According to the Minister of Justice of Georgia's new order, dating 6 April, which aims to differently regulate certain issues provided by the Law of Georgia on Enforcement Proceedings in order to prevent the spread of the new coronavirus (COVID-19), the so-called evictions haven't been renewed. Therefore, it is important to provide the society with complete and objective information about the order of the Minister, so as to avoid incompetent explanations or provocation of vulnerable groups based on the political appearance and to avoid forming negative attitudes. Organization "Young Barrister's" lawyer, Lia Lemonjava makes a legal explanation about the above mentioned issue.

According to Lia Lemonjava's statement, National Bureau of Enforcement will continue to work remotely, based on the Minister's order, which implies the electronic delivery of services by the Bureau. One of the most important and sensitive problem, regulated by this order of Minister of Georgia, is the so-called "evictions" and it should be clearly stated, that until the end of the state of emergency, on the cases of reclaiming the property from the possession and/or use of another person, the debtors and their accompanying persons won't be forcibly evicted from the real estate indicated in the writ of execution.

The creditor/applicant has only been entitled to register an application for eviction and based on that start the enforcement proceedings, which, indeed, is an ordinary appearance from the rightful legal owner, but, also, the state's firm position implies a strong restriction of this right. In particular, not to carry out enforcement, intervene in the enforcement process and based on the current situation, suspend the evictions of individuals and legal entities from the real estates. That's why, the National Bureau of Enforcement send a warning letter to the debtor without specifying the exact data and time of the enforced proceedings.

On top of that, the 10-day period for voluntary executing the decision on the mentioned category cases, as well as, its deadline will begin/continue counting as soon as the state of emergency ends. Based on the order, the confiscating process of the movable items for the debtor and its transferring to the creditor is also a subject to suspension.

Besides the eviction category cases, the regulation has applied to the whole arrangements, which are being realized by the National Bureau of Enforcement, according to the law of Georgia. Based on the order, the exchange of the documents and information between the National Bureau of Enforcement and the proceeding's participant party, will be carried out electronically, according to the email-address, specified by the party. (Based on the e-mail of my.gov.ge or info@nbe.gov.ge).

It should be noted out, that the creditor/applicant are entitled to start enforcement proceedings even without having the original acts subjected to the execution. What is important is, that they will be able to use the electronic system and based on the Article 25 of the Law of Georgia on Enforcement Proceedings - the documents, as well as, the following acts of the enforcement submit through the citizen's portal my.gov.ge and/or info@nbe.gov.ge email. It is significantly important, that the applicant is still obliged to provide the original document withing 10 working days after ending the state of emergency.

The order also implies the form and rules of communication with a private bailiff. The private bailiff will only start the enforcement proceedings based on the writ of execution/the following acts of enforcement, submitted electronically. The exchange of the documents between the private bailiff and the participants will be also carried out electronically, based on the e-mail address indicated by the same person (via the private bailiff's e-mail).

For ensuring the safety of citizens and considering the recommendations, the National Bureau of Enforcement suspends the items seizure, which are placed in the residential area. Also, the processes started for the constantation of facts will be also suspended/postponed, except the necessary occasions. Moreover, during the state of emergency, the National Bureau of Enforcement is entitled not to accept or carry out the constantation of fact's proceedings.