Several Recommendations for Effectiveness of Execution of Justice / რამდენიმე რეკომენდაცია მართლმსაჯულების აღსრულების ეფექტიანობისათვის

Zurab Chkonia

Abstract


This paper analyses some problems and meaning of the judicial enforcement, in the view of legal aspect as well as in social-economic aspect.
As a result of this research it is concluded that Georgian judicial system has a lot of blanks, also in terms of the enforcement.
In the modern, in light with the world economic crisis, considering the high significance of the judicial enforcement, enforcement disputes, as well as specificity of insolvency disputes and overload of the judiciary, dealing with such kind of cases it is recommended to introduce position of the “enforcement judge” and development of proper boards and chambers in order to apply the principle of legality and raise effectiveness of the enforcement. The “enforcement judge” would hear only those cases which are evolved from enforcement disputes, insolvency cases, according to civil as well as administrative procedures, with regard to the subject of the dispute. That will assemble the legal interests and protection of the rights in one system.
The framework of Fair Trial will consist not only from decision making, but also from the responsibility to enforce the decision. That will promote the proper protection of human rights and improvement the atmosphere for investments, thus the development of industry, which will positively affect development of country’s economy and will raise the effectiveness of justice and increase faith and respect from the public toward judiciary.


Keywords


justice; court; enforcement;

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