GD to Criminalize ‘Systematic’ Refusal to Recognize Government, Constitutional Bodies

2026-02-16 - 12:47

The ruling Georgian Dream party plans to punish “systematic” non-recognition of the government with up to three years in prison and to introduce such refusal as an aggravating circumstance in certain crimes under Georgia’s Criminal Code. The relevant changes, presented on February 16 at the Legal Issues Committee in the disputed Parliament by the committee chair Archil Gorduladze, will be added to a highly controversial legislative package introducing further restrictions on foreign grants, which has already passed first reading. The idea to criminalize refusal to recognize the legitimacy of the government and other constitutional bodies was first floated during a February 4 parliamentary plenary hearing, where MPs cited Germany’s experience. The ruling party leaders later referenced the 2025 banning of Germany’s far-right Reichsbürger movement, apparently framing opposition groups’ and citizens’ questioning of the Georgian Dream government’s legitimacy as analogous to the case. During the February 16 committee hearing, MP Archil Gorduladze read out the proposed Article 316 Prima to Georgia’s Criminal Code, titled “Extremism Against the Constitutional Order.” The draft article, as read out by Gorduladze, will target Georgian citizens or non-citizens who make “systematic and public calls” for “the mass violation of legislation, mass defiance of Georgian government bodies, or the creation of alternative authorities.” It will also target individuals “who systematically and publicly present themselves, or another person, as a representative of the Georgian government.” The article will further target “other systematic actions aimed at creating the perception that Georgia’s constitutional order or its constitutional bodies are illegitimate, and that harm Georgia’s interests or create a real danger to harm those interests.” According to Gorduladze, penalties under the article could include a fine, the amount of which he did not specify, 400 to 600 hours of community service, or up to three years in prison. Gorduladze said the key factors in classifying actions as such an offense are that they are “systemic, systematic, and public.” “A single person’s actions, of course, will not be considered a criminal offense,” he said, arguing that this approach will draw a “clear line” between freedom of speech and expression and criminal activity. In addition, such a refusal to recognize the legitimacy of constitutional bodies will become an aggravating circumstance for other offenses in the Criminal Code. “When imposing a sentence, committing a crime with the motive of refusing to recognize Georgia’s constitutional order or constitutional bodies will be considered an aggravating circumstance,” Gorduladze said, noting that the sentence must exceed the standard term for the relevant crime by “at least” one year. Commenting on the draft article, Georgian Dream Prime Minister Irakli Kobakhidze drew a parallel between Russia and what he called “extremist forces” inside the country. “Russia and four other countries do not recognize the Georgian government’s jurisdiction over 20 percent of the country’s territory,” he said, “and in Georgia, there are extremist forces that do not recognize the government’s jurisdiction over 100 percent of the country’s territory.” “We oppose both,” he added, “In the first case through the Law on Occupation, and in the second through a clause on extremism in the Criminal Code.” The Georgian Parliament, formed after the widely contested 2024 general elections, remains disputed. The Georgian Dream government that stayed in power and President Mikheil Kavelashvili, elected by a parliament made up only of Georgian Dream MPs at the time, are also challenged. Many opposition parties and opposition-minded citizens continue to reject their legitimacy. In comments to journalists, Irakli Kobakhidze also defended the 2024 election results, saying claims that they were rigged were “without any evidence.” “There was no violation,” he asserted. “The elections were carried out legitimately. When there is no evidence of election rigging, but sabotage continues, and when extremism against the constitutional order persists, legislation must respond to it,” he added. Meanwhile, Georgia’s Public Defender said the proposed offense “could conflict with both international standards protecting freedom of expression and the Georgian Constitution, and could allow for an overly broad interpretation of the imposed restrictions.” The Ombudsperson added that he will review the final version of the law once it is adopted and, if necessary, may file a lawsuit in the Constitutional Court. Also Read: 03/06/2025 – Georgian Dream Targets Critical Broadcasters for Questioning Government Legitimacy