The sitting of the Legal Issues Committee
The Committee considered with the II reading the draft on Imprisonment Code, introduced by the Head of the Legal Department of the Ministry of Corrections, Alexander Darakhvelidze. The draft envisages higher education for low risk convicts in the prisons and convicts in Juvenile Detention Departments will be allowed having higher education on the first stage (Bachelor’s degree).
The next change concerns temporary leave of the convict. According to the current edition, the fee shall be paid by the relative of the convict. The draft envisages exemption of the family with low income from payment of the fee. He noted that definition of break is reformulated. Namely, crossing the protective fence shall be considered as prison break and in case of convoying the convict – crossing of the established line. Another change concerns the right of phone call for the high risk convicts. Currently, convicts are allowed making 10-minute phone call per month. “We offer two phone calls for convicts not exceeding 15 minutes each and in case of encouragement, they can be granted additional phone call of 15 minutes”.
The draft envisages additional mechanisms for re-socialization/rehabilitation of the convicts, ability of higher education for them and set up of the penitential department for preparation of convicts for release, as well as improvement of release ahead of time, elimination of illegal actions on the department territory and provision of due functioning of the penitential department. The Committee supported the draft.
The Committee considered with the III reading the draft on Elimination of Domestic Violence and Protection and Aid for the Victims developed in view of compliance of Georgian legislation with the CoE Convention on Prevention and Elimination of Violence against Women and Domestic Violence (Istanbul Convention). The changes regulate not only elimination of domestic violence or protection of the victims but they shall apply to violence against women taking place in their public or personal life. Hence, the law shall be retitled.
Violation against women shall be defined as all the action of violence committed on gender basis resulting in physical, sexual, mental or economic damage or torture, including menace of violence, coercion or arbitrary deprivation of freedom in public or personal life of women. Respective changes shall be adopted to the Articles defining protection of victim of domestic violence, prevention of violence etc. The change concerns issue of retaining order to be issued without Court decision. The Committee supported the draft.
The Committee considered with the III reading the draft on Insolvency Proceedings, extending the list of the creditors entitled to demand opening of insolvency proceeding. The new Article envisages all the creditors demands of which are recognized by the Court to be entitled to inquire information about proceedings from the guardian towards the debtor and related documentation. The draft empowers the debtor to apply for not only bankruptcy but for rehabilitation as well. In the latter case, the application shall be enclosed with the rehabilitation project. The changes envisage the damage to the creditors to be considered as actions committed during 1 year before appealing to the Court on insolvency instead of 6 months and if the preferred creditor or counteragent (person or agency, assuming obligations) is the relative of the debtor, the term constitutes 2 years instead of 1 year. The Committee supported the draft.
The Committee supported the draft on Code of Administrative Offenses aiming at establishment of administrative-legal responsibility to the natural or legal person acoustic noise of which exceeds established norm. The draft is developed by the working group headed by Levan Gogichaishivli.