Web Portal on Human Rights in Georgia

Article 42 About Damage of Entrepreneur Due to Absence of Legislative Norm

Nongovernmental organization “Article 42 of Constitution” speaks about damage of an entrepreneur due to lack of legislative norm. On June 29, board chair of the Article 42 Tamar Gabisonia said at the press-conference that individual entrepreneur Gia Kheladze had legally imported pneumatic weapon into Georgia but since September of 2011 he has been requested at the Custom Office to provide document which would prove that the import of the mentioned goods does not breach domestic law.

Tamar Gabisonia clarified that Kheladze could not provide the requested document because Georgian legislation does not yet list those weapon which are allowed for public circulation.

Gabisonia said Kheladze had petitioned to the registration division of the Revenue Service and requested to excise his goods but he was refused to register pneumatic weapon because indicators of weapon for public circulations were not worked out yet. Article 42 appealed to the Tbilisi City Court regarding this fact.

The Organization requested the Court to order Revenue Service to excise Kheladze’s goods.

“Last year, Georgian National Agency of Standards, Technical Regulations and Meteorology had to work out main technical indicators of pneumatic weapon and aerosol equipments which will be allowed for public circulation. The deadline for implementation of the abovementioned obligations expired in October of 2010 but it is still unclear when the parameters will be worked out,” representatives of Article 42 state.

The Organization believes it is inadmissible to damage a person only because of administrative body, which did not implement its duties. Organization representatives state the Tbilisi City Court has discussed their suit and partly satisfied it.

The Court annulled the resolution of the Revenue Service, in which they had refused the Article 42 to satisfy their request; however, the organization representatives state the disputable issue was not resolved yet and the Revenue Service was not ordered to carry out requested activities.

Article 42 intends to appeal to the Supreme Court and will request the latter to order the RS to excise Kheladze’s goods.


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