Unexecuted Court Decisions

Unexecuted Court Decisions

In most cases governmental organizations refuse to pay money ordered by a court decision. The decision that allows people to receive remuneration for their violated rights remains on paper and is not executed. According to statistics, public organizations fulfill court decisions in only 4 % of the cases.

From January 2005 onwards, the number of appeals concerning the non-execution of court decisions at the Public Defender’s office has been rising. In most of these cases, the defendant is a state organ. The number of such appeals reached 1500.

“I have a court decision, I asked different people for execution but without result. What was the sense of running to the court and putting so much effort if the decision is not executed anyway?” – Said Shota Tevzadze, former employee of the Ministry of Environmental Protection, who is trying to get his unpaid salary from the year 2000. 

The Public Defender’s office states that public organizations almost always refuse to pay money obliged by court. Adding up to that, the Executive Department is not trying to execute the decisions as it does not want to damage the state budget.

The Executive Department of the Ministry of Justice denies the existing problems and states that their policy toward official organs is the same as towards private organizations. “For three months since I occupy this post I did not have any problems with execution. We take money in the same way from public as from private organizations. After non-payment of the money ordered by court, we immediately cut the money from the account of the debtor.”  -said Zurab Elisabedashvili, the Acting Head of Executive Department.

According to the law, if a court decision exists but not executed, the executor is obliged to cut the money from the account and in this way fulfill the creditor’s demands. With regard to state organizations nevertheless, this law is only formal and little applied.

In 1998 during a special operation in Svaneti, the house of Rigoleta Kvitsiani was burned. According to the court decision the Department of Border Security had to pay 60 000 GEL. In spite of the existing court decision, the family could not get money for 8 years. On December 2005 they were paid part of this money. “I contacted the Minister, Deputy Minister and practically all from the Executive Department for this purpose. I also had another problem, my house in Tbilisi was bailed and I had to clear it. Thanks to the money that I received I was able to stay for longer” - said Rigoleta Kvitsiani.

The executors were “successful” in depriving her of her house after non-payment, if not this money that was provided last minute, she would become homeless. The executors have little problem with taking money from private persons but not from budget organizations.

The government denies the existence of a problem in this sphere, but the fact is that the State owes 45 million GEL to various creditors. Most cases discussed in the courts concern people who are deprived of their jobs. Whether there is any use of waiting for the decision is a question apart…

Anna Chhkaidze