The organization “Young Barristers” presented a prepared research and recommendation proposals on the legal issues of Sakhdrisi-Kachaghiani monument, which prepared after studying of factual and legal issues of Sakhdrisi-Kachagiani monument.
The research of the “Young Barristers” answers all those important questions, which acquired in the society and still continues discussions on the issue of Sakdrisi-Kachaghiani monument. In particular, the organization has studied the following circumstances:
What legal actions have been implemented with respect to granting and then removing status of Sakhdrisi-Kachagiani monument;
- What are criterias and standards required the monument to gain cultural, archaeological monument status according to legislation;
- Whether the state acted within its competence during the process of determination the legal status of Sakhdrisi-Kachagiani monument;
- What are the legal arguments the decisions of Common Courts of Georgia are based on regarding Sakhdrisi-Kachagiani monument;
- How to estimate the role of the state regarding the rights of investors and the public interest on the issue of Sakdrisi-Kachaghiani;
The “Young Barristers” appeals to the Government of Georgia, to the Ministry of Cultural and Monument Protection of Georgia and the disputing parties in court with recommendation proposals regarding the problem of Sakhdrisi-Kachagiani monument to create legal mechanisms of solutions and to be taken the following important decisions in this direction:
The Ministry of Culture and Monument Protection of Georgia provide abolition of July 5, 2013 to provide of the contested order, based on which, the status of Sakhdrisi-Kachagiani monument has been removed;
- The Ministry of Culture and Monument Protection of Georgia implement a comprehensive study of the factual and legal circumstances of the Sakhdrisi-Kachagiani monument;
- The Ministry of Culture and Monument Protection of Georgia decide the issue of granting or not granting cultural heritage status to Sakhdrisi-Kachagiani monument, based on the appropriate decision of the Council of the Protection of Cultural Heritage.
- Sakhdrisi-Kachagiani future taking into consideration the private and public interests should be determined by the Minister of Culture and Monument Protection of Georgia, after the issue of granting or not granting cultural heritage status to the monument will be determined;
- The Government is to promote the participation of interested persons in the discussion and decision making process of the Ministry on the issue, however, in a free environment from their influence, in compliance with the requirements of legislation, and in conditions of the establishment of a proper legal analysis and the objective factual circumstances;
- The organization addresses to the disputing parties in court regarding the issue of Sakhdrisi-Kachagiani – to the Government of Georgia, to the Ministry of Culture and Monument Protection of Georgia, to the company “RMG-Gold” and the association “Green Alternative”- take into consideration the above-mentioned conditions, to take a decision about the completion of the litigation by settlement;
The research of the “Young Barristers” has been implemented by the legal group of the organization during two months. Have being introduced received individual legal acts, the written communication between state agencies, the investor company’s appeals, court decisions, national legislation and international experience regarding the status of a cultural monument.