LAW
OF
The
Recognizing the human rights and freedoms
envisaged by the Constitution of Georgia and the International Law,
namely, the right of every person to
property and adequate standards of life regardless of his/her race, skin color,
sex, language, national, ethnic and social origin, religion, belief, political
or other views,
realizing the difficult consequences of the
conflict in South Ossetian autonomous district in 1989 - 1992, which caused
gross violations of rights and freedoms of a significant part of the population
of
takes over the responsibility to
rehabilitate the rights of the victims, which were violated during the conflict
of 1989-1992 and afterwards, and bring them to conformity with the standards
recognized by the international law.
Article
1. The Purpose of the Law
The purpose of the present law is
restitution of property, providing adequate (equivalent) immovable property or
compensation of property damage of natural persons who were victims of the
conflict is South Ossetian Autonomous District in the
Article
2. Notions and Definitions
The notions used in the present law for its
purposes have the following definitions:
Conflict -
armed conflict in 1989-1992 and after this period in former South
Ossetian Autonomous District and/or confrontation between populations of
Ossetian and Georgian origins in other
regions of
right to reside – right for usage and
ownership of the initial residence;
initial residence – residence of a refugee
or an IDP, where he/she had the right to reside at the moment of leaving the
latter;
initial resident – individual, who had the
right to reside in the initial residence;
forced migrants – an individual who was
displaced within the
bona fide and mala fide owner – persons
defined in articles 159 and 164 of the Georgian Civil Code;
relative - person defined in article 31
part 2 of the Georgian Civil Code;
family member – spouse, son/daughter,
parent, adopting parent, adopted son/daughter, grandparent, grandson/granddaughter,
sibling;
Reconstruction – modification of immovable
property as a consequence of which area of property and its market value
changed in essence;
residence – real estate meant for
residence;
other real estate – land parcel and
non-residential realty fixed to it;
property restitution – returning to lawful
owner residence or other property that was lost on the Georgian territory as a
result of the conflict or providing equivalent compensation;
following resident – individual, who in
present is a bona fide or mala fide owner of initial residence of a forced migrant;
Article
3. Principles of the Law
The present law is based upon the following
principles:
justice and equality;
legality;
respect for human dignity and protection,
respect and guaranteeing universally recognized rights and freedoms;
the right of an individual to have
comprehensive information from state bodies on the issues related to him/her;
the right of an individual to be provided
with effective legal remedies;
accountability and responsibility of the stae
to the citizens and people present at its territory;
insuring of the right of the refugees and
IDPs for free and voluntary return;
Article
4. The Purview of the Law
1. The present law applies to
those initial residents, who as a result of
the conflict were or are not able to return to their initial residence due to
lack of safety or adequate (substitute) residence;
those following residents, who bona fide or mala fide own residence or
other real estate of initial resident;
those initial residents who received
substitute residence and/or financial compensation with the help of
governmental bodies or international and national organizations, if the value
of their initial residence exceeds the received compensation or the value of
the substitute residence.
The present law recognizes the right of a forced
migrant to submit to the Commission for its review all the decisions made on
the basis of the Article 69 of the Residence Code of 1983, which decisions
caused this individual to lose his right for their residences in the period
during and after the conflict.
Article
5. Right to Property restitution
and Compensation
The present law recognizes the rights of
all forced migrants and other persons to return to their residence.
The law established guarantees for a lawful
owner to receive the residence or other immovable property that was lost in
Georgian territory as a result of the conflict. This implies the right of a
victim to receive immovable property or if it is impossible to return his/her
residence or other immovable property to receive adequate (substitute)
residence of the same value. If it is impossible to give adequate (substitute)
residence then he/she has the right to receive compensation for property
damage.
The present law recognizes right of the
following bona fide resident to
possess adequate (substitute), safe and affordable residence and immovable
property.
Chapter II. Commission on Restitution and Compensation
Article
6. Status of the
Commission
For the purpose of implementation of the
goals envisaged by the present law a Commission on Restitution and Compensation
(hereinafter the Commission) is established for the period of 3 years. In case
when goals of the Commission are achieved earlier than this period then the
Commission makes a decision on termination of its competences before the
expiration of its term. In case if the Commission during its term does not
manage to resolve all the existing disputes it makes a decision to prolong its
term for a definite period.
The Commission is a legal entity of public
law, which is not subordinated to any of the state institutions.
Article
7. The Goals of the
Commission
The goal of activities of the Commission is
to achieve the following for the persons who suffered damage during the
conflict in Georgian territory:
Return of property;
Guaranteeing adequate (substitute)
residence;
Compensation of property damage.
Article
8. Public Access to the
Commission
Hearings of the Commission on Restitution
and Compensation and its Committee are open for the public. Chairman of the
Commission (Committee) is empowered to declare the hearing closed, based on the
procedure established by the Georgian General Administrative Code, for the
purpose of ensuring that state, commercial, professional and party’s private
secrets will not be disclosed.
If at least one of the parties request so
according to the Georgian legislation.
All the information that was received
during the process of work of the Commission and the Committee is public,
except for the case when Georgian legislation requires the information to be
secret.
Any member of the Commission or an employee
of the Commission’s bureau has an obligation
to in secret the information that is defined by the Georgian
legislation, which has become known to him/her due to the position at work or
during the process of carrying out his/her activities and make efforts to ensure its secrecy.
A person is obliged according to the
Georgian legislation not to disclose a secret information, which became known
to him/her while assisting the Commission in its activities, while being
present at hearing of the Commission or otherwise. A representative of the
Commission shall warn that person about it.
If the secret information becomes disclosed
by the Commission or the Committee then the Commission and the Committee shall
compensate the moral or material damage caused by this act.
Article
9. The Rule of
Establishment of the Commission and its Composition
The Commission consists of 9 members, who
are appointed according to the procedure established by this article.
The Commission is composed of the
representatives of the Georgian party, Ossetian party and subject (subjects) of
international law nominated on the parity basis.
Georgian authorities from the nominees
presented by subjects of international law appoint 3 members of the Commission,
who afterwards select other members from representatives of Georgian and
Ossetian parties on the basis of open competition.
Commission is authorized to carry out the
functions defined by this law even in the case if subject of international law
present only 2 nominees, who will be appointed by the Georgian authorities. In
such case the Commission will be composed of 2 Georgian and 2 Ossetian members.
On behalf of Georgian and Ossetian parties
of the conflict subject of international law, political parties, private law
non-commercial legal entity notwithstanding the place of their registration or
a group of no less than 50 persons have
the right to nominate candidates.
A capable individual, with higher
education, having a working experience of at least five years, can become a
member of the Commission. A member of the Commission must have the public
acknowledgment and be trusted by the society. At least one third of the members
of the Commission shall have a higher legal education.
Any person shall have a right to
participate in the competition if he/she satisfies the requirements set out by
this law for a member of the Commission. Time period for submitting the
documents for the competition shall be no later than 45 days after the
announcement.
If during the period that is defined in
this law there were not nominated at least 2 candidates for each vacancy the
competition shall be prolonged for the period of time during which at least two
candidates will be nominated per each vacancy. List of the candidates shall be
published in two days period after expiration of the term during which
candidates can be nominated.
No later than 30 days after expiration of
the term during which candidates can be nominated those Members of the
Restitution and Compensation Commission, who were appointed with quota of subjects
of international law, shall appoint Georgian and Ossietian party Members based
on their quotas.
Rules for appointing Members of the
Commission with quota of subjects of international law and rules for exercising
their competences shall be determined by Decision of the Georgian Government,
based on memoranda with those subjects of international law that participate in
the process of formation of the Commission.
Article
10. Structure of the
Commission
The Commission has a chairman and two
deputies, who are elected from the staff of the Commission by majority votes of
the members. According to this law the Commission is chaired by the member who
is appointed by subjects of international law.
The Chairman and the Deputy Chairmen of the
Commission represent the candidates nominated by different sides.
The chairman and the deputy chairmen of the
Commission are elected on rotation basis every three years. A person nominated
by one party can not be nominated as a chairman for two terms.
Within the Commission 3 Committees shall be
established.
In case established by article 9 provision
4 within the Commission 2 Committees shall be established.
Article
11. Conflict of Interests
A person shall not be a Member of the
Commission if he/she is at the same time:
is performing some paid work, except
pedagogic, scientific or art;
member of a political party;
directly participated in the armed conflict
or openly called upon violence and ethnic discrimination and enmity.
Same requirements are set for employees of
the bureau of the Commission, except for supporting and technical staff.
If a member of the Commission or a
committee, or an employee of the bureau of the Commission, except the
supporting/technical staff, appeared to have direct or indirect economic
interest with the person, whose case is being reviewed by the Commission,
he/she shall state about it in writing and shall not participation in revision
of the case.
If a member of the Commission or a
committee, or an employee of the office of the Commission, except the
supporting/technical, is a relative of the person, defined by the sub-clause c)
of the present article, or participated in court proceedings on this case
during the course of the conflict, or was working in a state institution or was
an official, who had direct contact with the property in question - he/she
shall state about it in writing and shall not participation in revision of the
case.
Conflict of interests envisaged by
provision “a” of this article does not apply to a Member of the Commission who
was appointed with the quota of subjects of international law if he/she
received remuneration from the international organization.
Conflict of interests envisaged by
provision “b” of this article does not apply to a Member of the Commission who
was appointed with the quota of subjects of international law.
Article
12. Termination of
Authority of a Member of the Commission before Expiry of the Term
Authority of a member of the Commission can
be terminated before expiry of the term on the following basis:
personal application;
failure to accomplish the duties during
more than three months or without an acceptable reason for the period of 20 working
days;
severe violations of the duties and
responsibilities;
appointment to the position or activity,
incompatible with the status of the member of the Commission;
Court decision in effect on finding him/her
guilty;
death.
Decision on termination of authority of a
member of the Commission before expire of the term, in cases envisaged by
provision 1, sub-provisions “b, c” of this article, is taken by the Commission
with at least 2/3 of the members of the Commission. In other cases the
Commission takes into consideration the fact that there is a ground for
termination of authority. At this time the authority of a member of the
Commission is terminated.
Filling the vacancy of a member of the
Commission is done based on the procedure established by article 10 of this
law, based on principle of parity between the parties but no later than 1 month
after the position became vacant.
Article
13. Chairman of the
Commission
The chairman of the Commission:
chairs the meetings of the Commission;
signs the decisions of the Commission;
is responsible for administration of
finances on the account of the Commission;
based on competition appoints a secretary
of the Commission and other employees, except for supporting and technical
personnel;
performs other duties as prescribed by the
statute of the Commission.
In absence of the Chairman or failure to
accomplish the duty of the chairman one of the deputies perform duties of a
chairman on the instruction of the chairman.
Article
14. Bureau of the
Commission
1. The Bureau of the Commission has the
following competences:
organizational and technical assistance in
activities of the commission;
assisting persons concerned in preparation
of complaints;
performing other duties on the instruction
of a Committee.
Structure and rules of activities of the
Bureau are defined by the Statute of the Commission.
Secretary of the Commission:
prepares records of proceedings of the
Commission and other documents;
supervises enforcement of decisions of the
Commission. Reports to the Commission on decisions that were enforced on the
established period of time;
heads the Bureau of the Commission and is
responsible for organizing daily activities of the Commission;
appoints and dismisses supporting and technical
personnel of the Commission;
performs other duties assigned by the
Commission.
A Secretary of the Commission shall have legal
education and at least 5 years of working experience in management field.
The Commission appoints the Secretary.
Article
15. Guarantees for
The Commission, its authorities and
employees, while accomplishing their own duties, must be impartial and
independent from any political or financial interests and obey only the
Constitution and legislation of
Members of the Commission act within the
framework of their competences, of this law, of international legal norms and
principles and based on their personal faith.
Creation of obstacles for the activities of
the Commission will be prosecuted in accordance with the legislation.
Article
16. Rules for Making
Decisions
The Commission is competent to have a
meeting if at least 6 members of the Commission are present at the meeting of
the Commission. The Commission is competent to have a meeting regarding decision
that was appealed if at least 5 members of the Commission are present at the
meeting of the Commission.
The Committee is competent to have a
meeting if at least 2 members are present at the meeting.
The Committee makes decisions by simple
majority of the members present at the meeting. The vote of the chairman of the
committee is decisive if votes of the members were divided in half.
The Commission makes decisions by simple
majority of the members present at the meeting. If votes of the members were
divided in half the vote of the chairman of the Commission is decisive.
Article
17. Legal Acts of the
Commission and the Committee
The Commission and the Committee in
accordance with the rules set by the legislation, within the limits of its
authority adopt the following legal acts: decision of the Commission, decision
of the Committee and ordinance of the chairman of the Commission.
Decisions of the Commission and of the
Committee, ordinance of the chairman of the Commission are individual legal
acts, which are adopted within the limits of the authority granted to them by
the legislation.
Legal acts of the Commission and the
Committee are adopted (issued) at their meetings.
The Commission adopts Statute of the Commission.
The Chairman of the Commission issues
ordinances in specific cases defined by this law and the Statute of the
Commission.
Article
18. Functions and
Competences of the Commission
Competences, rules of activities and structure of the
Commission are defined by the present law and the statute of the Commission.7
In accordance to the rules set by the
legislation the Commission is authorized to:
On its own initiative or upon the petition of
a party request and receive information from any natural and legal person or
state institution related to the application that the Commission has accepted
to consider;
On the initiative of one of the parties,
without any independent request related to the application, involve in the case
a third person. This decision is taken with consideration of positions of the
parties;
prepare annual reports on completed
activities and submit it to the Parliament, the President and the Government of
Georgia;
consider complaints of authorized persons
against decisions of the Commission regarding newly found circumstances;
consider complaints of authorized persons
against decisions of the Committee on the merits, regarding newly found
circumstances and violations of procedures established by this law;
For the purpose of effective accomplishment
of its own functions the Commission is entitled:
To carry out administrative competences;
if necessary, mediate arguments and
facilitate conciliation;
Any institution, official and private
person shall upon the request of the Commission provide it with information or
document that it has, assist the Commission in carrying out certain activities
based on its competences. Relevant institutions and persons shall give the
requested information immediately, in no longer than 10 days period of time.
The Commission shall in case of revealing
signs of crime related to the case under revision to immediately send it to
relevant agencies.
The decisions made by the Commission and
the Committee are mandatory to be enforced within the whole
For the purpose of efficient achievement of
goals and carrying out activities envisaged by this law a Member of the
Commission upon the instructions of the Chairman of the Commission or the
Committee is authorized to:
collect evidence, check the place and
request from administrative bodies and private persons any information or
document, record, to task them to find and process the information; also, based
on the procedure established by the legislation, immediately familiarize itself
with and request files of not only completed but also in the process of
investigation criminal case;
upon the order of a judge, without prior
notification enter, check and study any territory;
Receive explanation from any person, invite
that person to the meeting of the Commission or a Committee and ask him/her to
give there explanation;
Request certain information from state
institutions of
Competences envisaged in article 7
provision “b” over immovable property in possession of the state or local
municipality are carried out by a member of the Commission without an order of
a judge.
Case proceedings of the Commission and the
Committee are held by the rules set in Georgian civil procedures legislation if
something else is not envisaged by this law.
Article
19. Committees of the
Commission
For effectiveness of the activities of the
Commission and timely revision of the applications received, for the purpose of
restitution of illegally confiscated property during the conflict, of providing
adequate (substitute) residence and compensation of property damage Committees
are established.
A Committee is chaired by the Chairman, who
is elected by the Commission.
The Commission establishes the Committees from
the members of the Commission on the parity basis with 3 members in each
committee.
Article
20. Competences of Committee
For effectiveness of activities the
committee is authorized to:
accept and revise applications of an
authorized person regarding property restitution and receiving back other
immovable property;
find complete information related to the
case for the purpose of comprehensive, thorough and objective revision of the
case;
on the basis of an application or on its
own initiative find evidence on property damage suffered by the applicant;
on its own initiative or upon the petition
of a party request and receive from any natural or legal person or state
institution any information related to the application that was received by the
committee;
on the initiative of one of the parties,
without any independent request related to the application, involve in the case
a third person. This decision is taken with consideration of positions of the
parties;
receive and process applications of
citizens;
make analysis and generalization of the
received information;
take decisions regarding specific cases;
carry out other competences envisaged by
this law and Statute of the Commission.
Article
21. Liability for Creating
Obstacles for Activities of the Commission and Committee
The Commission and the Committee are
authorized to impose a fine on any natural or legal person, who:
violates requirements of this law;
does not enforce decision of the Commission
or the Committee and Ordinance of the Chairman of the Commission;
does not provide in the set term
information and documentation what was lawfully requested;
makes public in advance expected result of
the investigation or does such action that endangers or hinders objective and
comprehensive examination of the case;
creates obstacles for a body defined by
this law or its officials in fulfilling its duties defined by this law;
does not come to a meeting of the
Commission or the Committee without a justified excuse, deliberately misleads
or provides false information to the Commission or the Committee, or does not
provide the information it possesses, which is necessary for case consideration.
Violation of requirements given in
prevision 1 of this article will be followed by a fine in the amount of 20 to
50 times of minimum remuneration for work.
Decision on fining a person shall be taken
at the meeting of the Commission, which would be open for public. A person
whose case is being considered shall be given a reasonable period of time for
presenting his/her opinion.
In case when a person might be fined he/she
shall be informed on grounds for imposing a fine on him. The Commission and the
Committee shall explain to that person in what is his/her blame.
Decision on imposing a fine is taken in
accordance with the Georgian Administrative Violations Code.
Article
22. Reporting and
Recommendations
Every six months the Commission shall
submit to the Parliament, the President and the Government of Georgia periodic
reports.
The reports shall include description of
the materials collected as well as report on activities, financial report and
the recommendations for measures necessary for political, administrative and
other reforms meant to achieve the goals set for the Commission.
The Commission is entitled to submit to the
Parliament, the President and the Government of Georgia information on specific
or general issues, if:
the issue involves public interest;
the issue requires immediate reaction from
the Parliament, the President and the Government or their interference;
there is a requirement of the President, the
Government and at least 1/3 of the members of the Parliament.
After submitting the report to the
President, the Parliament and the Government the Commission shall publish the
report to existing electronic and/or printed media; also ensure freedom of public access to the report.
After publishing of the report, the
Commission conducts monitoring of implementation of the recommendations made by
the Commission and facilitates their implementation.
Article
23. Location of the
Commission
The Commission is located in
Based on circumstances of a certain case
the Commission may also gather at another place.
Chapter III. Revision of Restitution and Compensation
Cases
Article
24. The Right to Apply to
the Commission
forced migrants and other persons, who
suffered property damage as a result of the conflict, can apply to the
Commission without distinction of their citizenship.
In the cases defined in the present law forced
migrants and other persons can apply to the Commission within 7 years from the
moment when the Commission started to exercising its competences.
Article
25. Application
1. The application must include:
First name and surname of the applicant;
Information on what resulted in property damage;
Request on restitution of initial residence
or other belonged immovable property or on receiving equivalent compensation.
The application may be supplemented with evidences,
which the applicant disposes.
Article
26. Starting the
Proceedings
The Commission starts the proceedings if
there is an application of the victim or his/her heir. An application can be
presented in any language.
The application will immediately be
forwarded to relevant committee. The committee makes the decision on accepting
or rejecting of the application within 3 months.
The Committee is entitled to reject an
application if
the application clearly has no ground;
Consideration of the application is not
within the competences of the Commission;
Set by this law term for application has
expired;
There already is a decision of the
Commission or court on the property under the question.
4. The Commission is entitled to reject
receive the appeal against the decision if
the appeal clearly has no ground;
there are no newly discovered circumstances
to appeal the decision of the Commission;
there is no fact of procedural violation is
it is established by the law to appeal the decision of the Commission;
Set by this law term for application has
expired;
There already is a decision of the
Commission or court on the property under the question.
Article
27. Case Proceeding
The Commission and the Committee hold
proceedings on applications based on formal administrative procedure rules
established by the General Administrative Code, taking into considerations
norms of this law.
Proceeding in the Commission and the
Committees are held in state language of
The Commission makes (publishes) the final
decision within maximum of 6 months from the moment of accepting the
application.
In case of existence of special
circumstances, if the facts indicated in the application need to be investigated,
which may be related to complicated administrative procedures, the term for taking
final decision must not exceed 9 months.
The Commission and the Committee within the
framework of their competences take the following decision:
to fully satisfy the application;
to partially satisfy the application;
to reject the application;
The decision shall be substantiated.
The decision of the Commission to satisfy
the application shall define grounds, conditions and procedure for returning to
initial residence, providing adequate (substitute) residence and property
damage compensation.
The decision of the Commission and the
Committee shall enter into force from the moment of declaring it in public at
the hearing.
The Commission and the Committee shall
issue an enforcement paper on decisions that were taken and entered into force.
Based on circumstances the Commission has a
right to take a decision on postponing eviction of a mala fide owner.
Article
28. Appealing Against
Decision of the Commission
It is possible to appeal against decision
made by the Commission in case of violation of procedures prescribed by this
law at Supreme Court of Georgia, or at the Commission in case of newly found
circumstances. Decisions of the
Committee may be appealed at the Commission on the merits, in case of
violations of procedures established by this law and relating to newly found
circumstances.
Term
for appealing a decision of the Committee is 1 month from the moment when the
decision entered into force. During this term enforcement of the decision is
suspended.
Application on appealing decision based on
newly found circumstances may be presented in 90 days period of time from the
date when those circumstances became know.
In case of violations of procedures
prescribed by this law the term for appeal is 3 months time from the date when
the decision was taken.
In case of appeal enforcement of the
decision, as a rule, shall not be suspended.
Although the Commission has a right to suspend the enforcement on the
petition of a party.
Regarding the appealed decision the
Commission takes a decision based on the procedure established for the case
proceedings. During this time those members of the Committee who took the
decision that was appealed can not participate in the work of the Commission.
Chapter IV. Rules for Restitution and Compensation
Article
29. General Norms of
Property Restitution and Compensation
Initial residence and other immovable
property connected to it shall immediately be returned to its lawful owner if
the property
is owned by state/self-government;
is in possession of a mala fide owner.
If the initial property or other immovable
property is owned by a bona fide owner
it may be returned to its initial owner only after the bona fide owner receives adequate (substitute) immovable property
or, in case of his/her desire, pecuniary compensation.
In case of destruction, demolition or
reconstruction of the property the initial resident shall receive other
adequate (substitute) immovable property of the same value.
As compensation the initial resident must
receive adequate (substitute) immovable property of similar market value for
the moment of transfer of property in the same place where the confiscated or
seized property was located. It is possible to hand over immovable property of
different type with the consent of the initial resident.
If the immovable property requires
rehabilitation-reconstruction works presumable cost of such works shall be
reimbursed.
Based on the decision of the Commission pecuniary
compensation may be paid only in case if it is impossible to return initial
residence and immovable property related to it or to give adequate (substitute)
immovable property.
Article
30. Property that Shall not
be a Subject of Restitution
The property shall not be a subject of
restitution if by the time of demand of its restitution it is located within the
area in which handing over a property to natural or legal persons is forbidden
by law.
In the case envisaged by provision 1 of
this article a lawful owner shall receive an adequate (substitute) immovable
property and when that is impossible he/she shall receive material
compensation.
Article
31. Calculation of Value
of Property
Immovable property that is subject to
restitution and adequate (substitute) immovable property shall be evaluated
from the moment of transfer of the property based on its market value. That
property is evaluated based on the same criteria while deciding on giving
pecuniary compensation.
If there is a difference in value between the
initial residence, other immovable property and adequate (substitute) immovable
property subject to restitution according to the decision of the Commission,
the difference shall be paid from the fund of the Commission, except the value
that was caused by natural depreciation of the property.
Article
32. Paying Compensation
Pecuniary compensation shall at once or in
stages but no longer than 1 year period after the decision of the Commission
was taken.
In case if, based on this law, the receiver
of the property chooses
Amount of one time aid is 1500 Lari per
person for the receiver of the property and his/her family members.
Monthly aid shall be paid during 6 months
and its amount is defined by the Commission based on the minimal consumer
basket.
Chapter V. Financing of the Commission. Social Protection of
the Members of the Commission
Article
33. Financing of the
Commission
Activities of the Commission and the
Committee and measures that should be taken on the basis of their decisions
shall be funded from the Fund of the Commission.
The rules of establishment of the Fund of
the Commission are defined by the present law and the Statute of the
Commission.
The sources of filling the Fund of the
Commission are the State Budget, grants, charity contributions made by
governments of other states, international and non-governmental organizations
or private persons, also property in question given by the State and mala fide owners.
The Commission has a bank account which
accounts the resources of the Fund.
The Commission submits its budget to the Government
based on the procedure and term provided by the legislation.
Article
34. Salaries and Social
Protection of the Members of the Commission
The salaries and material benefits of the
members of the Commission can not be less than the salaries and material
benefits of the members of appeals court of Georgia. It is inadmissible to
reduce the salary of the member of the Commission during the whole period of his
competences.
For those members who were appointed by the
quota of international organizations additional remuneration may be paid amount
of which and payment procedure shall be defined by the Statute of the
Commission.
Article
35. Control of the
Finances of the Commission
The Commission is responsible to:
keep the accounting records and other
documents related to the activities of the Commission;
prepare quarterly accounting, which
includes information about monthly expenses;
provide comprehensive information about the
information systems of Commission management based on budgetary control;
ensure lawful management of funds by the
Commission.
Annual audit of the budgetary fund
management is performed by the Chamber of Control, and management of other
resources of the Commission is audited by a high reputation independent auditor
appointed by the Commission. Accounting of the Commission and conclusions of
the auditors will be submitted to the Parliament of Georgia, President of
Georgia and other sponsors of the Fund of the Commission.
Chapter VI. Transitional Provisions
Article
36. Measure to be Taken by
the Commission
The Commission shall be formed in 5 months
time from the date of the present law coming into force.
Before election of the Chairman the first
meeting of the Commission is chaired by the eldest member of the Commission. At
the same meeting the Chairman and the secretary of the Commission are elected
in accordance with the set rules.
First chairpersons of the Commission and
the Committee shall be the persons selected by the quota of subjects of international
law.
The Commission shall adopt its Statute no
later than 2 months from the date when it was formed.
The Commission starts receiving of
applications in 9 months after the present law comes into force.
Chapter VII. Summary Provisions
Article
37. Coming into Force
The present law comes into force from January
1, 2007.
The President of Georgia Mikheil Saakashvili
December
29, 2006.
(www.parliament.ge)