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What Endows With the House of Pupil-Youth of AkhalGori – the Act of Officials or the Demand of Law “about Occupation”?

December 14, 2009

Saba Tsitsikashvili, Gori

Tamar Mearkishvili, the director of Pupil-Youth House in Akhalgori states that Akhalgori Municipality Board persecutes her with the political sign. She sent letters to all corresponding structures of Georgian government- MIA, Regional Development and Infrastructure, Integration, the ministry of Culture, Monuments Protection and Sport, also she applied to the public defender and the representative of EU in Georgia. Precisely - Per Eklund, the head of EU representation in Georgia.

The Pupil-Youth House in Akhalgori, as the institution of  before school or without school, was abolished after events of August 2008. Tamar Mearkishvili was charged to register the organization again. Mearkishvili says that they generally employed people in the organization, but in fact they did nothing.

Tamar Mearkishvili clarified us the problem:”The house was registered again on September 25, 2009 in the tax inspection of Gori. Regulations were affirmed by Municipality Board of Akhalgori with notary Mariam Kobaladze. The City Council locates in Tserovani. I had to go to the municipality board of Gori, which is in Tserovani, because of my official issues on October 9.The governor of municipality board, Zurab Pitskhelauri, was not there. I met Valodia Shermadini, the deputy governor of municipality board. He said that they got warning to name Akhalgori as the place of the house. They got the warning. I do not know who warned them, but Shermadin Valodia showed me the law “About Occupation” and indicated me the sixth article. I considered this explanation as not enough and erroneous and I requested the document, which would affirm that the municipality got the warning”.

Despite several requests, the municipality of Akhalgori did not show any kinds of documents to Tamar Mearkishvili. According to Tamar Mearkishvili, Valodia Shermadini told her that it was mistake to appoint her on the post of director.

“As if I should be appointed for a term of three months, after that they would announce a competition on the post of director. Shermadin told me that he was talking on the instruction of governor of municipality board, Zurab Pitskhelauri,”-says Tamar Mearkishvili.

As it turned out, Tamar Mearkishvili met Zurab Pitskhelauri on the same day. Pitskhelauri said him that they should immediately change the juridical address of Pupil-Youth House, or it should be Tserovani instead of Akhalgori.

“Besides this, Pitskhelauri told me that he should choose the employees within the next year. We will reestablish the Georgian jurisdiction in Akhalgori and I need my people there. He also told me that if someone stayed in Akhalgori to work, they would not get the salary after January. In this case, the nursery schools would not get the salaries, which are working there nowadays too. It is truth that there is few contingent, but they still continue to work”, - says Tamar Mearkishivli.

Zurab Pitskhelauri informed Tamar Mearkishvili by letter that the registration of Pupil-Youth  House in Akhalgori opposes the demand of the first item of sixth article of Georgian law “About Occupied territories”. Precisely, the law shows that any economic activities are forbidden on the occupied territory. Despite the fact that, it carries out to get income or compensation, if this kind of activity, according to Georgian legislation, needs license or permission, authorization or registration or agreement, when it does not exist”.
 
Tamar Mearkishvili categorically refuses that Pupil-Youth House carried out economical activity.

According to lawyers, at first, it is necessary to clarify what economic activity means. Tamar Mearkishvili applied to the Young Lawyers Association to explain the terms. They told her that the law about occupied territories does not clarify the term. Correspondingly, according to the first part of 13th article of Georgian Tax Code, “Economic activity is any kind of activity, which is carrying out to get income or compensation, despite the results of the activity”.

Tamar Mearkishvili thinks that, non commercial juridical person; “Pupil-Youth House” does not carry out the economic activity and the regulations of the organization shows it, which was affirmed by Municipality Board of Akhalgori.

“Pupil-Youth House does not fulfill any kind of economical activity, which carries out to get income and compensation. The children do not pay anything and teachers got only salaries and the do not get any other income or compensation”, stated Tamar Mearkishvili.

Pupil-Youth House has not already got salaries for three months. The director considers that it happens purposely.

Human Rights Centre connected with the Regional Administration of Mtskheta-Mtianeti to know how they reacted on the statement of Tamar Mearkishvili. According to Lali Khuberashvili, her statement was sent to the municipality board of Akhalgori and they do not get answer yet. As we turned out, Tamar Mearksihvili sent statement to Tsezar Chocheli, the attorney of president, in October. More than a month passed after that, but neither the author of statement nor the governor got the answer from the head of the municipality board.

The press centre of Mtskheta-Mtianeti regional administration connected us to the governor of Akhalgori, Zurab Pitskhelauri. According to him, Tamar Mearkishvili makes wrong statements:” I told her that according to the law” about occupation “, it was impossible to be the institution like Pupil-Youth House on the occupied territory. This organization is confirmed by the city council. It follows from that, we should control the organization. We could not enter Akhalgori, so it is impossible to control the house. They did not get salaries, because she did not bring the documents to the municipality board. She makes it artificially”.

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