Topic of my paper is Real Estate protection in Georgian Republic, and I will observe the ownership right in scope of Protocol 1 Article 1 “Property Protection”. By Article 1 “Every natural or legal person is entitled to the peaceful enjoyment of his possessions”. In the statement possessions we can consider everything of economic value, phrase “possessions” is very huge by its contents and I will limit my inquest to real estate, so my point of inquest is the protection of real estate in Georgian Republic. Paper comprises elucidation of problems regarding protection of the right to property in republic of Georgia, which arose after the governmental shift and draws the subsisting situation concerning violation of ownership rights entitled by the Protocol 1 article 1. The paper also includes cases in which ownership rights were breached.
In 2003 in Georgia happened Rose Revolution which by its side evoked the total governmental shift, total governmental shift means that everyone who was governing and reining the country became persecuted by the new government and the policy of new rulers became a great threat for their possessions, Thousands of private property were demolished and assigned to the state. The number of cases in which private owners granted their property to the state without reimbursement has increased. Bodies which should guarantee the inviolability of property breached the fundamental right.
Table of Contents
Preview
Ownership Right in General
Article 1. Protection of property
History:
Georgian Republic
The development of Georgian legal system
Legislation ensuring ownership rights/ Theoretical democracy
National Legislation
International Obligations
The obligation of protection
“Good Laws” working in the real life or “Inter arma enim silent leges”
State and citizens
Cases:
Case of Ltd “Comercanti 95”
Nodar Maisuradze’s case
Zurab Talakhadze’s Case:
Irina Nergadze’s Case:
Tabukashvili street 50/52 tenant’s case
The Case of Garages in Dighomi and Batumi
The Case of Marina Bochorishvili
Davit Asatiani’s Case
The case of company “Nia Ltd”
The Case of a trading centre near the Tsereteli Metro Station
The Case of Lasha Morchiladze
“Orkidea Ltd” “Merry Time Ltd”
Other Cases on deconstruction
Santa Claus Time
Gocha Lomidze’s case
Gela Bezhashvili’s Case
Jemal Tsiklauri’s Case
Santa’s List
Massive Deprivation
Resolution 07.01.205
Case of Dodo Giorgadze
Conclusion
Research Objectives and Themes
This paper examines the protection of real estate property rights in the Republic of Georgia, specifically focusing on the breach of these rights following the political shifts triggered by the 2003 Rose Revolution. The work analyzes how governmental policies have led to the widespread infringement of private ownership and explores the disconnect between theoretical legal protections and the reality faced by property owners.
- Legal framework of property protection in Georgia versus international standards.
- Governmental mechanisms for property deprivation and demolition.
- Case studies of unlawful property seizure and procedural violations.
- The role of the state as both the theoretical guarantor and the actual threat to property rights.
- The ineffectiveness of legal recourse for victims of state-sponsored property infringement.
Excerpt from the Book
Aslan Abashidze’s Case
Vast number of property were simply confiscated, the biggest confiscation that ever happened in Georgian Republic was confiscation of former Adjara Autonomy’s president’s Aslan Abashidze’s possessions, the official value of confiscated property, which includes fashionable apartments in Batumi and Tbilisi, private houses in Ajaria, real estate, banks, is 99 million US dollars, but unofficial reports place the amount much higher. The property was confiscated immediately after Abashidze’s resignation the authorities announced that all movable property such as art, computers, expensive cars and Hummer vehicles would be sold at auction and the proceeds would go to the state.
However, not only has no auction been held, but a large amount of the confiscated property seems to have gone missing. Many fear that officials have appropriated the items for themselves. Abashidze’s lawyers appealed to Georgia’s constitutional court, putting the case that the Georgian criminal code contradicted the constitution on the issues of inviolability of property and presumption of innocence. However, the court rejected the claim. . In a last-ditch effort, Abashidze’s legal team has put the case to the International Court for Human Rights in Strasbourg.
Summary of Chapters
Preview: Outlines the research focus on real estate protection under Protocol 1 Article 1 of the Human Rights Convention within the context of Georgia.
Ownership Right in General: Defines the legal scope of "possessions" and the rights of natural or legal persons to peacefully enjoy their property under national and international law.
History: Provides a historical overview of Georgia's political transformation, from Soviet annexation to the Rose Revolution and the subsequent development of its modern legal system.
Legislation ensuring ownership rights/ Theoretical democracy: Analyzes the national and international legal framework that theoretically guarantees property rights in Georgia, emphasizing the Constitution and ratified conventions.
“Good Laws” working in the real life or “Inter arma enim silent leges”: Explores the contradiction between the existence of sound property laws and the reality of state-led infringement.
Cases: Details specific instances of property rights violations, including illegal demolitions and forced transfers of assets to the state.
Santa Claus Time: Documents the systematic trend where property owners were coerced into "gifting" their assets to the state under duress.
Massive Deprivation: Discusses the legislative and administrative strategies used by authorities to invalidate earlier grants of residential spaces to vulnerable citizens.
Conclusion: Summarizes the critical state of property rights, arguing that the judiciary and state institutions have largely failed to protect citizens from governmental pressure.
Keywords
Property rights, Georgia, Rose Revolution, Human rights, Real estate, Confiscation, Demolition, Legal system, Sovereignty, Ownership, Judiciary, Public Defender, European Convention, Forced transfer, Constitutional Court
Frequently Asked Questions
What is the primary focus of this research?
The work investigates the systemic violation of real estate property rights in the Republic of Georgia, particularly in the period following the political changes of 2003.
What are the central themes of the paper?
The central themes include the discrepancy between constitutional property guarantees and state practices, the use of administrative procedures to seize private assets, and the failure of judicial protections.
What is the core research goal?
The goal is to observe the current situation regarding property rights in Georgia, identify the patterns of violation, and highlight the lack of effective legal remedies for affected property owners.
Which scientific methodology is applied?
The author uses a qualitative approach, analyzing normative legal acts, constitutional provisions, and a series of specific case studies to demonstrate the prevalence of property rights breaches.
What does the main body cover?
The main body covers the legislative framework, historical context of the post-revolutionary government, detailed case studies of property seizures, and the categorization of different methods used for property deprivation.
What are the defining keywords?
Key terms include property rights, Rose Revolution, governmental infringement, legal system, and state-sponsored deprivation.
How were property owners coerced in the "Santa Claus" cases?
Owners were often forced under threat of legal or physical pressure to sign "deeds of gift," transferring their valuable assets to the state without any compensation.
What role did the City Hall play in the cases described?
Tbilisi City Hall frequently used resolutions to invalidate previous ownership documents or carry out illegal demolitions under the guise of urban development and "city interests."
- Quote paper
- L.L.M / European and International Law George Taliashvili (Author), 2008, The Real Estate Property Protection in Georgian Republic, Munich, GRIN Verlag, https://www.grin.com/document/119528
