Sarke Information Agency: Legislation Monitor

Legislation Monitor:
September 2004

Became effective:

Amendments and Supplement:

to Criminal-Procedural Code (September 16, 2004)
Under the ruling 31/5/193 of the Constitutional Court made on December 16, 2003, paragraph 7 of article 162 and paragraph 4 of article 406 were abolished as anti-constitutional. Under the paragraphs, while determining the length of pretrial detention the time for the examination of case documents by a defendant and his/her lawyer was not taken into consideration. Therefore, the defendant could stay in preliminary detention longer than nine months as established by the Constitution.
The amendments determine the issues to which the regulations abolished by the Constitutional Court applied. Paragraphs 71, 72 were added to article 162 of the Procedural Code. Under the paragraphs while calculating the term of preliminary detention, the time the defendant and his/her lawyer need for the examination of case documents will be included. If the time for the examination of the documents does not fit in the time set for preliminary detention, the prosecutor is authorized to apply to court for the extension of detention.
Adequate amendments were made to other regulations linked to this question.

Sub-Laws:

Decree of the Georgian Government “On the Approval of the Regulation of the Commission on Georgia’s Entry to the EU” (September 9, 2004)
A Commission on Georgia’s Entry to the EU was set up. The key task of the commission is to contribute to Georgia’s accession to the EU and coordinate state bodies in this direction.
The commission has the right:
- to consider questions of cooperation with the EU and its member states and to draw up draft decisions in order to introduce them to the government;
- to require and adopt any information essential for the work of the commission from ministries, state bodies and organizations;
- to accepts and consider reports from heads of state bodies on questions linked to commission’s terms of reference; introduce proposals to the government on the assessment of their activities;
- in accordance to a decision of the chairman of the commission, to set up within its terms of reference permanent, interim sub-committees and working groups from representatives of ministries, Parliament, other state bodies, non-governmental organizations and business circles in order to come up with certain recommendations, and coordinate their operation;
- to carry out duties of an recipient in the project “Georgian-European Policy and Legal Advice Center” (GEPLAC) of the EU technical assistance program (TACIS), other adequate projects and define main directions of the above mentioned center together with the European Commission;
- to make proposals regarding changing commission’s composition.
The Ñommission carries out its duties in compliance with a working plan established by its chairman.
Decree of the Presidential “On Rules of Granting Georgian Citizenship to Foreign Citizens” (September 9, 2004)
Under the Georgian Constitution, double citizenship is not permitted except for the following cases: the President is authorized to grant Georgian citizenship in compliance with the second half of paragraph 2 to a foreign citizen, if he/she has special merits to Georgia or granting him/her Georgian citizenship contributes to Georgia’s state interests.
The decree defines procedures and place of submitting applications, as well as the list of documents to be attached, rules of studying and considering the question and placing a proposal before the President. The final decision is made by the President.
Joint Order of the Finance and Economic Development Ministries “On Setting up a Commission to Consider Proposals and Make Decisions Regarding Distribution and Utilization of Net Profit of Enterprises with State Share” (September 14-15, 2004)
A commission made up of officials from the Finance and Economic Development Ministries has been set up. It will make decisions regarding distribution of net profit of enterprises with state shares in them, and provide for transparency of the process.
The Finance Ministry will head the commission. The regulation of the commission has been approved.
The commission’s terms of reference includes distribution of net profit of those enterprises with state share, which were set up directly by the Economic Development Ministry or other state bodies.
Order of the Economic Development Minister “On the Approval of the Regulation on Privatization of State Property through Direct Sale” (September 20, 2004)
Under current legislation, the decision on the privatization of state property through direct sale is made by the President. The order defines measures to be applied during the sale and the term within which it is to take place if approved by the President. It also determines the procedure and documents essential for making such deals, in particular making sale and purchase deals. The order also determines questions like accountability of a purchaser etc.

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