About the need for the adoption of the special law on return of property expropriated during the political rule of the “United National Movement” and on award of compensation by the state in exchange for the loss of property / „ერთიანი ნაციონალური მოძრაობის“ მმართველობის პერიოდში უკანონოდ ჩამორთმეული ქონების დაბრუნებისა და ჩამორთმეული ქონების სანაცვლოდ სახელმწიფოს მხრიდან კომპენსაციის გაცემის შესახებ სპეციალური კანონის შექმნის აუცილებლობის შესახებ

Roin Migriauli

Abstract


The present arti cle deals with the questi on of the reparati on for the illegal expropriati ons during the politi cal regime of the „United National Movement“in Georgia in the years 2003-2012 .
In the first part of the arti cle the author briefl y and concisely tries to show the actual situation in Georgia regarding the issue of illegal expropriations by the state authoriti es. One stresses that during the political regime of the „United National Movement“ in the years 2003-2012 the property was taken away illegaly from private persons in favour of the state or third parties.
In all these cases the expropriati ons took place without or against the will of the respecti ve owner and without suitable legal basis.
From October 2012 - after the change of the politi cal regime in Georgia - some thousands of natural and legal enti ti es have turned to the public prosecutors and to the court with the desire of reassignment of the illegaly expropriated property, the compensati on(damages) or the conducti on of criminal investigations because of extortion, constraint etc. There are people concerned who state that the political regime of the „United Nati onal Movement“ took away the property of private and illegaly and without adequate compensation.
Nowadays the public prosecutors, as well as the courts deal with these legal cases, but there are some unavoidable problems for the plaintiffs or complainants concerning the legal penetrati on. It is about the fact that the criminal pursuit of respective criminal offences for juridical or actual reasons are not possible. Also the replevins of the plainti ff s are hopeless, because in most cases a credulous acquisiti on is given. In a whole, there have been made no essenti al changes of the situati on of the aff ected persons as before the parliamentary electi ons in 2012 promised. The “justi ce has not been restored yet”.

From the said follows, that there is a need for the protecti on of the rights of aff ected persons (repression victims) – it cannot be tolerated further that the affected persons cannot enforce their rights. Besides, the author concludes from the arti cle 21 of the Consti tuti on of Georgia (proprietary guarantee) that there is an constitutional obligation of the state to create a norm base which will allow either the reassignment of the property of aff ected persons or their fair and adequate compensati on.
In the second part of the arti cle the author discusses the respecti ve legislati on of the Federal Republic of Germany about the property issues concerning illegal expropriati ons by the state. The author discusses the historical background for the ammandment of the respecti ve german legislati on. Special attention is drawn to the concrete conditi ons of the proprietary reassignment claim and compensati on claim. The german model should, according to the author be valid as an example for the georgian legislator.
Eventually, in the third part of the article the author discusses in main features the possible contents and the possible structure of the law to be adopted by the georgian legislator.
At the end of the article the author stresses again the actual invidious and unconstitutional legal situation in Georgia and the necessity of the creation of a suitable legislation which should allow the reparation of respective kind – reassignment or compensation - to the affected person (repression victims).


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