Judges’ decisions in business cases are often illogical and inadequate. We do not talk about the legal aspects of the decisions taken by the judges, decisions may be formally and legally correct, but how adequate and proportionate are sanctions imposed as a result of their decisions…?
Rustavi metallurgical plant is one of such examples- the plant is completely stopped after the Tbilisi City Court’s judge took a decision over a 4 500-GEL dispute. A higher instance did not leave the court’s decision in force yesterday and ruled in favor of the steel plant, but prior to this decision the plant had been paralyzed and suffered a serious damage.
Who is responsible for the damage caused to the business and how qualified are the Georgian judges who consider business disputes?
In a conversation with “Commersant” lawyers claim that unqualified judges is one of the main reasons for the inadequate decisions in business disputes. According to them, they consider these cases only in terms of the legal case, which is not enough, because to consider business disputes the basic economic-financial education is required.
“Commersant ” interested in qualification of the judges and found that only one from 33 Tbilisi City Court’s judges was educated in Europe while the rest graduated International Law and International Relations Faculty of Ivane Javakhishvili Tbilisi State University, but more interesting is how intensively they take retraining, as the legislation is one of the most volatile areas.
The Supreme Court’s recently appointed Chairman announces about intensification of disciplinary proceedings and says that this is one of her key priorities.
Secretary of the HCOJ speaks about the complaints submitted to his office concerning disciplinary offenses committed by judges and says that most of them are groundless.
As for the claims expressed in the complaints concerning the delay in the proceedings, the head of the Supreme Council of Justice notes that judges are not able to consider the case on time because of a busy schedule.