Church–State Relations in Georgia

The relationship between the state and the church in Georgia is defined by the Constitution of Georgia (Article 9). The state guarantees full freedom of belief and religion, and affirms the independence of the church from the state. At the same time, it recognizes the special role of the Georgian Apostolic Autocephalous Orthodox Church in the history of Georgia.

Historically, Orthodox Christianity was the state religion in Georgia, and it played a significant role in shaping Georgian culture, national worldview, and values over the centuries. Since 2002, the relationship between the Georgian state and the Georgian Orthodox Church has been regulated by a Constitutional Agreement, a legal act under which the state and the church affirm their willingness to cooperate for the benefit of the population, while respecting the principle of mutual independence.

The Georgian Orthodox Church is recognized as “a subject of public law – a full-fledged legal entity of public law recognized by the state.” The agreement determines the legal status of clergy, guarantees for the protection of their rights, issues related to church property, and other matters. The agreement is signed by the President of Georgia and the Catholicos-Patriarch of All Georgia, and is approved by the Parliament and the Holy Synod.

In contrast to the Georgian Orthodox Church, the legal status of other religious associations (groups) in Georgia is determined by the Civil Code of Georgia (Articles 1509, 15091). Since 2011, religious associations can be register as legal entities of public law or as non-entrepreneurial (non-commercial) legal entities. They may also operate as unregistered associations as provided by the Civil Code.

Registration is carried out by the National Agency of Public Registry under the Ministry of Justice of Georgia. The agency is authorized to register as a legal entity of public law only those religious associations that either have a historical connection with Georgia or are recognized as religions under the laws of member states of the Council of Europe.

Sources: კონსტიტუციური შეთანხმება საქართველოს სახელმწიფოსა და საქართველოს სამოციქულო ავტოკეფალიურ მართლმადიდებელ ეკლესიას შორის, «საქართველოს საკანონმდებლო მაცნე», 27. XI. 2002, N116, მ. 1017.

Literature: ხ ე ც უ რ ი ა ნ ი ჯ., კონსტიტუციური შეთანხმება და რელიგიური გაერთიანებების სამართლებრივი სტატუსის ზოგიერთი საკითხი საქართველოში, წგ.: ძიებანი ქართულ სამართალმცოდნეობაში, თბ., 2011, გვ. 48–90.

J. Khetsuriani