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Article 42 of Constitution Presented Research of Regulation Law and Practice of Business Field

12.07.2012

On July 12, Article 42 of Constitution presented the Research of Regulation Law and Practice of Business Activities in Hotel Ambassador.

In the first part of presentation the organization summarized analyze of regulation legislative acts of business field and then the authors discussed problems of this field and worked out recommendations. In the second part of the presentation, the organization reviewed practice of tax and enterprise litigations and problems observed during the research.

Several significant issues were underlined as a result of the research, which create problems for entrepreneurs in the implementation free industrial activities.

 The research showed that there are a lot of obscure norms in the business regulation law, who can have various interpretation and very often entrepreneurs often face of threat of incorrect management and fines.

Besides that, evaluation of business regulation law, interviews with experts, workshops with the people working in this field and analyze of focus-groups showed that the law is written in a complicated language and majority of entrepreneurs cannot understand it. 

The organization believes that amendments to the tax law are often introduced in haste and limited terms that significantly hinders business management and in most cases lack of information about introduced amendments becomes ground of unwilling violation of the law.

As for the research of tax and industrial practice, the research showed problematic issues that creates unequal conditions for tax-payers in relation with tax agency. It violates the principle of compatibility between parties at the court. Namely, tax agencies, unlike tax-payers, are free from the obligation to pay judiciary fees and they can litigate all three instances without any payments that breach equality and compatibility principle between parties.

As for the enterprise litigations, the research showed that various courts have different approaches to the issue even when Supreme Court of Georgia has estimated common case law on similar issues.

Article 42 has been implementing Project “Advocacy for the Improvement and Implementation of Commercial Judiciary” since September 1, 2011.

The project was funded by Eurasian Partnership Foundation in the framework of Civic Initiative for Independent Judiciary which is funded by USAD and EWMI. The research was prepared in the frame of the abovementioned project.

Article 42 of Constitution

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