Members of the BAG Getting Familiarized with the Basic Draft of Constitution Developed by the State Constitutional Commission

13 Jul '10

Chairman of the State Constitutional Commission, Avtandil Demetrashvili, Secretary of the Commission, Tengiz Sharmanashvili and Head of the Working Group for Policy Analysis and Forecasting, Soso Tsintsadze visited the Business Association.
The objective of the meeting was to present new basic draft of Constitution to the businessmen and review overall progress of the constitutional reform.
Chairman of the Constitution, Avtandil Demetrashili informed the businessmen about the key principles of the new draft of Constitution. According to him, the developed document is qualitatively new stage in the Georgian reality. Pursuant to the draft submitted, Georgian state system is some transitional model between presidential and parliamentary republics where the president, unlike presently existing model, is significantly limited in his/her powers and due to this the duties and roles of legislature and government strengthen. The right to staff (as well as vote of no confidence) the government in agreement with the President will be transferred entirely to the Parliament. In consideration of these provisions, new draft constitution is more inclined to parliamentary governance model.

The draft provides for certain novelties in terms of increased independence of the judiciary as well. Namely, appointment of judges for indefinite period of office is foreseen. 
Separate chapter is dedicated to the provisions regulating local self-government, according to which the role of self-governing institute strengthens.

The draft constitution provides for certain amendments in terms of enhancing ownership right; namely, as per Article 21, Property ownership rights and inheritance rights shall be declared and inviolable. Restriction of this right is permissible for the purposes of society needs only in cases prescribed under the law and in a manner to prevent violation of fundamental rights of ownership. Another novelty is that forfeiture of the private property is permissible only under the condition of advance, full and just financial reimbursement. The amount of reimbursement may not be less than forfeited property's fair market value. The Reimbursement is exempted from any taxes and fees.

The first Vice president of the Association Geroge Isakadze added that it is imporant for the business to know the details defining country's future political life. He supported the amendments foreseen by the new draft in terms of strengthened guarantees of ownership inviolability.

At the end of the meeting, the parties agreed on cooperation. Chairman of the State constitutional Commission expressed Commission's readiness to review the comments made by the BAG.