“Young Barristers” comments on the discussion between the MP and the “Fact-Meter”, a project by “Georgia’s Reforms Associates”. The member of Parliament stated, that citizens of Georgia have given up 5634 units of different properties during 2004-12. Project authors appraised public statement by MP as a lie. The statement on its turn was based on the results of the monitoring, implemented by “Young Barristers” and represented to the society for introduction through the press-conference at the press-club of the information agency “Pirveli” on April 28, 2015. It is worth noting, that while making a statement, the member of parliament didn’t precise the source of information, however on June 23, 2015, in the comment, made for the news agency, he stated that the announcement made in the Parliament was based on the data, published by “Young Barristers”.
“Young Barristers” have studied positions of the both parties – the context of the public statement, made in the parliament and the “Fact-Meter” arguments and points out with full responsibility, that Statement made by Giga Bukia reflects truth and is in line with evidences. He has not misled the society and statements by “Fact-Meter” is not true. The evidence proving MP’s lie, represented by the “Fact-Meter”, is a written document with completely different content and has nothing to do with checking authenticity of the statement, made by Mr. Bukia.
In particular, the main issues of the statement, made by Mr. Bukia in the Parliament are as follows: “5634 different properties were transferred to the state ownership by the citizens without any charge… transmitted his/her own property in State ownership… everyone knows for what and how you were using these properties… while there is no fact of the property transfer to the state ownership either by citizens or by business entities reported during last two years.” (the style is preserved).
The “Fact-Meter” substantiates it’s announcement on the basis of May 25, 2015 letter from the National Agency for State Property Management. The letter says: „according to our information, 605 natural persons and non-public entities, had expressed will to transfer own property to the state ownership without any charge, in the form of gift during 2004-2014, while in 2013-2012, 32 natural persons have expressed the same will. (style is preserved).
We would like to specify, that the project director requested information from the National Agency for State property Management about the number of citizens having appealed to the state for transmission of the property from the State and not vice-versa, while “Young Barristers” are talking about 5634 unit of properties transferred to the state ownership by the citizens without any charge. The same was stated by Mr. Bukia. Accordingly, we believe that the main issue is who gives up property, the state of the citizen for the state.
“Young Barristers” consider it reasonable to remind to the society about monitoring implemented by the organization. According to “Young Barristers”, on the basis of the information, obtained from the Ministry of Economy and Sustainable Development of Georgia, the tendency of property right concession to the State on behalf of the citizens, is obvious. Different kinds of properties were voluntary transferred from their owners to the Government by means of different legal agreements including gift contracts, concessions or abandonments. The results of the monitoring tell, that during 2004-2012, 369 properties were transferred to the State as a gift, without any charge and 1941 units - by abandonments and other legal means. Thus, the Government gained right to dispose of 2310 properties. Besides, the research shows, that, the citizens have voluntary given up the company shares and stocks to the State ownership 150 times and the State became the owner of 864 cars during 2004-2012 . In total, 5634 properties were transferred to the State during the period mentioned above.
According to the information, studied by “Young Barristers’, properties transferred to the State as gifts or abandonments, are especially met in the following municipalities: Gardabani – 477, Abasha – 116, Batumi – 97, Chokhatauri – 84, Khelvachauri – 76, Mtskheta – 65, Khoni – 48, and Tbilisi – 589. The organization has studied the situation for 2000-2003 as well. The study has also revealed, that only one case of the property concession is recorded during the period. It should be noted, that the information, transmitted to the organization , regarding given up estate properties, is fully provided with the periods of the property concessions, cadastral codes and addresses. As for the shares and the cars, only statistical information are given in this direction.
“Young Barristers” has also requested the following information from the Ministry of Economy and Sustainable Development of Georgia: how many citizens have given up their property to the State ownership by means of gifts or abandonments or other legal means during the period from October 1 , 2012 until 2014. The letter of response says, that, “information , in the National Agency of State Property, about the facts of property concessions to the State by the individuals, in the form of gifts, grants or other legal means, as well as the abandonments, which would be registered as the state property, is not available”.
According to “Young Barristers”, it cannot be unequivocally claimed, that all the properties, voluntary given up to the State ownership , represent the cases of property confiscations, benefits gained as the result of the influence over the citizens, as there is nothing , in the submitted information , about the reasons and motivations for the property concession in favor of the State. However, the main tendency, reflecting massive nature of the property concession on behalf of the individuals, is obvious. After October 1, “confiscated property” has become a term, indicating property rights violations on behalf of the Government during 2004-2012. There are no facts, proving , that, during 2006-2012,the citizens and private legal entities have voluntarily transferred their property or company shares to the State. Accordingly, here, the pressure on behalf of the Government, is easy to notice.
For more information: the organization “Young Barristers” requested public information regarding the issue from the Ministry of Economy and Sustainable Development of Georgia, on December 15, 2014. The National Agency for the State Property has fully provided requested information by December 31, 2014. By April 27, 2015, the organization has studied and analyzed the whole information submitted to it.
