Draft law on evictions is a risk - საერთაშორისო გამჭვირვალობა - საქართველო

Draft law on evictions is a risk

09 June, 2015

Legislative initiative of Parliament's Legal Affairs Committee was registered in the Parliament on 19 May 2015, authored by MP Paata Kiknavelidze. The bill provides for amendments to the Civil Code of Georgia, Civil Procedure Code of Georgia, the Law of Georgia "on the Police" and the Law of Georgia "on Enforcement Proceedings". Proposed amendments abolish the possibility of evicting illegal/unlawful possessors of immovable things without addressing the court.

Current legislation authorizes the owner to approach the police and request eviction of possessor (which does not have a written document confirming the right to possession) of his/her immovable property.

Pursuant to explanatory note of the draft Law, amendments are triggered by substantial legal gaps, which, the author claims are characteristic to the institute of eviction of individuals from real property through non-judicial, including police procedures, which were introduced and enacted since 2007.

Transparency International Georgia believes the regulations proposed in the draft Law contradict the ownership right recognized by the Constitution of Georgia. Adoption of the draft Law will have adverse consequences for Georgia-based commercial banks, microfinance organizations, credit unions, leasing and developing companies, and private or legal persons operating in the real estate business. We find this will by itself affect the development of these sectors of economy, and deteriorate Georgia's positions in relevant international ratings.

Provided below are the motives brought in the explanatory note by the draft Law's author, and our counter arguments.