Draft laws related to the reorganization of the Government was submitted to the Parliament

24 July 2018

(180th session of the Bureau)

1. The Government's initiative on the amendment to the “Law on the structure and authority of the Government” and to the accompanying 115 law was registered at the bureau:

  • The initiative envisages the existence of 1 agency of the Ministry of Defense;
  • The Ministry of Education and Science would join the Ministry of Culture and Sports and the new Ministry would be the Ministry of Education, Culture and Sport, considered as the successor of these two ministries;
  • Functions and powers of the Ministry of Penitentiary and Probation (except the function and powers of the Civil and Special Penitentiary Service, General Inspection, Local Councils and Psychiatric Commission of this Ministry) shall be transferred to the Ministry of Justice, Functions and powers of the Ministry of Penitentiary and Probation in the part of its functions of Civil and Special Penitentiary Service, General Inspection, Local Councils and Psychiatric Commission of this Ministry shall be transferred to the Special Penitentiary Service;
  • The functions and powers of the Ministry of Economy and Sustainable Development (spatial development) shall be transferred to the Ministry of Regional Development and Infrastructure;
  • The functions and powers of the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees (except for the fields of construction and rehabilitation services for the long-term housing of IDPs, migration and the fields of international protection and direction of repatriation) and the functions and powers of the Ministry of Labor, Health and Social Affairs shall be transferred to the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs. The function of the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees relating to the construction and rehabilitation services of long-term housing for IDPs shall be transferred to the Ministry of Regional Development and Infrastructure. The fields of migration and international protection shall be transferred to the Ministry of Internal Affairs of Georgia, and the field of repatriation to the office of State Minister of Georgia on Reconciliation and Civic Equality.

Financial justification:

In the explanatory note the initiative states: "As a result of the adoption of the draft law, the new structural funding of the government will continue to be covered by “The assignments of the 2018 state budget." Considering the draft, the main functions of the existing agencies remain unchanged in the new structure of government and furthermore, appropriate resources are needed to guarantee their proper operation. In addition, it should be taken into consideration that with the optimization of the departments, the process of reduction of future expenditure on bureaucracy would continue. Management costs of fiscal indicators shall maintain a falling trend in real expression, including the reimbursement for remuneration to the Gross Domestic Product by 3,9%.
 

See further information on:  https://info.parliament.ge/#law-drafting/16062

2. Legislative proposal of non-governmental coalition "Independent and Transparent Judiciary" was registered at the Bureau regarding the selection / appointment of judges.

See further information on: https://info.parliament.ge/#law-drafting/16182

3. The legislative proposal of the High Council of Justice on amendments to the Juvenile Justice Code was registered at the bureau

  • The proposal envisages the provision of free legal aid to a juvenile accused/witness at any stage of criminal proceedings, if hiered lawyer does not participate in the proceeding.
  • The date of entering into the jurisdiction of the right to free access to free legal aid of the juvenile accused/witness was determined by 1 January 2020.
  • The proposal also envisages the aspects of monitoring of the juvenile case trial in court, the rule of which is determined by the High Council of Justice.

See the proposal on:  https://info.parliament.ge/#law-drafting/16065

4. The initiative of the Members of Parliament (K. Kuchava, Z. Khutsishvili, E. Machavariani, G. Samkharauli) on the Red List and Red Book and the amendments to the accompanying laws was registered at the bureau. The aim of the initiative is to fulfill the obligations defined by the Convention on International Trade in Endangered Species of Wild Fauna and Flora. According to the initiative:

  • The provisions of export, import, re-export, transit and sea introduction of samples of the species are included in the annexes of the convention, as well as such specimens are determined by the terms of trade in the territory of the country. The rules and conditions for the issuance of the license and certificates of origin shall also be determined.
  • Responsibilities for violation of the requirements set by the draft and the ranking of penalties according to sample groups shall be defined.
  • Criminal liability shall be determined in case of the Organized Group on the occasions of the illegal export, import, re-export and sea introduction of species, parts and derivatives of the Convention (CITES) (imprisonment up to 2-4 years).

 See the initiative on: https://info.parliament.ge/#law-drafting/16061

5. The draft of resolution initiated by the Faction "Patriots of Georgia" was registered at the bureau - "Recognition of a criminal regime of “National Movement” Saakashvili-Bokeria in Georgia.”

See the draft of resolution on: https://info.parliament.ge/#law-drafting/16050

6. The initiative of Giorgi Tugushi and Irakli Abesadze on the amendments to the Criminal Procedure Code was registered at the bureau. The reason is the absence of sufficient legal leverage of the victim. According to the initiative:

  • In case of demand, the victim shall have the right to access the materials of the criminal case and to be provided with the copies of the criminal case materials if it does not contradict the interests of the investigation.
  • The victim shall also be entitled to get acquainted with the materials of the criminal case and receive copies after the investigation is completed or if the case is in court, regardless of the court instance.
  • The victim shall be entitled to appeal to the District (City) Court according to the place of investigation due to the prosecutor's refusal to access the materials of the criminal case and to be provided with the copies on the occasions of any sever crimes.

See the initiative on: https://info.parliament.ge/#law-drafting/16051

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