The organization “Young Barristers” publishes  special statement regarding  Government changes of May 1, 2015. The organization clarifies, if the “Law of Georgia on the Conflict of Interests and Corruption in Public Services” have been violated by nominating Tinatin Khidasheli,  current Member of the Parliament , a wife of the Chairman of the Parliament of Georgia, to the position of the Minister of Defence of Georgia.                                                                                                  

The “Young Barristers” states, that according to the Article 13, paragraph 7 of the “Law on the Conflict of Interests and Corruptions in the Public Service” : “A close relative of an official cannot be appointed to the position of a public servant, except by the competition.” In accordance of the article 4 of the same law :  “Family member” means a person’s spouse, minor and stepchild, also persons living with him/her on a permanent basis. “Close relative” means a member of a person’s family, straight blood relative in ascending and descending line, stepchild, sister and brother, also stepchildren of the parents and child.” 

The “Law of Georgia on Civil Service” defines who are regarded as Public Servants. In particular, according to the article 5 of the law: “Civil service is performed by : a. State-political official; b. Servants; c. Support personnel; d. Freelance Servants.” In the mentioned case, the Minister is a State-political official and not a civil servant, however, by it’s legal nature, both, a state-political official and a servant perform civil service.                                

The “Young Barristers” focuses on certain legal acts and provisions. Specifically, according to the article 1 of the  “Rules of Procedures of the Parliament of Georgia” : “The Georgian Parliament is the supreme representative body of the country, which exercises legislative power and determines principal directions of the country’s domestic and foreign policy within the frameworks of the Constitution, controls activities of the Government, and exercises other authorities determined by the Constitution and other legal acts including the ” Rules of Procedures of the Parliament of Georgia.” According to the article 3 (e)  of the Rules of Procedures of the Parliament : “Approving the structure, authority and the  rules of operation  of the Government” is one of the prerogatives of the Parliament.  Also, according to the article 1 of the” Law of Georgia on the Structure, Authority and Rules of Operation of the Government of Georgia”:  “The Government of Georgia is the supreme executive power , implementing  the internal and foreign policy of the State in accordance with the Georgian legislation. The Government is accountable before the Parliament of Georgia.” Despite the fact that the Government of Georgia is accountable before the Parliament of Georgia, yet “accountability” should not be understood as subordination . The Parliament is entitled to implement it’s control over  the Government activities only in the certain circumstances directly determined by legislation. Such  control  should not include  either  intervention in the human resources policy  or official supervision of the Government… besides, the Chairman of the Parliament of Georgia is the head of the collegial authority – the Parliament  and he doesn’t directly carry out Parliamentary control of the Government, but he  leads the work of the Parliament , guides the activities of the Parliamentary bodies and officials, represents Parliament of Georgia in domestic and foreign affairs in line with the “Rules of Procedures of the Parliament of Georgia”. The Chairman of the Parliament is not a direct supervisor of the member of the Government _ the Minister.  Therefore,  the issue of non-compliance is removed and thus, there can’t be any conflicts of interests either. 

Despite the fact, that the nomination of Tinatin Khidasheli to the position of the Minister of Defence of Georgia, does not contradict the “Law of Georgia on the Conflict of Interests and Corruption in the Public Service” and other legal acts as well, the organization “Young Barristers” considers, that the subject of discussion may become an issue of the high standards of democracy – if such decision complies with the status of the State on it’s way to  European Democracy and if such decision could prevent effective implementation of the Parliamentary control over the Government’s activities. While the Government is accountable before the Parliament, the Chairman of the Parliament is not  a direct supervisor of the Minister, yet,  should the country develop through such precedents?