153th meeting of the bureau

The initiative of the Members of the Parliament (A. Talakvadze, E. Beselia, M. Mdinaradze, G. Volski, K. Kujhava, O. Danelia, G. Khatidze and Z. Kvachantiradze) was registered at the Bureau regarding the amendments to the law on “Entering and leaving the country by Georgian citizens” and  Criminal Code. According to which:

• If it is assessed that Georgian citizen traveling to the country within EU/Schengen to which Georgia has the Visa Free Regime, he/she may be rejected to cross the border in case  he/she doesn’t hold: A biometric passport issued within the previous 10 years and valid for at least three months after the intended date of departure from the Schengen area; Tickets for further journeys and return tickets; reservation of accommodation or the address of the legal person living within the EU/Schengen, Medical insurance; The valid document of sufficient means of subsistence.

• Illegal departure of the Georgian citizen or promoting (creation of the occasions) his/her illegal residence should trigger the deprivation of liberty from 3 to 6 years. Moreover, it is noteworthy to emphasize the consequences when repeating the crime in case of organized group

See the draft law at:  https://info.parliament.ge/#law-drafting/15490

2. The initiative of the Member of the Parliament (Paata Mkheidze) regarding the amendments to the “Code of Imprisonment” and the following laws was registered at the Bureau. According to  the amendment:

• Conducting telephone conversations by convicts will be possible through biometric data (fingerprint), and rules and conditions for processing biometric data, as well as issues related to the telephone call, are determined by the order of the Minister.

• It is determined that in case of the existence of appropriate infrastructure, taking a fingerprint from the defendant / convict shall be executed through using of an electronic device, in accordance with this procedure, in the case of receipt (in a penitentiary  institution) as well as in case of release.

• The list of disciplinary penalties is added to a long term date and restriction of the right to use video date.

• Amendments to the law on special penitentiary service includes appointment of a person as temporary  for the vacant position without competition, not exceeding 6 months; (Without probationary period )

See the draft law at: https://info.parliament.ge/#law-drafting/15486

3.The initiative regarding the amendments to the “Internally Displaced Persons from Occupied Territories of Georgia” was registered at the Bureau.  According to the amendment :

• The interested person will have the opportunity to apply for the status of IDP (Internally Displaced Person) to the central office of the Ministry and its territorial bodies as well as branches of the LEPL - Justice House and the public center of Public Service Development Agency

See the draft law at: https://info.parliament.ge/#law-drafting/15491

4. The initiative of the member of the Parliament( Revaz Arveladze) regarding the amendments to  “Electricity and Natural Gas Law and the following law was registered at the Bureau. According to the amendments:

• Within one territorial entity the restriction imposes to issue  two or more licenses (distribution or water supply)

• It provides the rules of commercial quality of services, the rule of investment evaluation and the rule of monitoring of energy markets - as the normative acts acceptable by the Commission

• The National Energy and Water Supply Regulatory Commission announces annual report on May 1 instead of March 31

• The term of entry of the tariff set by the Commission is determined to be in  180 days instead of 150.

• The direct user concept of electricity is divided into two categories: a user who is obliged to register as a consumer directly and user who is voluntarily registered as a direct user

• The date of approval of the next year's budget by the Commission is changed, instead of October 1 it is indicated that the penalty shall be carried out by the end of the year

See the draft law at: https://info.parliament.ge/#law-drafting/15485

5. The initiative regarding the amendments to the „Law of International Cooperation in the Criminal Law”, also to the Criminal Code and the accompanying laws was registered at the bureau. According to which:

•  The amendment provides the cases envisaged by the legislation that procedural actions in accordance with the Criminal Procedure Code of Georgia in the territory of foreign state can be held without sending a motion for legal assistance and the information should be used from the open data source.

• In accordance with the Criminal Procedure Code of Georgia it is possible, at any stage of the proceedings, to  interrogate or survey a person

• The amendment regulates at any stage of the process of extradition procedures to change or cancel the extradition detention and to appeal to the Court of Appeals.

• According to the draft law, it is possible to use extradition, due to the need to enforce the order of the Minister of Justice on extradition, at any stage of extradition proceedings to re-use extradition detention or other restraint measure towards a person subject to extradition. Although, in this case, the total length of the extradition detention shall not be exceeded 9 months, as established by the legislation

• It is obliged for the parties to exchange the information and documentation which they are required to submit to the court

• A person who committed a crime in the territory of foreign state where Georgia has diplomatic representatives or consular, criminal liability will be imposed by the Criminal Code of Georgia unless the international treaty of Georgia does not envisage other thing

• The court ruling on the extradition can be appealed within 7 days from the date of its announcement

See the draft law at: https://info.parliament.ge/#law-drafting/15492