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Article 49
 

Prohibition of the use of budgetary funds, office, or official position


1. A person having the right to participate in canvassing, who holds an office within the state authorities or local government bodies, shall be prohibited to use his/her official status or capacity in the course of canvassing and election campaign in support of or against any political party, candidate for electoral subject, or electoral subject. For the purposes of this article, the above-stated shall include:


a) getting any career subordinate or otherwise dependent person involved in an activity that may support to presentation and/or election of a candidate;


b) collecting signatures and conducting canvassing during business trips funded by state authorities or local self-government bodies;


c) conducting canvassing during working hours and/or in the course of performing official duties.


2. The restriction provided for by paragraph 1(c) of this article shall not apply to public political officials determined by this Law, as well as to the cases where TV and radio broadcasters use air-time allotted for election campaign.


3. From the 60th day before and including Election Day, it is prohibited to implement such projects/programs that have not been previously included in the State Budget of Georgia, the republic budget of any Autonomous Republic of Georgia, or the budget of any local self-government unit, except when projects/programs are funded within the allocations provided for by the respective program code of the respective budget and/or by the funds from such allocations, as well as by the funds allocated by donors at least 60 days before Election Day. If the procedures under this paragraph are not met, an authorised person may apply to the court to suspend expenses.


4. From the 60th day before and including Election Day, it is prohibited to increase the amount of welfare benefits (pensions, hardship allowances, allowances, etc.), except for benefits the increase of which was provided for by the legislation of Georgia at least 60 days before Election Day. It is also prohibited to fund the welfare benefits (pensions, hardship allowances, allowances, etc.) that were not provided for by the legislation of Georgia at least 60 days before Election Day. If the procedures under this paragraph are not met, an authorised person may apply to the court to suspend expenses.


5. The third and fourth paragraphs of this article shall not apply to financing the setting up of polling places by state and/or municipal bodies under this Law and to financing the measures for remediation of the consequences of natural disasters or other force majeure circumstances.


51. During by-elections, points 3-5 of this article shall apply only to electoral precincts where by-elections are held.


6. In the course of canvassing, it is prohibited to produce, by funds from the State Budget/local self-government unit budget of Georgia, campaign materials, video or audio materials, or to create the website or any part thereof where any electoral subject/political party or its sequence number assigned during elections is displayed and/or which comprise materials in support of/against any electoral subject/political party. It is also prohibited to show an electoral subject/political party or a sequence number assigned thereto during elections in a public service announcement (PSA) made by funds from the State Budget/local selfgovernment unit budget of Georgia in the course of any election campaigning.


7. From the expiration of the registration term for electoral subjects until the end of polling day, it is prohibited to reshuffle head officers of any local self-government body, police, and the Prosecutor’s Office, except when the term of their office has expired and/or they violate the law.


Organic Law of Georgia No 878 of 27 July 2013 – website, 7.8.2013
Organic Law of Georgia No 2289 of 17 April 2014 – website, 17.4.2014
Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016