The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform

08 Nov 2019
The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform

The Committee discussed with the II reading the draft organic law on Common Courts initiated by Irakli Kobakhidze, Archil Talakvadze, Anri Okhanashvili, Guram Macharashvili and Giorgi Kakhiani.

According to the Chair, Anri Okhanashvili, the draft is an important bill within the 4th wave of the judicial reform: “This draft is the milestone of the changes implemented by Georgian Dream since 2012 within the judicial reform and aims at improvement of the judicial system. It unifies all the changes and ensures openness, transparency and accountability of the High Council of Justice in terms that the society shall have the opportunity to monitor the processes within the Council. Our task was to at maximal extent impartially outline the basics of disciplinary responsibility towards certain judges to prevent abuse or miss-interpretation of the norms, which unfortunately have been frequently occurring regarding the judges in the preceding government. Hence, we strived to impartially outline disciplinary responsibility principles to ensure better protection of the judges and prevention of abuse of the norm. We want the High School of Justice in judicial sphere and namely in judicial system to be improved to ensure training, requalification of the personnel and to ensure high-quality education related to the court activity. Correspondingly, the draft ensures reforming of the High School of Justice and extends and improves the education process. It provides the guarantees for attractive program of the School, increased salaries and better conditions for the readers. The draft introduces the system for the theoretical course and internship in various state agencies – Court, law office, notary office etc. Correspondingly, we receive the balanced system. Next aspect is related to the guarantees of the independent inspector. In this regard, the draft introduces the changes to protect activity of the independent inspector and ensure guarantees for its independence and impartiality”, - he noted.

The reform is being implemented in cooperation with the international partners.

The US Embassy hails the draft as the bill based on the consensus to further improve the judicial system. The Head of CoE Office, Mr. Christian Urse also approved adoption of the bill with the I reading. The process included all subjects concerned, NGOs, international partners as it is one of the most important drafts based on consensus and ensuring consideration of main principles of the best international practice. All recommendations have been shared and reflected to the draft”, - he added.

The Committee approved the draft and discussed with the I reading the draft organic law on National Bank granting the resolution mandate to the NB, establishing the legal mechanism for realization of the mandate, respective instruments and crisis management remedies allowing the NB, in line with the international practice, ensuring financial stability of the sector in crisis situation and maintaining the critical functions of the Bank for protection of the interests of the depositors.

The concept of resolution implies establishment of the resolution regime by the NB towards the commercial bank and implementation of the resolution authorities for achievement of the goals, such are uninterrupted critical functions of the commercial bank, prevention of negative impact on financial system stability, protection of the budget and state funds, protection of the insured deposits and assets in line with the law on Deposit Insurance System.

The draft redefines the term “temporary bank”, which is the temporary commercial bank established directly or indirectly by the Finance Ministry for achievement of the resolutions stipulated under the law for full or partial delegation of the assets, stocks and commitments and/or critical functions of the commercial bank.

The Committee approved the draft and discussed with the III reading the bill on Code of Administrative Offenses by Zaza Gabunia, Giorgi Kakhiani, Merab Kvaraia and Koba Lursmanashvili, envisaging the warning of the person for illicit occupation and/or use of the land on municipal territory (except Tbilisi municipality), and the repetition will be subject to the penalty of 2000 GEL.

The Committee approved the bill and discussed with the III reading the bill on Code of Administrative Offenses and the draft organic law on Local Self-Government Code initiated by Zaza Gabunia and Goga Gulordava.

The changes envisage:

  • Movement of the buses (M2 and M3 categories) or any transport mean owned by the natural person or legal entity implementing touristic activity in view of sightseeing the cultural heritage within the administrative borders of the Capital in Tbilisi with violation of the route established by the municipal representative body shall entail penalty of 100 GEL;
  • Movement of the buses (M2 and M3 categories) or any transport mean owned by the natural person or legal entity implementing special regular transportation within the administrative borders of the Capital with violation of the route shall entail the penalty of 100 GEL.

The Committee approved the bills.

Gallery

  • The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform, November 8, 2019
  • The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform, November 8, 2019
  • The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform, November 8, 2019
  • The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform, November 8, 2019
  • The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform, November 8, 2019
  • The Legal Issues Committee discussed with the II reading the Draft Organic Law on Common Courts introduced within the 4th Wave of the Judicial Reform, November 8, 2019