The organization “Young Barristers” thanks the judicial authority for the consideration of the best interests of the child in record of the juvenile, Giorgi Kakhurashvili’s precedential legal dispute. The judge, Zaza Martiashvili, upheld the claim of the plaintiff Giorgi Kahurashvili, on June 4, 2015. The court has declared the mortgage agreement, according to which the property of the Juvenile was loaded, invalid.

The case referred to the juvenile’s property right. Namely, a real estate,  belonging to  juvenile, G. Kakhuashvili, was  loaded in favor of the MFO “Georgian Capital” in return for  the loan of 7 000 USD. The  loan was taken for the development of  agricultural activities. However, taking into account an  annual interest rate of the loan , reaching  60%,  it was  impossible for the family to succeed  and the property, owned by the  juvenile G. Kakhurashvili  was sold through the auction on June 4, 2012. For that time, the  Kakhuashvili’s family  had already covered about 8 200 USD of the loan in favor of the MFO “Georgian Capital”. The new owner of the property has twice  requested   for coercive measures  for the juvenile’s  eviction from the property. However, by June 1, 2015, an enforcement procedure has been  temporarily suspended. The key mistake of the case, is   that, in the process  of concluding property loading  agreement , no one, including the notary,  had ever explained to the parents of the juvenile, that in accordance with the current international and domestic  legislation, they were not entitled to their juvenile child’s  property dispose. This property has been passed to the child from his grandfather, as a gift. Accordingly, the court stated in the decision, that the best interests of the child, was not taken into consideration at the moment of conclusion of the agreement.   

Before  Tbilisi City Court decision of June 4, 2015, the Kakhuashvili’s family had appealed to the court of first instance 7 times, however the court  refused to consider the case in every single time. Despite this, the family tried to restore the   violated  rights one more time. And the court of appeal had finally accepted  the case for consideration. The  recommendations regarding the case have been issued by both, the Public Defender’s Office of Georgia and the Committee on the Human rights and Civil Integration of the Parliament of Georgia. In accordance with these recommendations, the Chairperson of the National Bureau of Enforcement, was requested  to suspend enforcement procedure due to the best interests of the child. Due to the good will of the Government, enforcement procedure is suspended for now.

The “Young Barristers” has started it’s representation in record of the case, since 2014. The organization has managed to renew the proceedings  and suspend  enforcement procedure. It should also be noted, that throughout an entire period, the family is being  supported  by the Ministry of Labor, Health and Social Affairs of Georgia.

The co-founder of the organization “Young Barristers”, Marika Arevadze represented interests of the juvenile Giorgi Kakhurashvili in court.