On September 15, 2015, the Human Rights and Civil Integration Committee of the Parliament of Georgia will consider legislative proposal related to property confiscations prepared by “Young Barrister”. New legislative proposal will extend statute of limitation for reopening court proceeding on the basis of newly discovered evidences and court decision abolishment from 5 to 15 years.   

“Young Barristers” appealed to the parliament with new legislative proposal, which ensures effective implementation of justice on the cases referred to the properties, confiscated during 2004-2012. The organization urges, on the basis of the legislative proposal prepared by “Young Barristers” relevant amendments to the Civil Procedure Code of Georgia should be made. In particular, paragraph 4 of the article 426 of the Civil Procedure Code should be edited. According to the current legislation, although citizens are legally entitled to appeal to the court in order to return confiscated property, yet, in most cases they face legal blind alley because of the statutes of limitations for reopening the case after abolishing it.  

New legislative changes will give real opportunity to the citizens, whose property had been confiscated to appeal to the court and factually have a chance to recover violated rights. Implementation of such an amendment would be a step forward to establishing justice and rule of law. The cases will be considered again, from the very beginning and the court will make a new judgment on the specific case, rather than appealing to the principle of common approach towards those, whose property had been confiscated. The organization believes, that 15 year statute of limitation for reopening court case is a reasonable term. 

“Young Barristers” notes, that political changes in 2012 has raised an issue of restoration justice, for those, whose property had been illegally confiscated and if not the 5 years term statute of limitation, existing in the legislation, many of them would have had real chance to restore their rights for now.

“Young Barristers” works on the legislative proposal since March 2015. While preparing draft proposal, the organization got acquainted with Swiss, French, Russian, Ukrainian, Latvian and Estonian law in this direction and based its draft proposal on the best practice regarding the issue. We would also like to note, that this is the second legislative proposal already initiated by “Young Barristers”. We assume, that it will be possible to enforce the proposal by November, 2015.