The organization “Young Barristers” positively appraises an initiative on the prohibition of eviction of the residents, possessing real estate, without relevant court decision, and appeals to the Parliament of Georgia to timely implement sufficient amendments in the legislation.

According to the lawyer of the “Young Barristers”,  Ana Kiknadze, current legislation, according to which it is possible to evict   residents from the real estate  without court decision,  is in conflict with international regulations. For example, it contradicts article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, establishing  private and family right  respect.  Accordingly, it is important to make relevant amendments to the legislation and prohibit force eviction and interference restriction without relevant decision of the court.

According to the evaluation provided by the organization, the former Minister of Internal Affairs, Vano Merabishvili’s decree N747 of May 24, 2007, according to which the Police is  entitled  to conduct eviction of the resident from possessing real estate without court decision, even if legal dispute over  such real estate is in progress in the court,  significantly  violates rights of the persons, possessing real estate. Despite the fact, that during the proceedings, person owning disputed real estate is not the owner according to the Public Registry data, yet, mentioned real estate is disputed and the chances to return it is great, since the ownership on the property has been lost in an illegal manner. Accordingly, in case of such disputes, it is necessary, that court made it’s decision after relevant proceedings and withdrawal of the estate from illegally possession should not be implemented by the way of  bypassing the court.  

In the practice of the legal group of the “Young Barristers”, there have been a case, when the court ruling suspended eviction process from the disputed property, however, eviction has been implemented on the basis of  Vano Merabishvili’s  decree N747. As a result, the property owner and his family have suffered  a great damage. Very often people lose their property through forgery  and these people should have opportunity to apply to the court and claim their property back.

The “Young Barristers” considers, that an opinion, according to which,  prohibition of  eviction of the residents from the possessing  real estate without relevant  court decision will violate rights of the creditors and/or owners who have purchased property legally, for instance by auction and didn’t have opportunity to benefit from their property, cannot justify the fact of eviction without court decision. Despite the fact, that in case of the person’s appeal to the court, court proceedings are always related to the terms of discussion, the organization yet doesn’t share this opinion and explains, that discussion of the above mentioned cases is not related to the specific terms or delays of the case consideration on behalf of the court, in such a manner to justify eviction without court decision, since the damage, caused by eviction is much greater and protected benefits are also very important.