Georgia and other state if they consider that there have been infringed rights and freedoms declared in Chapter 2 of the Constitution of Georgia.

2.         The defendant in disputes stipulated by Section 1 of this Article is the body which action in view of a plaintiff has caused infringement of rights and freedoms declared in Chapter 2 of the Constitution of Georgia.

Article 40

1.         The right to introduce a constitutional action to the Constitutional Court concerning constitutionality of resolution of the Parliament of Georgia on recognition or pre-term expiration of office of the member of Parliament is granted to the President of Georgia, at least the one-fifth of the Parliament of Georgia, as well as to the citizen whose term of office, as a member of the Parliament, haven't been recognized or terminated by the Parliament of Georgia.

2.         The defendant in the case stipulated by Section 1 of this Article is the Parliament of Georgia.

Article 41

1.         The right to introduce a constitutional appeal to the Constitutional Court for making the findings on infringement of the Constitution of Georgia by the President of Georgia, the Chairman of the Supreme Court of Georgia, a member of Government, Prosecutor General, Chairman of the Chamber of Control or members of National Bank Council, is granted to at least the one-third of total members of the Parliament of Georgia.

2.         For preparation of findings on this issues the Constitutional Court has a right to cite the related officials.

3.         The term of introduction of the constitutional appeal on infringement of the Constitution of Georgia shall not exceed one month following the day when the Parliament of Georgia learns about infringement of the Constitution by the said officials.

Article 42

The right to introduce a constitutional appeal to the Constitutional Court in case stipulated by Article 20 of this Law is granted to the court considering this case. In this case the Constitutional Court shall consider the case in default of the author of appeal and the body which action has become the object of dispute.

Article 43

1.         The acts of the Constitutional Court are as follows: a decree, a sentence and findings.

2.         Any member of the Constitutional Court taking part in consideration of the case shall sign the act of the Constitutional Court.

3.         An act of the Constitutional Court which is not related to the consideration of case is to be signed by the Chairman and the secretary of the Constitutional Court.

4.         The Constitutional Court decides the case in written form.

5.         The Constitutional Court decides the issues introduced by constitutional action or constitutional appeal by written sentence.

6.         The Constitutional Court decides the issues on infringement of the Constitution, President of Georgia, the Chairman of the Supreme Court, members of Government, Prosecutor General, the Chairman of the Chamber of Control and members of the National Bank Council by findings in writing.

7.         The decree, sentence and findings of the Constitutional Court shall be substantiated.

8.         The decree, sentence and findings of the Constitutional Court are final and are not subject to appeal or reconsideration.

9.         Dismissal of the constitutional action or constitutional appeal excludes the appointment of repeated constitutional action or appeal or other one of the same subject and on the same grounds for consideration by the Constitutional Court (dismissal with prejudice).

Article 44

1.         The plenary session of the Constitutional Court is valid if attended by at least 6 members.

2.         The constitutional action or constitutional appeal is considered satisfied if seconded by more than a half of those attended the plenary session. The Chairman possesses one vote.

Article 45

1.         The Chamber of the Constitutional Court is valid to consider a constitutional action or constitutional appeal and to pass a decree if attended by at least 3 members.

2.         The constitutional action or constitutional appeal is considered satisfied if seconded by more than a half of those attended the Chamber.

Article 46

1.         The side has a right to raise a question on challenge of a member of the Constitutional Court taking part in consideration before the Constitutional Court considering the case, if:

a)a member of the Constitutional Court is a near relation of a side or of its representative;

b)a member of the Constitutional Court is directly or indirectly interested in results of the case or if there are other circumstances which give rise to doubt in his being not privy to this case (bias).

2.         In case of existence of grounds specified by this Article a member of the Constitutional Court has a right to reject his participation in consideration of the case.

3.         The application for rejection or challenge of a member of the Constitutional Court is considered satisfied if seconded by more than a half of those attended the sitting of the Constitutional Court.

Article 47

1.         A member of the Constitutional Court attending the sitting has a right to reserve his own opinion on the decree which shall be composed in written form.

2.         The own opinion of the member of the Constitutional Court shall be enclosed to the record of the sitting of the Constitutional Court and at request of the author is published in mass media together with the decree of the Constitutional Court.

3.         The decree of the Constitutional Court together with the own opinion is published in full form in the official organ of the Constitutional Court.

Article 48

A member of the Constitutional Court has no right to disclose the information of conference hold during the passing the decree of the Constitutional Court or the stand of a member of the Constitutional Court during the voting.

Article 49

Costs for case pleading in the Constitutional Court are compensated from the state budget.

Article 50

1.         The following is subject to state taxation:

a)constitutional action and appeal;

b)sentence and decree of the Constitutional Court when pronounced once more time.

2.         Amount and order of payment of the state tax is fixed by the law.

3.         The Constitutional Court has no right to exempt from the state tax, or to increase or decrease its amount.

Article 51

The Secretary of the Constitutional Court supervises the implementation of decrees of the Constitutional Court, he/she shall report on state of the implementation of the decrees to the plenary session of the Constitutional Court once a month.

Article 52

During the consideration of a case in the Constitutional Court a member of the Constitutional Court shall attend sittings in special uniform which is to be defined by regulations of the Constitutional Court.

Article 53

1.         The Constitutional Court has the state official seal with its name.

2.         The seat of the Constitutional Court is the town of Mtskheta.

President of Georgia, Eduard Shevardnadze

Tbilisi,

31.01. 1996