Law
Unethical behavior and disciplinary liability
05 April, 2012
Unethical behavior and disciplinary liability

(continued)

Judge  Lasha  Kalandadze continues answering our questions on the details and procedures of protecting and realizing civil rights and freedoms in court.

 

NBR – Could you please describe for us the most important procedural details?

L.K. – Firstly, a claim is subject to verification in terms of its admissibility – court needs to verify if a claim could be accepted for court discussion or not. According to the l

ately adopted amendments to the Civil Procedure Code of Georgia, formal (technical) admissibility of a claim is checked by the chancellery of court (court staff). As for the verification of the legal admissibility of a claim, it is merely within the judge’s direct competence. And now, court staff assists and explains to plaintiff how to present to the court a technically relevant and appropriate claim, including legally determined details and nuances of the claim. Current statistics shows that after having made abovementioned amendments, approximately 90 to 95 percent of the submitted claims are formally (technically) relevant. Surely, that is the result both of the reasonable amendments and of the good and legally pertinent operation of the court staff.

NBR – Is that the only amendment made to the Civil Procedure Code?

L.K. – No, it is not. There have been made several amendments to the Civil Procedure Code, directed towards fruitful and productive operation of a civil judiciary. For example, our legislation introduces the so-called institution of servicing the civil process, meaning the exchange of pleadings (claims, counterclaims) and other papers between a claimant (plaintiff) and a defendant. According to our functioning law, if a claimant is a legal person or is a natural person but has a legal representative or lawyer, there is an obligation imposed upon a claimant for handing the claim and other papers to the defendant by E-mail, post-office or courier service. It is also mandatory to the defendant to deliver a counterclaim and other documents to the plaintiff. It should be noted that plaintiff operates more effectively that way because his/her primary interest and goal is a timely administration of justice, and therefore tries to the utmost to deliver the court documents to another party in order to give a judge an opportunity of starting consideration of a case in as good time as possible.

NBR – What are other benefits of that amendment that might deserve our attention?

L.K. –Our Civil Procedural Law in force envisages specified time for consideration of a case in aforementioned circumstances (in case of delivering court papers to another party). For instance, one and a half months instead of two months and for the legally complicated civil cases three and a half months instead of five months. I simply wanted to add that there are no obligations for delivering court documents of those claimants who are free from court fees. In such situations, the court provides for handing the papers to the disputing parties. It should also be said that in compliance with Georgian legislation, every claimant (plaintiff) can voluntarily use and exercise specified time for consideration of a case. And practice shows that it is not a rare situation.

NBR – Does the Civil Procedure Code determine the period of a time for consideration of a case?

L.K. – Yes, It does. Our civil procedural legislation envisages a time-frame for considering of a civil case as well as procedure and terms of revising of a judgment. For example, usual period of a consideration time is two months, but in special and complicated civil cases that term could be prolonged up to five (maximum) months by a judge’s decision. Labor, alimony, bodily and health injuries and pecuniary damage (caused by death of a bread-winner) cases should be deliberated in a month’s time. There are the same time frames in appeal courts. As for the cassation court, admissibility of a case must be examined in three months and the next three months is envisaged for considering a case on its merits. Georgian judiciary makes every possible effort to ensure the timely administration of justice because every event of infringement and ignoring of human rights and freedoms requires immediate and speedy reaction and response for achieving the full and comprehensive realization of legitimate interests. In my personal opinion, justice is effective when it is operated and administered in good time.

Print
PHOTO OF THE DAY
Exchange Rates
GEL Exchange Rate
Convertor
18.09.2018
19.09.2018
USD
1
USD
2.6156
2.6156
EUR
1
EUR
3.0498
3.0498
GBP
1
GBP
3.4259
3.4259
RUB
100
RUB
3.8379
3.8379