The Parliament of Georgia prepares special recommendation for the Department to Investigate Offences Committed in the Course of Legal Proceedings of the Prosecutors Office of Georgia, on the ground of the legislative proposal submitted by Young Barristers. The decision was made during the sitting of the Human Rights and Civil Integration Committee of the Parliament of Georgia, when the latter was considering legislative proposal offered by the organization. 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 Barrister appraises positively objective approaches of the Parliament towards the legislative proposal and hopes, that the Parliament will submit its recommendation to the Prosecutor’s Office as soon as possible, which will be another very strong and important argument in favor of the property confiscation cases. The Parliament should clarify approaches, which will overcome legal deadlock facing those, whose property had been illegally confiscated - the statute of limitation doesn’t allow the citizens to protect their rights on property. Due to the fact, that the Committee didn’t support extension of the statute of limitation, on the ground of fundamental legal principals, Prosecutor’s Office effective engagement in the process will be decisive and subjective in the resolution of the problem.

“Young Barristers” notes, that political changes in October 2012 has raised an issue of restoration justice, for those, whose property had been illegally confiscated. The citizens, whose property had been illegally confiscated had change to argue their property back. Despite the fact, that many officials’ property had been declared as illegal on the groung of investigations conducted by the Prosecutor’s Office, yet, statutory terms make it impossible for the legal owners to claim their property back.  According to Young Barristers’ proposal, paragraph 4 of the article 426 of the Civil Procedure Code should have been edited, extending statute of limitation for reopening court proceeding on the basis of newly discovered evidences and abolishment of the court decision, from 5 to 15 years.  

“Young Barristers” has been working 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. On September 15, the Human Rights and Civil Integration Committee discussed the proposal and on September 29 it supported preparation of relevant recommendations with regard of the proposal.