Law
Unethical Behavior & Disciplinary Liability
29 March, 2012
Unethical Behavior & Disciplinary Liability

(continued)

Judge Lasha Kalandadze is today answering our questions on the details and procedures of observing and realizing the civil rights and freedoms in court.

 

NBR – Could you, please, briefly comment on the regulations of initiating litigation in case of breaching the human rights and freedoms?

L.K. – I can certainly try. According to our functioning civil procedure code, every person – natural and legal – has the right to refer to court for observing and realizing legally recognized and granted

rights and freedoms in case of their violation or ignorance. It should be noted that our legislation determines rules of submitting claims, counterclaims, factual and legal opinions, arguments, motions, etc. to court, but it is most significant to exercise these procedural rights with the adversarial system of justice on mind which, in my personal opinion, represents one of the most important sources of achieving the called-for results in litigation.

NBR – What do you mean under the adversarial system of justice?

L.K. – In adversarial system of justice each party to a dispute has the direct responsibility for finding and presenting facts, arguments, positions. And a judgment as such may be based on the evidence, submitted to court merely by the disputants. Thus, success in litigation is in hands of disputing parties, depending only on their activities and attempts to present, support and advocate legitimate interests in a trail. Therefore, parties must feel and even exercise the responsibility and respect towards their rights and freedoms, and subsequently, be presented before a judge in a better prepared and organized fashion. Meanwhile, we take definite steps forward to develop and enhance public awareness and understanding of the adversarial system which will surely promote our society in terms of comprehensive protection and realization of legal interests.

NBR – Does the adversarial system of justice operate only in civil cases?

L.K. – No, it does not. Besides civil cases, the adversarial system of justice is also used in criminal cases. As for administrative cases, in compliance with our legislation, they are accompanied by a form of inquisitorial justice: a judge has an examining and inquiring role – primary responsibility for supervising the process of gathering evidence, necessary to resolve a case.

NBR – Could you please explain the details of filing a civil claim to court?

L.K. – The Civil Procedure Code of Georgia determines the content of civil claim (lawsuit) in details. Regardless, the High Council of Justice has worked out a form of claim, including not only components and elements of the claim but also certain brief comments on them to assist a claimant (plaintiff) in drawing up his/her demands and position. Undoubtedly,   the realization of legal interests in litigation is made more accessible and reachable that way.

NBR – How about the other side? I mean the protection of defendant’s legal interests.

L.K. – Our legislation in force ensures equality of parties to a dispute before the law and before the court. Accordingly, there is also a form of counterclaim, defined by the HCJ, which guarantees relevant and appropriate protection and advocacy of defendant’s rights. Actually, besides provisions of civil procedure code, there are various methods and means providing parity of parties in litigation as well as proper opportunity to present their rights and interest before court more efficiently and productively. But I simply wanted to add that it will be useful for parties to a dispute to make a better use of their rights by means of obtaining and exercising a service of a lawyer during litigation. It should also be noted that in certain cases our country contributes and grants free usage of a lawyer by special programs. Finely, I would like to emphasize that the amendments, made lately to the Civil Procedure Code of Georgia are directed towards (and intended to realize) well-timed and effective administration of justice

(to be continued).

 

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