The judges grossly violate legal timeline

23 October, 2014

The organization “Young Barrsiters” addresses to the High Council of Justice of Georgia to begin complex approach to solve important problems excisting in the justice system, in particular, violations of the procedural terms established by the law for dispute resolision and for the effective working of the judicial authority, by creating the appropriate infrastructural base that will actually help to overcome significant challenges in the justice system.

According to the statement of lawyer of the “Young Barristers” – Ana Kiknadze, almost all of the dispute process the judges violate the law, when making decision cannot be established in accordance with the procedural terms for adjudication of disputes. In courts the courtrooms are not enough to make the judges able to appoint sessions on a daily basis. There are occasions when judges may use the courtrooms only twice a week. As a result, it is not possible to review the cases in the time limits established by the Procedural Code. There is a problem for many years, but effective steps have not been taken to solve it.

The organization estimates that another problem in the judicial system, on the background of an increased judicial appeals is the lack of judges. One judge reviews more than 50 cases. The organization has questions about why institute of judicial reserve is not used, when there is a reserve of judges and at the same time there are competitions announced on the vacancy of judges. If there is a vacancy, the reserve judges should be employed. It is unknown why the number of judges did not increased, while in Tbilisi City Court, only 32 judges are in the Civil Board, which raises doubts that the judicial system does not go through the development and strengthening the role of individual judges.

According to the evaluation of the “Young Barristers”, way to resolve the problems in the judicial system represents decision to increase the procedural deadlines set for the trial courts and infrastructural development of the buildings. In addition, if solution of an elementary issues still remains a challenge in courts, it is suspicious and raises questions about how much was spent from donor organizations and government budget allocations on the intended targets and purposefully on judicial reform. If the practice of reviewing cases out of the procedural terms continues, it is important the parliament of Georgia to discuss the capacity of increasing terms instead of violation of the law, in order the parties involved to implementation of justice to have a legitimate trust and objective expectation to the judicial system.

Notice: Georgian Civil Procedural Code defines in Articles 59 and 391 validity terms, according to which civil cases, courts hear no later than 2 months from the date of receipt of the application and on especially difficult category of cases, by the decision of the court, this period may be extended by no more than 5 months.

As for the claimants about an alimony payments, or health injury, as well as compensation for damages caused by the death of a breadwinner, labor relations and the relations arising from the use of dwelling, they must be examined no later than 1 month. While in the Supreme Court cassation and decision-making proceedings should be within the period of 6 months.

The “Young Barristers” on these problematic issues, publicly appealed to the Supreme Court of Justice on 17 February 2014, however konstantine Kublashvili has left the issue without a response.

 



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