The Real Estate Property Protection in Georgian Republic

Contents

Preview

Ownership Right in General
Article 1. Protection of property

History:
Georgian Republic
The development of Georgian legal system

Legislation ensuring ownership rights/ Theoretical democracy
National Legislation
International Obligations
The obligation of protection

“Good Laws” working in the real life or “Inter arma enim silent leges”
State and citizens

Cases:
Case of Ltd “Comercanti 95”
Nodar Maisuradze’s case
Zurab Talakhadze’s Case:
Irina Nergadze’s Case:
Tabukashvili street 50/52 tenant’s case
The Case of Garages in Dighomi and Batumi
The Case of Marina Bochorishvili
Davit Asatiani’s Case
The case of company “Nia Ltd”
The Case of a trading centre near the Tsereteli Metro Station
The Case of Lasha Morchiladze
“Orkidea Ltd” “Merry Time Ltd
Other Cases on deconstruction

Santa Claus Time
Gocha Lomidze’s case
Gela Bezhashvili’s Case
Jemal Tsiklauri’s Case
Santa’s List

Massive Deprivation
Resolution 07.01.205
Case of Dodo Giorgadze

Conclusion

Entrance

You can never reverse mistakes you have made in past but you can avoid their repeatability.

My home work does not aim to criticize or somehow otherwise hinder existing government of Georgian Republic, the mission of the paper is just to observe and try to find the aid of the subsisting situation in this field, and avoid the further reduplication.

Preview

Topic of my paper is Real Estate protection in Georgian Republic, and I will observe the ownership right in scope of Protocol 1 Article 1 “Property Protection”. By Article 1 “Every natural or legal person is entitled to the peaceful enjoyment of his possessions”^[1]. In the statement possessions we can consider everything of economic value, phrase “possessions” is very huge by its contents and I will limit my inquest to real estate, so my point of inquest is the protection of real estate in Georgian Republic. Paper comprises elucidation of problems regarding protection of the right to property in republic of Georgia, which arose after the governmental shift and draws the subsisting situation concerning violation of ownership rights entitled by the Protocol 1 article 1. The paper also includes cases in which ownership rights were breached.

In 2003 in Georgia happened Rose Revolution which by its side evoked the total governmental shift, total governmental shift means that everyone who was governing and reining the country became persecuted by the new government and the policy of new rulers became a great threat for their possessions, Thousands of private property were demolished and assigned to the state. The number of cases in which private owners granted their property to the state without reimbursement has increased. Bodies which should guarantee the inviolability of property breached the fundamental right.

Ownership Right in General

Article 1. Protection of property

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.”^[2]

In this article there are 3 main objects to be mentioned: 1. Possessions 2. Person entitled and 3 The right ensured by the national and international law:

1) The statement “Property” or “Possessions” comprises anything of economic value; it includes physical and non-physical property: a) Land and buildings, b) Money, c) Goods, D) Shares and Investments, e) Rights under Contracts (including leases), f) Goodwill, G) Benefit resulting from a restrictive covenant.
2) The person entitled is a person or a legal entity who lawfully owns and exploits the above mentioned possessions. And this person has the right to use, develop, sell, destroy or deal with his or her property in any way he please.
3) The right protection of property means that public authorities can not interfere with that property is used unless there is a law that lets them to do it and unless it is justified, in other words no one can be deprived of his or her property except where action is permitted by law and justifiable in the public or general in tenet.

Easier to understand I shall bring the example: Mr. (A) owns a flat in Paris, (A) is a person which is entitled, flat is the possession and that he owns and treats his possession as he minds is the right entitled!

History

Georgian Republic

After being annexed by the Russian Empire in the 19th Century, Georgia was independent for three years after the Russian Bolshevik Revolution (1918 -1921). However, it was then invaded by the Soviet red army in 1921 and incorporated into the Soviet Union in 1922. At the dissolution of the USSR in 1991, Georgia became independent and nationalist leader, Zviad Gamsakhurdia, was elected as President. He was soon overthrown by the opposition which, in 1992, led to the appointment of Eduard Shevardnadze as the country’s new leader. Although he was re-elected in 2000, Georgian people increasingly felt at the mercy of poverty, corruption

and crime. In November 2003, Parliamentary elections were organised and official results proclaimed President Shevardnadze’s party as the winner of the elections. International observers alleged numerous irregularities in the elections which led to mass demonstrations. Georgians took to the streets to support the opposition in what became to be known as the “Velvet Revolution”. Under public opinion, pressure and the opposition, Shevardnadze announced his resignation in 2003. The Supreme Court annulled the results of the Parliamentary elections and presidential elections were organized. The opposition leader, Mikhail Saakashvili, was elected President in January 2004.

The development of Georgian legal system

After Georgia became independent its scientists started creation of totally new legal system unlike other legal systems of countries from former Soviet Union, despite the war the group of extraordinary scientists reached the point and created significant civil code which comprised and totally fitted the main principles of international legislation.

Legislation ensuring ownership rights/ Theoretical democracy

National Legislation

Subsisting situation evokes thoughts that there are some lacks in Georgian legislation regarding ownership rights, but further reading will proof that Georgian legislation fully fits the international human right standards:

In 90 nth number of normative acts were enforced concerning the protection of private property, theoretically Right to property is the most protected and guaranteed right in Georgian legislation, one’s the right to enjoy the possessions besides the international conventions is ensured by the Georgian Constitution (enacted in 1996), by Georgian civil code, by the law of Georgian Republic on ownership and by other legislative acts. Main guarantee of right to property is the article 21 of Georgian Constitution which fully ensures owners rights.

According to the Georgian Constitution:

1) “The property and the right to inherit shall be recognized and guaranteed. The abrogation of the universal right to property, of the right to acquire alienate and inherit property shall be impermissible.
2) The restriction of the rights to property and inheritance shall be permissible for the purpose of the pressing social need in the cases determined by law and in accordance with a procedure established by law.
3) Deprivation of the property for the purpose of the pressing social need shall be permissible in the circumstances as expressly determined by law, under a court decision or in case of the urgent necessity determined by Organic Law and only with appropriate compensation” .^[3]

In the third paragraph there are some statements which have valuable importance and needs deeper elucidation: “urgent necessity” -“Georgian Organic Law on Deprivation of Property in the Case of a Pressing Social Need” defines what is meant by urgent necessity, According to the law, “the urgent need is ecological or a natural disaster, epidemics, epizootic threats to human life and health, State or public security”.^[4]

“Appropriate compensation” The price of the entity shall be estimated according to the market price by the authorized governmental body. The price of the property shall be given to the owner before the property is seized.

An owner can transfer his or her rights to possess, use and dispose of the property to other person; to commit any action as regards to his or her property, in accordance with the law; to transfer his or her property to the possession of other person; to use his or her property for carrying out economic or any other activity not for bidden by the law.

There is the list of persons allowed to make a decision on depriving the property, the persons are: president of Georgian republic, any authoritative body of the executive government, governmental body of the autonomous republic or self-governmental institution in accordance with the location of the private property.

The Georgian Legislation guarantees right to property not only for physical persons but also for entities’ of private and public law. “In the Republic, of Georgia subjects of ownership (owners) are citizens of Georgia, patrides, legal entities and the state”.^[5]

In 1997 the Georgian Constitutional Court held that demolition and confiscation of the real estate and the rules permeating this action without any social need are abolished and are titled as not flexible to the Georgian Constitution, this decision completely ensured the right to property.

International Obligations

Besides National legislation right to property in Georgian republic is also guaranteed by international issues which have been ratified by Georgia in different years, this principle subsists in art 6 phar. 2 of Georgian Constitution:

“The legislation of Georgia shall correspond to universally recognized principles and rules of International law. An international treaty or agreement of Georgia, unless it contradicts the Georgian Constitution shall take precedence over domestic normative acts. “^[6]

[...]

^[1] Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, article 1 Paris, 20.III.1952

^[2] Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, article 1 Paris, 20.III.1952

^[3] Georgian Constitution art 21 paragraph 1

^[4] Georgian Organic Law on the Deprivation of the Property in the Case of Social Need, Article 2.

^[5] Law of the Republic of Georgia on ownership art. 3 ph. 1

^[6] Georgian Constitution art.6 phr.2