The NGO ,,Young Barristers’’ confirmed the Ministry of Education of Georgia as unconscientious body in the court case.

3 August, 2017

The "Young Barristers" revealed indifferent attitude, facts of improperly fullfiled obligations and groundlessness of money return in the government-founded international competition wich was implemented by the Ministry of Education and Science of Georgia, on the dispute of International Educational Assosiation with the Ministry of Education of Georgia.

According to the "Young Lawyers", the International Educational Association working in Georgia addressed to the Ministry of Education and Science of Georgia in 2015 and requested funding of pupils from Georgia for participation in the international competition: "EUROMATH - 2015". The Ministry refused Association to fund the participation of pupils in international competition. After rejection of the Ministry, the President of the Association addressed to Prime Minister of Georgia in 2013-2015 years Irakli Gharibashvili about finance. By the decree of the Prime Minister of 19 March 2015, the Association was financed from the Reserve Fund of the Government and the Contracting Party was defined the Ministry of Education and Science of Georgia. Hence that the international competition would held on March 25, 2015 in Athens, the capital of the Greece, what was widely known, the funds allocated for the Association were transferred one day before the event by the Ministry of Education of Georgia. In particular, March 24 at 10:00 pm, the Ministry transferred money to the Association which was reflected at 15:00, while the Georgian participants had to travel abroad for the same night. Consequently, due to the various organizational issues, the Georgian delegation's departure on international competition became doubtful. The Ministry of Education launched a suit against the Association for reimbursement of funds, which the Association paid for settling various organizational issues, the Ministry considered the amounts spent in this part inappropriately.

According to the decision of the Civil Cases Collegium of Tbilisi City Court of July 6, 2017: "It is undoubtedly established by the case materials that the Ministry's transferred money on the day of departure - 24 March 2015 and the association had a few hours to reconstruct various organizational issues such as traveling abroad of 14 children, including buying tickets, hotel booking, visa services etc. for which a certain period of time is required. The date of the event was known for the Ministry of Education of Georgia - March 25, 2015 and money were transferred on the previous day - March 24th, it was also known to the Ministry, that after the transfer of the money there would be a number of organizational issues, hence that the time given to the Association was insufficient and in accordance with the terms of the contract , enrollment can not be considered as preliminary compensation. Due to the transfer of money on March 24, 2015, it was necessary to receive valuable visa service in addition, which resulted increased expenditure - by 1224.21 GEL, which can not be considered as culprit action of the Association, because mentioned amount is target expenditure unforeseen in the enclosure. Besides, another unexpected target expenditures are identified. Such as: Translator services – 627.50 Lari, commission fee – 200.47 Lari, transportation fee – 770 Lari, internet – 99.94 Lari, insurance – 100.65 Lari, convertation of money – 88 Lari, increase of the specified expenditure – also can not be considered as a fault of the Association and the indicated amount is also an unexpected target expenditure. Consequently the Court considers that in the part of the specified amounts the expenses incurred are target expended  by the Assocoation and are not subject of return, because the subject of the Agreement between the Parties was financing of the participation of Georgian pupils in the international competition on 25- 30 March 2015 in Athens, for which the Association has spent 28 377 GEL from 33 275 GEL, thus, the additional cost incurred by the Association, the disputed - 2236 GEL is an unforseen expenditure and not the improper expenditure, consequently actual costs did not get beyond the contract and it served the subject of the constract. Hence that it should not be considered as the improper expenditure and it is not the subject of return’’.

For information: The ministry of Education and Science of Georgia registered the suit in the court against the International Educational Association on Febryary 24, 2016. Association will pay to the Ministry only 5241,75 Lari, which is unused amount of project. Association was agree to pay this unused amount of project to the Ministry before the trial and also in the process of dispute. The Ministry did not take into account the written petitions of "Young Barristers", in which organization offered the Ministry end the dispute with agreement.

On behalf of "Young Barristers", the interests of the International Educational Association was presented by Ruslan Aleksidze, the senior lawyer of the organization.

 



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