Law of Georgia on Occupied Territories

After the collapse of the USSR and the transformation of the Georgian SSR into modern Georgia, as a result of a number of armed conflicts ( South Ossetian War (1991-1992) , War in Abkhazia (1992-1993) ), two unrecognized states , Abkhazia and South Ossetia , were controlled by the Tbilisi government and claimed to be in territory the former Abkhaz ASSR and the South Ossetian Autonomous Region, respectively. Georgia received international legal recognition of most countries in 1992, while Abkhazia and South Ossetia remained unrecognized for a long time. After the 2008 armed conflict between Georgia and South Ossetia (in which Abkhazia and Russia also supported South Ossetia), Russia and several other countries recognized Abkhazia and South Ossetia as sovereign independent states . From the point of view of Georgia, territories not controlled by its government are occupied by Russia ^[1] .

On October 23, 2008, the Parliament of Georgia adopted the Law on Occupied Territories in 3rd reading. On October 31, 2008 the law was signed by Georgian President Mikheil Saakashvili ^[2] .

In August 2009, it was announced that the law would be amended to allow transit traffic through Abkhazia and South Ossetia for persons seeking political asylum in Georgia ^[3] .

In February 2013, the Georgian government introduced amendments to the parliament softening this law. According to these amendments, the first violation of the law “on occupied territories” is qualified as an administrative offense punishable by a fine of 400 lari . Only repeated and subsequent violations are classified as criminal offenses . In this case, fines or imprisonment for up to one year may be applied to violators ^[4] . In May 2013, the Parliament of Georgia on the fourth attempt adopted these amendments in the first reading ^[5] .

• The provisions of the law apply to the territory of the Abkhaz Autonomous Republic and the Tskhinvali region (the territory of the former South Ossetian Autonomous Region ), as well as the Black Sea from the Psou River to the Inguri River , the village of Perevi, Sachkhera District , the territory of the Kurt , Yeredvsky , Azharsky and Akhalgorsk municipalities.
• For citizens of foreign states and stateless persons, entry into the territory of the Abkhaz Autonomous Republic is allowed only from the side of Zugdidi , to the territory of the Tskhinvali region - only from the side of Gori . In some cases, a special permission to enter from other directions may be issued.
• Any transactions made in the designated territories and not executed in accordance with the legislation of Georgia are considered invalid. Acquisition of the right to property is allowed only through inheritance.
• In the designated territories, any economic activity requiring licensing or confirmation is prohibited. In some cases, a special permit may be issued for such activities.
• Prohibited international air, sea and rail links, as well as international transport by road.
• The use of state resources, money transfers, and also the financing of activities specified in the law are prohibited.
• The Russian Federation is declared a state engaged in military occupation - it is held responsible for the violation of generally recognized human rights established by the Georgian Constitution , causing material and moral harm caused to Georgian citizens, stateless persons and foreign citizens who are in Georgia and legally transferred to the designated territories, to foreign citizens States safeguarding cultural heritage .
• Outside the law, all bodies that are not established in the manner established by the legislation of Georgia and (or) actually carry out in any form legislative, executive or judicial functions or other activities related to the functions of state bodies of Georgia or local self-government are declared .
• Violators of the law are liable under the legislation of Georgia.
• The law is retroactive and applies to relations that arose since 1990 .

• Foreign citizens and stateless persons actually do not have the opportunity to legally travel from / to Russia via Abkhazia and South Ossetia in the legal field of Georgia : in the first case, illegal crossing of the state border is fixed (upon entry into the territory controlled by Georgia), in the second in the document , in which entry / exit marks are made, an unauthorized visit to Georgia remains, which entails significant complications when entering many states.
• For citizens of non- CIS countries , entry and exit from Abkhazia and South Ossetia and their subsequent visit to Georgia are difficult, because the identity document is stamped with the border service of Abkhazia or South Ossetia, which entails significant difficulties when entering Georgia , as illegal crossing of the state border is recorded. Since October 2009, this stamp is placed in the passport only at the request of the entering / leaving party. A priori, the stamp is not put in the passport; it is replaced by the compulsory insurance policy, which the foreign person is required to carry from the moment of entry to the moment of departure from the republic. One-day insurance costs 10 Russian rubles (as of 02/11/2010).
• Economic activity is actually possible only either within Abkhazia and South Ossetia, or carried out through Russia.

• The foreign ministries of Belarus , Azerbaijan, and Ukraine called on their citizens to comply with Georgian legislation when visiting Abkhazia and South Ossetia ^{[6] [7] [8]} .

• On February 17, 2012, a Russian businessman Konstantin Rodionov was detained at the Tbilisi airport. He was charged with illegal visits to the occupied Georgian territories ^[9] . On April 10, 2012, he was released from custody as a result of a procedural agreement ^[10] .

• Ministry of Displaced Persons, Refugees and Resettlement (Georgia)
• The Law of Ukraine "On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine" , adopted in connection with the accession of Crimea to the Russian Federation

• Text of law