The organization “Young Barristers” appeals to the Parliament of Georgia with recommendation proposal regarding the submitted amendments of the law of "Agricultural Land Ownership" of Georgia and offers to take into account international practice and introduce far stricter regulations regarding the procedures of selling land for foreign citizen or for persons without citizenship.
According to statement of lawyer of the “Young Barristers”, Levan Beradze, the Parliament of Georgia is obliged to pay attention to the high public interest regarding the issue of selling land and ensure the proper agricultural policy by new legislative initiative. The organization appeals to the Legislative Authority and requires the emergence of new provisions in the initiated bill, according to which the alienation of agricultural land will be matching with the criteria of a distinct and meaningful challenges:
- Foreign citizens and stateless persons in Georgia, who have a residence permit by the law of "the legal status of foreigners and stateless persons", in order to obtain a permission for purchasing agricultural land should have lived in Georgia for the past 5 years;
- Foreign citizens and stateless persons in Georgia, who meet the above criteria and want to purchase agricultural land should bear the obligation to submit land developed plan in the appropriate body;
- Must tighten the regulation in connection with the status alteration of the agricultural land, since under the given rule, change the status of agricultural land to non-agricultural land status, is much convenient and simplified;
- Taking into consideration national interests of the country, it is necessary to establish not only the targeted criteria, in which case land will be sold, but the conditions for changing the status should be tightened also.
According to evaluation of the “Young Barristers”, establishment of certain criteria for foreign citizens and stateless persons in Georgia does not contradict international practice, which announces the alienation of property as free deal according to the free market conditions. We believe that the argumentation of the critics is weak; who point out those establishing criteria for procurement of agricultural land for foreign citizens and stateless persons in Georgia represents certain discrimination. If we look at the European countries: Germany, France, Denmark, Austria, the Czech Republic, Ireland, Switzerland and other countries' experiences, there are quite complicated requirements and strict regulation for the foreign citizen for the purchase of agricultural land.
The organization estimates, that Georgia should share the experience of the EU Member States, which concerns the legal framework-strategy for the protection of land ownership at the national level. We believe that the government should always control land alienation, as all land is the economic, social and cultural value. Georgia does not have a great resource of agricultural land. It is not a subject of reproduction and irreplaceable. Therefore, during the sale of land, the scope of commercial interest should be checked. Therefore, control over the agricultural land shall be maintained by the government and the land cannot be equated with other economic benefits.