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Economic Minister anti dumping law is not a panacea

by Economic EnvironmentLatest PostsLegal EnvironmentNewsSocio-Cultural Environment

The anti-dumping legislation was developed, however this law is not the only solution. Dimitri Kumsishvili, Economic and Sustainable Development Minister believes.

He noted that, in connection with the anti-dumping law opinions differ. “I privately think, we need to discuss this publicly and only after this the decision should be taken. The anti-dumping law is developed in frames of the World Trade Organization’s rules. Notwithstanding this, all should take into account, this legislation is not a panacea. We developed this law obviously not for the purpose to fight with the import, or to preserve one-sidedly only the local production. This legislation must preserve the country only in a case of dumping. And the dumping needs to be detected and approved, “- Kumsishvili tells.

Implementation of the European Convention on Human Rights in Georgia

by business climateBusiness EnvironmentBusiness SupportEconomic EnvironmentInternational EnvironmentLatest PostsLegal EnvironmentNews

An international conference will look at the impact that the European Court of Human Rights has on the life of ordinary citizens, discuss the execution of the European Court’s judgments in Council of Europe member States, including Georgia.

Moreover, it will highlight the role that national institutions in Georgia play in ensuring the effective enjoyment of the Convention rights in the country, preventing and rectifying violations, in line with the principles of subsidiarity and of shared responsibility underpinning the whole Convention system.

In particular, Georgian and international speakers will look at existing domestic remedies, the way draft legislation is assessed vis-à-vis their compatibility with European standards, and how the Convention is integrated in the training of legal professionals. The respective roles of state institutions and civil society will also be discussed.

The Conference in Tbilisi will involve the Ministry of Justice and the judiciary, training institutions, civil society, as well as international experts. Mr Philippe Boillat, Director General of Human Rights and Rule of Law (DG1) will participate in the Conference on behalf of the Council of Europe.

The conference organised under the joint programme between the European Union and the Council of Europe “Application of the European Convention on Human Rights and harmonisation of national legislation and judicial practice in Georgia in line with European standards” is to take place in Tbilisi.

Source: pjp-eu.coe.int

Right hand cars vs regulations

by Legal Environment

Appearance of right hand drive cars in Tbilisi streets seemed somewhat extraordinary for most of us. Scepticists believed that driving similar cars was impossible for the public unspoilt by the novelties, while others, less bigoted, were eager to accept the diversity and soon the city was full of cars imported from Japan. Nobody felt perturbed by the novelty up to the moment when the government announced the presumptive ban on car import from Japan from the following year. The government decision triggered controversial results. Part of the public, along with the experts, hailed the initiative binding it with the necessity of providing human security, while the other part protested strongly against the governmental decision, setting social network and media a buzz.

Among the first to respond the issue at social network was the member of new political centre – Girchi – Zurab Japaridze. “The ban will yeld contrary result”. Later the New Political Centre voiced strong argument as a proof of their stance. “In December 2011 European Commission petitioned the Justice Court of the European Union , requesting from the court to provide a proof that Ban on import of right hand drive cars by Poland and Lithuania contradicted article 2a of June 8 1970 EEC Executive Order and article 4(3) of EC executive Order of September 5 2007/46/.

European Commission stated that if the vehicle satisfies the requirements of European Safety its safe movement is possible in every member state whether with right or left hand traff ic. The Commission accordingly believed that a ban on right hand drive cars contradicted the public interest, in regards with the provision of public safety.

Legal Regulations for Business

by Business EnvironmentLegal Environment

Giorgi Tsertsvadze, an Associate Professor of the Law Faculty of TSU, a Manager and a Partner of the juridical company G&T Consulting about the legal environment for starting business in Georgia.

Legislation, regulating the establishment and farther functioning of a company, has been changed several times in Georgia. Especially noteworthy is the reform, carried out in 2008, which has fundamentally altered the Law on Entrepreneurs. Today, the Law functions in the same pattern. However, as it is already known to the juridical community, in the beginning of 2014, a commission was created, the function of which was the regulation of the Law on Companies in Georgia. The commission includes such professional lawyers as Prof. Lado Chaturia, Prof. Giorgi Jugeli, Prof. Irakli Burduli… Their legislative project had already been discussed by the Ministry of Justice. Soon, it will be presented to the Parliament. I have talked to the project authors and, as a theorist and practicing lawyer in the Business Law, I am absolutely gratified with the results. It will be a maximally effective Law, byusing of which small businesses will be registered without an excessive bureaucratic barrier. Both business management and operations will be simplified too. Joint-stock company regulations will be ascertained in detail. Current Law on Entrepreneurs, unfortunately, doesn’t cover all areas (courtand registration directions). The gaps, existed in the current Law, often leads to the heterogeneous decisions. However, the entrepreneur registration system doesn’t have problems in terms of efficiency of Ltd. company registration. Though, if a foreign investor gets involved, complications may arise. Entrepreneurial Registration Office has to review their documentations and adapt them to the Georgian registration regulations. Unfortunately, in such situations, a number of gaps and mistakes are revealed, for which the entire Registration Office cannot be blamed. The Law doesn’t have answers to all questions. Therefore, it is extremely important to operate the new Law on Entrepreneurs as soon as possible.