“Young barristers”: Governmental “Agreement with Georgian” presents legal nonsense and is discriminating

20 July, 2012

Multilateral contract term by motive of getting support in the elections offered by ruling political party of executive and legislative government of Georgia to the citizens of Georgia presents nonsense in practice of contract law and from formal standpoint it means conditional contract, kind of previous contract and by content it is discriminating.  

The initiative of executive government “Agreement with Georgia” presents unilaterally expressed will towards creation of legal relationship. (Criminal Code of Georgia 50 -article) This document may be supposed as the example of previous contract with the citizens of Georgia, though on the base of this contract parties are imposed liability of making a new contract and creation of such liability is caused by the main contract that already exist between the parties, accordingly, by legal assessment if there are bases for making this contract, we have to deal with concrete reasons and such reason should be non-fulfillment of the condition connected with liability question. According to legal terminology this means acknowledgment from executive government of non-fulfillment of liability imposed by the elections held in 2003-2012 and the will of getting confidence once more.

Executive government made offer though the authenticity of accept is unknown . As  the second party hasn’t refused the term of contract beforehand or immediately, governmental document has pretension on authenticity. From other standpoint, the opinion may be legitime in accordance of which given document is thought as fictive contract. According to the 1st paragraph of the article-51 of Civil Code, the contract that is made for fiction without the intention that it will have juridical results, is annulled (fictive contract). Besides, if we discuss that presented contract shouldn’t be thought as the contract made in form characterized for legal practice, we have to deal with the contract made without keeping appropriate form that is supposed as annulled one in accordance with the article-59 of the code of Georgia.       

“The contract made without keeping necessary form foreseen by the law or contract is annulled”.  – There is said in the civil code.

In the contract the relationship of participants is based on equality of rights and they don’t subordinate on each other, besides the fact that they are physical person, legal entities, state or others. In the document “Contract with Georgia” nothing is said about honesty principles of fulfilling offered liabilities. The party expresses social demands of peoples’ utility and the advantage of legal interests is ignored that should become the base for social legislation. Moreover, nothing is said about one of the main contract terms in the document of this contract offered by the government, privately about rights and liabilities of parties after the period of the contract - bring in an action against non-fulfillment of the liabilities in the court.

 We, the citizens of Georgia, the persons having the right to vote, use our legal right connected with the document having juridical force of conditional contract presented by the executive government and under offering conditions appeal to connecting party - executive government to make following necessary amendments of contract term in presented document due to the interest of society and to widen liabilities:

1. Activity of Judiciary willn’t be controlled by executive and legislative authority and every citizen will have fair trial right.

2. Freedom of the press will be guaranteed, public information – accessible, freedom of expression – protected.

3. Penitential system will acknowledge liberal approaches, inappropriate treating to prisoners will be ceased, and the state will provide the beginning of general process of amnesty step by step.

4. Business will be freed from pressure, small and middle businesses will be without state intervention, monopolists willn’t define the market.

5. The state will recognize free higher education

6. The state will carry out policy towards ethnical minorities living in Georgia and their involving and adaptation from social-political and civil right standpoint. Ignoring of mentioned liabilities and direct indication in the document makes it discriminated. 

    



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