Changes to the rule for deferring compulsory military service

In the recently enacted "Defense Code," effective as of September 21, 2023, among numerous innovations, the pivotal modification pertained to the provision wherein ministerial service within any religious institution duly registered in Georgia permitted the deferral of military obligations. This was the article that allowed the deferment of military service with the certificate issued by the religious organization of "Girchi", "Biblical Freedom".

According to the provisions of the recently enacted code, the basis for deferment related to priestly service has been entirely removed. Consequently, individuals engaged in ministerial roles within religious organizations will no longer have the option to defer their obligatory military service.

In contrast to the previous regime, where clergy members were exempt from military duties, the revised regulations now allow them to discharge this obligation through an alternative non-military labor service.

However, the removal of this general basis for deferral from the law does not apply to priestly service in the Georgian Orthodox Church, as not only postponement, but also dismissal from military service is provided for by the "Concordat", a constitutional agreement signed between the Georgian Orthodox Church and the state, which is hierarchically higher than the Code

Accordingly, with the recent amendments, practitioners of other religious denominations, rather than being conscripted for compulsory military duty, will be required to engage in alternative service. Importantly, this obligation of alternative service will have no legal impact on the Orthodox Church due to the comprehensive exemption outlined in Article 4 of the Concordat, ensuring complete immunity for clerics from military service obligations.

It is noteworthy to mention that under the previous legislation, the grounds for deferring military service included enrollment in a theological school. However, this exception has been abolished in the new legal framework

"The recent legal reforms have also modified the cost associated with deferring mandatory military service for one calendar year, escalating from 2000 GEL to 5000 GEL.

This fee is a one-time payment, as the individual will once again become liable for compulsory military service after the expiration of the one-year deferral period."

It is noteworthy to underscore that the option of postponement is exclusively available to individuals below the age of 25.