Court Did not Satisfy the Suit of Defense Ministry Against Soldier

Kutaisi Appeal Court did not satisfy the suit of the Defense Ministry of Georgia which requested to impose fine and reimbursement of the damage on the soldier.

According to the Supreme Court the Ministry appealed against the former soldier Kakhaber Nikabadze on September 22, 2008. According to the agreement between the parties Kakha Nikabadze was to work for the Armed Forces for 4 years.  If he breached the agreement, the soldier was to reimburse the sum that was allocated on him for the remaining period of time. For one year the fine was 14 000 GEL; for two years – 10 000 GEL and for three years it was 5 000 GEL.

At the first court instance the Defense Ministry requested to impose fine of 14 000 GEL and compensation of 2 618 GEL on the soldier. Samtredia district court decided to satisfy the suit of the Ministry partly and ordered the soldier to pay 612 GEL as compensation to the ministry that was spent on his nutrition.

Administrative Collegium of the Appeal Court considered that compensation requested by the ministry was groundless and did not satisfy the suit. The Court ceased discussion of the appeal as it was requested by the applicant. The decision of the Administrative Collegium states that the agreement between the parties does not list any responsibilities if a soldier breaches the contract before 1 year. Nikabadze served armed forces 8 months and then he was fired based on the resolution of the Minister for having breached the contract. Consequently, the Court concluded that there is no legal ground to satisfy the suit of the Defense Ministry.

Kutaisi Appeal Court discussed several tens of suits where the Defense Minister requested to impose fines on former solders.

Source: Interpressnews