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Successful Cases of HRC (March-June 2022)

07.07.2022
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Court released a citizen from an administrative penalty imposed for not using a seatbelt

On June 20, 2022, Gori District Court granted a claim by citizen V.M. ruling for the electronic citation to be revoked and the decision rejecting the claim by V.M. lodged with the police. Under the court judgment, V.M. was released from the administrative penalty imposed not fastening seatbelts.
According to the citizen, although he had fastened the seatbelt, he was still issued a fine by a patrol police officer. HRC pleaded the cause of V.M. in court. 

The court terminated legal proceedings on the case of UNM

On April 19, 2022, Gori District Court seized the proceedings of the case of administrative offense against three members of the youth wing of the United National Movement.
The Ministry of Interior was charging the members of the opposition party with petty hooliganism expressed in making an inscription of Alt-Info at the Gori Office of the Georgian Dream on March 12 envisaging a fine ranging from GEL 50 to GEL 1000, or detention up to 15 days.
Because there was no evidence in the case file, the court agreed in full to the observations of the lawyer of HRC and terminated the administrative proceedings against all three persons brought to justice. 

S.P. was granted citizenship of Georgia

President of Georgia Salome Zourabichvili granted citizenship of Georgia to S.P. born in 1947.  The Commission of Citizenship Issues of the State Services Development Agency under the Ministry of Justice, guided by the Regulations approved by Ordinance N2 of September 04, 2022, heard the application of the citizen of the Russian Federation S.P. submitted on February 1, 2022, for granting her citizenship under the restoration procedure.
As a result of the hearing, it was established that S.P. is a former citizen of Georgia.   She lost Georgian citizenship based on receiving citizenship from another country and her level of knowledge corresponds to the approved requirements for granting Georgian citizenship. Taking everything into consideration, there was no basis for rejecting the citizenship of Georgia to S.P. through naturalization procedure as envisaged by Article 16 of the Organic Law of Georgia on Georgian Citizenship.

The employer was ordered to pay compensation to an employee

Khashuri District Court partially granted a claim of Ani Baliashvili against Georgian Post LLC on April 12, 2022. The court annulled the decisions of Georgian Post LLC regarding the dismissal of the manager of Kareli Service Center A.B. and imposed on the employer to pay compensation in favor of the employee. The lawyer of HRC pleaded the cause of V.M. in court.

The court restored a driving license to a citizen living close to the occupation line

On March 18, 2022, the Tbilisi Court of Appeals approved the plea agreement reached between the prosecutor and M.T. a resident of a village near the occupation line. The judgment of Gori District Court holding M.T.  guilty without imposing any penalties under  Article 265 (2) (a) of the Criminal Code, but imposing some restrictions including suspension of the driving license.   Since M.T. lives near the occupation line and his only income is to provide taxi services, suspending his driving license would mean leaving his household without an income. According to the plea agreement reached, the Tbilisi Court of Appeals lifted the suspension of the driving license against M.T. 

The citizen was released from GEL 1000 fine

In March, Tbilisi City Court granted the claim by HRC concerning the case of T.K. and annulled individual legal acts issued by the Ministry of Interior fining T.K. of  GEL 1,000. The Ministry of Interior charged T.K. with driving a car under alcoholic intoxication, which could not be proved at the court hearings. 

Miscellaneous 

    On March 18, 2022, a settlement was reached at Gurjaani District Court in the dispute between plaintiff M.Sh. and her ex-husband T.O. about the procedure for interacting with their minor children. After the controversies that intensified with divorce, T.O. was issued restraint orders on four occasions, he further was convicted for domestic violence with Gurjaani District Court suspending the sentence for a year. HRC's lawyer pleaded the case for the affected woman with the court proceedings leading to the desired settlement in her favor. 
    On April 15, 2022, a settlement was reached at the Gurjaani District Court in a civil dispute between L.M. and G.K. about the abodes for their minor children. According to the settlement of which the HRC beneficiary was pleased, the youngest girl shall live with the mother, while the elder sons shall live with the father.  The children shall spend two days a week with their mother. The lawyer of HRC Kakheti office pleaded the cause of V.M. in court.
    HRC had also processed four successful cases with the court judgments of the court of first instance reviewed and upheld by the court of appeals.
    HRC had also two successful cases in files that were reviewed in the Supreme Court upholding the court judgments of the court of appeals. 
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