The sitting of the Legal Issues Committee

09 Feb 2018
The sitting of the Legal Issues Committee

The Committee considered with the I reading the Bill on: Code of Administrative Offenses, introduced by the Deputy Labor Minister, Zaza Sopromadze.

According to the Article 12 of the Law on Narcotic Means, Psychotropic Agents, Precursors and Narcological Aid, all state agencies and entities conducting activity related to legal turnover of the substances under state control on Georgian territory, shall submit the mandatory information to the State Regulation Agency for Medical Activity.

The initial version of the Ordinance also comprised submission of information by the authorized drug-stores to the Agency about the wholesales within the country. According to the change introduced in 2017, the drug-stores are imposed with the new obligation to on quarterly basis provide the Agency with information about retails.

Hence, respective Article is supplemented with the remark that upon failure of provision of information stipulated under the legislation on legal turnover of substances under state control by the entity authorized by the Labor Ministry, the sanction shall be imposed to the offender according to the registration. Failure to inquire reports in legal turnover of pharmaceutical product of the I group is no longer attributed to the competence of the regional (city) Court but the Agency shall be entitled to impose administrative sanctions.

Upon administrative offense, the Ministry entitled entity shall impose the sanction – the administrative offense protocol and the rule of fill-in and submission thereof shall be defined by the Labor Minister. If the sanction failed to be delivered according to registration, the courier shall make the record on the protocol for be re-delivered within no earlier than 30 and no later than 60 days. The protocol shall be doomed delivered if declined upon re-delivery. The Committee supported the Bill.

The Committee considered with the III reading the Bills on: Legal Aid; Lawyers introduced by the First Vice Speaker, Tamar Chugoshvili.

The changes allow the victims of the domestic violence and violence against women enjoying the legal aid free of charge regardless of public or personal violence. The Legal Aid Service shall ensure protection of the victim despite insolvency thereof, if the victim fails to invite the lawyer in general manner. The LAS mandate shall be extended to protect the victims of domestic violence to cover the civil and administrative cases related to domestic violence.

The LAS Council Regulations are exposed to the changes ensuring higher efficiency of the Council. The Committee supported the Bills.

The Committee considered with the I reading the Bills on: Code of Administrative Offenses; Criminal Code; Waste Management Code envisaging: deprivation of right to wear hunting weapon and responsibility for activity without the permit or license and for violation of the permit or license conditions. The verbal remarks are no longer applied in case of repetition of the offense.

According to the Chair of the Committee, Eka Beselia, the Committee considered the Bill during two sittings and changes aim at protection of environment from illicit intervention, which unfortunately occur in reality – illegal wood-cut etc. “The changes envisaging stricter sanctions for repeated administrative offense, as well as deprivation of wear of hunting weapon pursuant to the Article 24 of the Code, also concern age limitation, the list of the officials that may be related to administrative offense issues. The changes define authority of the person composing the sanction for administrative offense. The change is introduced to the Article on entrails envisaging confiscation of offense instrument and extracted solid entrails in case of extraction without the license. Some changes in the Criminal Code concern violation of registration of the sewing plant and stricter sanction for illegal use of entrails. The Waste Management Code is supplemented with the records concerning legal regulation of use of bio-degradable parks in environmental protection terms”.

The Committee supported the Bills.

The Committee considered with the I reading the draft Rules of Procedure envisaging improvement of public involvement mechanism in consideration of the draft Constitutional changes.

According to Irina Pruidze, the changes derive from obligation of the Open and Transparent Governance Council within the action plan.

One of the changes specify that upon consideration of the Bills regarding general or partial revision of the Constitution: at least 11 public meetings shall be held in Tbilisi and other regions; the Parliamentary website shall reflect the schedule of the meetings 5 days prior; the Public Consideration Commission shall develop the special form for registration of public opinions to be uploaded on the website and distributed at the meetings.

The Article defining the performance of the Committee shall be supplemented with the norm that the Committees develop the action plans and promulgate them allowing the parties concerned obtaining timely information about the legislative processes. The Open and Transparent Government Council shall be retitled into “Permanent Open Governance Parliamentary Council”.

The Article defining main directions of transparent Parliamentary activity shall be supplemented with 2 obligations: annual meetings of the Parliament and the public organizations and oversight of the activity of the Government within OGP. The Committee supported the Bills.

The Committee considered with the I reading the Bill on Spatial Arrangement and Construction Code aiming at unification of the laws regulating spatial arrangement and construction activity.

The Bill consists of 6 Books, 16 Chapters and 145 Articles. Book I consists of 3 articles. The first Article defines the Code regulation sphere covering the general construction law institution – spatial arrangement planning, and the final construction stage – set of premises to operation. The reservation is made that the Code does not regulate construction of the premises of excessive technical hazard, protection of cultural heritage, certification of architecture and engineering construction activity, social dwelling and similar issues. The Code does not regulate other issues that shall be regulated under the adjoining laws.

Book II provides spatial arrangement and urban construction planning legal institutions. One of the central principles of the Bill is to reconcile public and private interests.

The Book III covers main requirements of land plot cultivation issues and legal norms regulating premise and construction material quality. The Book IV defines rule of issue of construction permit and the Book V regulates construction supervision, construction offense consideration administrative proceedings etc.

The Bill is based on the circumstances: improvement of legal technique; regulation of issue of construction permit; outdated terms in the prevailing law; incompliance with the international and European laws etc.

According to the Deputy Economic Minister, Irma Kavtaradze, after revision of the initial version, the Code was retitled into “Spatial Planning, Architectural and Construction Activity Code”. The Committee supported the Bill.

Gallery

  • The sitting of the Legal Issues Committee, February 9, 2018
  • The sitting of the Legal Issues Committee, February 9, 2018
  • The sitting of the Legal Issues Committee, February 9, 2018
  • The sitting of the Legal Issues Committee, February 9, 2018
  • The sitting of the Legal Issues Committee, February 9, 2018
  • The sitting of the Legal Issues Committee, February 9, 2018
  • The sitting of the Legal Issues Committee, February 9, 2018
  • The sitting of the Legal Issues Committee, February 9, 2018