The legislative structure of the cultural sector in Georgia includes the following:
- Many laws and acts of legislation passed by the Parliament;
- Resolutions of the Cabinet of Ministers of Georgia;
- President’s decrees, edicts, decisions and instructions of respective ministries and governmental agencies; and
- Decisions of local authorities.
The legislation on culture is continually reorganized, revised and refreshed, which requires a great number of new changes to the laws and instructions.
The laws determining the structures of cultural policy or declaration of principles
In order to guarantee the constitutional principles, the following laws in the cultural sector have been adopted:
The Law on Culture (1997) is guided by the Constitution and considers the centuries-old cultural tradition and world experience in the cultural sphere. The law is the legislative base for development of culture and protection and maintenance of cultural values in Georgia. Cultural heritage is defined as the main state priority in the Law on Culture.
The aim of the Law on Culture is to protect the rights of citizens in the sphere of culture; to determine legislative norms and principles for the use of cultural values and results of creative work; to determine the responsibility of individuals and legal entities for the maintenance and protection of cultural values; to ensure non-interference of the state in the creative process and free cultural activity of Georgian citizens; to promote the involvement of Georgian culture in the universal system of cultural processes and to carry out international obligations undertaken by the state.
According to the Constitution, this Law reinforces the right of an individual to carry out cultural activities and this is the integral and inviolable right of all citizens. All citizens of Georgia are entitled to carry out free creative and cultural work according to his / her interests and abilities.
The legislation determines a creative worker as an author, reproducer or interpreter of cultural values in the development of the intellectual and creative process.
The re-established Ministry of Culture, Sports and Youth plans to create the Code of Culture in 2021.
Table 3a: List of existing cultural legislation
Title of the act | Year of adoption |
Laws setting out cultural policy frameworks or declarations of principle | |
Law on Culture | 12.06.1997.N 751 – Is |
Laws establishing the scope, operation(s), governing structure(s) and procedures for funding cultural institutions | |
Law on Cultural Heritage | 08.05.2007./N 4708 – Is / |
Law on Architectural Activity | 14.04.1998. /1335–IIs/ |
Law on State Supervision of Architectural and Construction Activity (last amended in 2009) | 14.11.1997. /N1105-Is / |
Concerning Spatial Organization and City Construction Basis (last amendment 2011) | 02.06.2005. /1506-Is/ |
Law on Design | 04.05.2010. /3030-Is/. |
Law on Museums (last amendment 2007) | 22.06.2001. /990 – IIs/( |
Law on Professional Theatres | 24.04.2013. / 530-IIs/ |
Law on State Support to National Cinematography | 05.12.2000. /N655- Is/ |
Law on Creative Workers and Creative Unions (last amendment 2011) | 08.06.1999./2059–IIs/ |
Law on Library Management | 11.06.1996./N 267 – IIs/ |
Law on the Import and Export of Cultural Goods | 22.06.2001./N 985 – IIs/ |
Law on Copyright and Related Rights | 22.06.1999. /2112–IIs/ |
Law on Limitary Measures in Connection with Intellectual Property | 22.06.1999. /2159–IIს/ |
Law on Broadcasting | 23.12.2004. /780–rs/ |
Law On National Archive Fund and National Archive | 29.12.2006. /4205-rs/ |
Law on Official Language | 22.07.2015. /N 4084-rs / |
Table 3b: International legal instruments implemented by Georgia in the cultural field
Title of the act | Year of adoption |
The Universal Declaration of Human Rights (UDHR) 1948 | 20.05.1999 |
European Cultural Convention, 19 December 1954 | 25.04.1997 |
International Covenant on Economic, Social and Cultural Rights, 16 December 1966 | 03 .08. 1994 |
United Nations Educational, Scientific and Cultural Organization (UNESCO) Charter. | 7 .10.1992 |
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, 14 November 1970; UNESCO | 04.02.1993 |
Convention concerning the International Exchange of Publications (Paris, 3 December 1958); UNESCO | 04.11.1993 |
Convention concerning the Exchange of Official Publications and Government Documents between States (Paris, 3 December 1958); UNESCO | 04.11.1993 |
Convention against Discrimination in Education (Paris, 14 December 1960); UNESCO | 04.02.1993 |
Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972); UNESCO | 04.02.1993 |
Convention on the Recognition of Qualifications concerning Higher Education in the European Region (Lisbon, 11 April 1997) | 01.12.1999 |
Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the European Region (Paris, 21 December 1979); UNESCO | 04.12.1992 |
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 26 October 1961) | 14/08/2004 |
Convention for the Protection of Cultural Property in the Event of Armed Conflict; The Hague, 14 May 1954 ,UNESCO | 04.12.1992 |
Convention for the Protection of Cultural Property in the Event of Armed Conflict; the 1999 Second protocol ; UNESCO | 2009 |
Convention for the Safeguarding of the Intangible Cultural Heritage; (Paris, 3 November, 2003), UNESCO | 18.06.2008 |
Convention on the Protection and Promotion of the Diversity of Cultural Expressions; (Paris, 20 October, 2005); UNESCO | 01.10.2008 |
Convention on the Protection of the Archaeological Heritage; Revised: | 01 .08.2000; 14.10. 2000 |
The Council of Europe Convention on Cinematographic Co-Production (updated) Rotterdam January 30, 2017. | 01.07.2019 |
Bern Convention for the Protection of Literary and Artistic Works WIPO, 1986; Revised by the 1971 Paris Act | 16/05/1995 |
The World Intellectual Property Organization (WIPO) Copyright Treaty of December 20, 1996 ( WCT WIPO, 1996); | 23/05/2001 |
Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (1971) .WIPO | 20.05.2002 |
The WIPO Performances and Phonograms Treaty of December 20, 1996 (WPPT); | 23.05.2001 |
The Brussels Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement); TRIPS , WTO, 1995; | 14.06.2000 |
The Council of Europe Framework Convention on the Value of Cultural Heritage for Society, | 08.10.2010 |
Black Sea Convention on Cooperation in the Fields of Culture, Education, Science and Information, 6 March 1993; | 14.07.1995 |
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, 27 June, 1995 | 27.06.1995 |
Paris Convention for the Protection of Industrial Property of March 20, 1883, as Revised at Stockholm in 1967 | 14.06.1993 |
Patent Cooperation Treaty (PCT), as modified in Washington in 2001 | 14.06.1993 |
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised in Geneva in 1979 | 28.02.2003 |
The Madrid System (or Madrid protocol) for the International Registration of Marks, June 27, 1989 | 20.08.1998 |
The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs 31/12/1967 (1999) | 23.12.2003 |
Hague Agreement Concerning the International Deposit of Industrial Designs, 31/12/1961 | 01.08.2003 |
Locarno Agreement. Establishing an International Classification for Industrial Designs (1968) |
Comments are closed.