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Article 48
 

Prohibition of the use of administrative resources during canvassing and election campaign


1. Any person having the right to participate in canvassing according to Article 45(4) of this Law shall be prohibited from using administrative resources in the course of the election campaign in support of or against any political party, candidate for electoral subject, or electoral subject; among them, it shall be prohibited:


a) to use premises occupied by state authorities and municipality bodies, also by organisations funded from the State Budget of Georgia, provided that other political parties, candidates for electoral subject, or electoral subjects are unable to use the same or similar premises under the same conditions;


b) to use means of communication, information services, and other kinds of equipment designated for state authorities and municipality bodies, also for organisations funded from the State Budget of Georgia (except for political parties);


c) to use means of transportation owned by state authorities or municipality bodies;


d) for public servants, employees of legal entities under public law, employees of non-profit (non-commercial) legal entities established by the State or a municipality, directors, caregiver-pedagogues, caregivers, and teachers of pre-school educational institutions and general educational institutions established by the State or a municipality, or other persons employed there to meet together on account of official matters.


2. Restrictions provided for by paragraph 1(c) of this article shall not apply to the use of service vehicles by public political officials that are protected by the Special State Security Service as defined in this Law.


3. In order to ensure that public officers prevent and respond to violations of the electoral legislation of Georgia, an interagency commission shall be set up under the auspices of the Ministry for Justice of Georgia.


4. In case of regular general elections, an interagency commission shall be set up not later than the 1st of July of the election year, and in case of extraordinary elections or re-run elections of the Parliament of Georgia, an interagency commission shall be set up within three days after calling the elections.


41. An interagency commission shall cease its activities as from the day when the CEC officially publishes final results of elections.


5. The composition of an interagency commission shall be determined by an order of the Minister for Justice of Georgia, while the rules of operation of the interagency commission shall be determined by its statute approved by the Minister for Justice of Georgia. The interagency commission shall be convened by the commission chairperson when necessary, but at least once in two weeks, and after the registration period for electoral subjects expires – at least once a week.


6. Political parties receiving funding from the State Budget of Georgia shall participate with deliberative vote in the activities of the Interagency Commission, as well as other political associations, which provide the Interagency Commission with information on violations of Georgian election legislation by public servants at the session at which the relevant issue is reviewed.


7. An interagency commission shall consider issues related to information disseminated through the media about violation of electoral legislation by public officers, as well as information about violations reported to the interagency commission by political associations (electoral subjects), or observer organisations.


8. In order to ensure the publicity of activities of interagency commissions, the representatives of domestic and international observer organisations may be invited to the commission session.


9. If any statement of violation is confirmed, the commission shall have the right to recommend to any public officer, an administrative body, or the CEC to take respective measures within a reasonable time.


Organic Law of Georgia No 878 of 27 July 2013 – website, 7.8.2013


Organic Law of Georgia No 1698 of 11 December 2013 – website, 25.12.2013


Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014


Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018


Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020


Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020


Organic Law of Georgia No 703 of 28 June 2021 – website, 29.6.2021