BAGs Special announcement about the draft law of Police eviction

28 Oct '15

BAG believes, that the Legal Issues Committee of the Georgian parliament has totally ignored the arguments and the critical position about Police Eviction draft law of non-governmental organizations and financial institutions, resulting in the adoption of the draft law is scheduled by the third reading for today.
As BAG announces, the legislative amendments unjustifiably and disproportionately restrict the right of owners to defend their property effectively from unlawful and interference. By the proposed legislative amendments the role of real estate property registries and registry presumptions of correctness will be diminished because although registered property rights, in every contentious case, the owner will be forced to defend his right to address the court, and this is associated with certain financial and most importantly - time expenses.
The amendments will reflect on the real estate market, will increase the availability of mortgage loans and complicate access to them.
Not only Business, but also individuals who have the ownership of the real estate to gain financial interest will face difficulties by proposed legislative amendments.
We think it is worth emphasizing that by the Article 21 of the Constitution of the State is obliged to establish and maintain a judicial system that provides effective protection of property rights, which includes the existence of effective mechanisms for the prevention of interference with property rights enforcement.
Therefore we believe that legislators must take into account the results of the consultations with the business sector and take into account and make rational decision to avoid weakening the guarantees of property rights and the deterioration of the business environment.