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Georgia/ 5.1 General legislation  

5.1.2 Division of jurisdiction

Division of jurisdiction on cultural issues between national / federal and various regional / provincial, local / municipal levels of government is referred to in various laws and is regulated by the following laws to a different extent:

  • the Law on Culture (1997) is of a declarative nature and specifies the general responsibility of the state in the sphere of culture;
  • the legislation on Public Law which determines the legal status, rules of activity and terms of reference of state establishments at various levels:
    • The Law on the Structure, Authority and Rules of Activity of the Government of Georgia (2004).This Law determinesthe structure and authorityin the executive branch of power. The government of Georgia ensures the executive power through the branch ministries and subordinate departments (namely, through the Ministry of Culture and Monument Protection and the subordinate State Department of Sports and State Department on Youth Affairs).
    • The Law on the Public Service (1997). This Law determines the authority and responsibility of public services, rights and duties of officials, public servants at all levels of power. (The term "public service" defines the services of state, local administration and self-government, i.e. public establishments).
    • The Law on Legal Entities under Public Law (1999).Under this Law, the legal and organisational status of the establishments that are financed by the state budget are determined (see chapter 3.2).
    • The Law on Local Administration and Self-Government (1997). Under this Law local authorities shall be responsible for activity in the sphere of culture in the regions (see chapter 3.2).
    • The Law on the Budgetary System (2004, amended 2006). This Law determines the principles of formation of the budgetary system and regulates the drafting of the budget. Consequently, budgetary relations and responsibility of the central authority, authorities of autonomous republics and local authorities are regulated. Article 13 of the Law on the Budgetary System establishes that the reserve funds of the President of Georgia and government of Georgia shall be assigned for such extraordinary events of national importance as natural disasters and for financing of other unforeseen state expenses.
    • The Law on the State Budget of Georgia (annual). The Law distributes the general financing of the Ministry of Culture and Monument Protection among the subordinate organisations, legal entities under public law and specific state programmes for culture, sports and youth affairs.

In addition to the laws above, the legal / juridical subsidiarityon culture is enforced by means of regulatory acts issued by the President and government (decrees, resolutions, and orders).

Chapter published: 26-01-2016

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