Parliamentary Work Report 2015
Parliamentary Work Report 2015
CONTENT
INTRODUCTION
CHAPTER 1. GENERAL INFORMATION ABOUT THE PARLIAMENT
CHAPTER 2. GENERAL STATISTICS
CHAPTER 3. IMPORTANT EVENTS
3.1. Election of Public Officials by the Parliament
3.2. Approval of the Open Parliament Georgia Action Plan
3.3. Establishment of an Interim Investigation Commission on Sakdrisi-Kachagiani Gold Mine
3.4. Changes in the Parliamentary Majority and Minority
3.5. The Presidents Address to the Parliament
3.6. Initiation of Constitutional Amendments and
Legislative Amendments Related to Electoral System
3.7. Postponement Enactment of Draft Laws
3.8. Vote of Confidence to the Government
CHAPTER 4. IMPORTANT LEGISLATIVE AMENDMENTS
4.1. Progressive Legislative Amendments
4.1.1. Reform of Capacity Institute of Georgia
4.1.2. Code of Juvenile Justice
4.1.3. Ban on Early Marriages with Parental Consent
4.1.4. Mandate Extension for the Confidence Group
4.1.5. Legal Status of Aliens
4.2. Positive Legislative Amendments Needing Refinement
4.2.1. Public Service Reform
4.2.2. Law on the Business Ombudsman
4.2.3. Law on Labour Migration
4.2.4. Legislative Amendments to Drug-Related Offences
4.3. Negative legislative amendments
4.3.1. Separation of the Supervision Function from the National Bank
4.3.2. Amendments to Eviction Regulations
4.3.3. Amendments the Law on the Notaries
4.3.4. Law on State Secrets
4.3.5. Reducing the Scope of Jury Trial
4.3.6. Criminalizing Incitement of Hatred
4.3.7. Amendments to Rules on Witness Interrogation
4.4. Reform of law enforcement system
4.4.1. Reform of the Ministry of Internal Affairs
4.4.2. Prosecution Reform
CHAPTER 5. PARLIAMENTARY CONTROL
5.1. Hearing of Reports of the Bodies Accountable to the Parliament
5.1.1. Hearing of Reports by the State Audit Office and the National Bank of Georgia
5.1.2. Hearing of Reports by Committees and Inviting the Bodies
Accountable to the Parliament to the Committee
5.2. MP Questions: Verbal and Written
5.3. Government Hour in Parliament
5.4. Temporary Investigation Commissions
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5.5. Execution of Control by the Parliament over Implementation of Governmental Acts and the Budget
CHAPTER 6. INFORMATION ABOUT MPS (EDUCATION, AGE, PROFESSION)
6.1. Age of the Members of Parliament
6.2. Education and Specialisation of the Members of Parliament
CHAPTER 7. PARTICIPATION OF WOMEN IN THE ACTIVITIES OF THE PARLIAMENTARY
CHAPTER 8. ACTIVITIES OF PARLIAMENTARY COMMISSIONS AND COUNCILS
8.1. Commission on Restoration of Territorial Integrity
8.2. Council of Gender Equality
8.3. Treasury Council
8.4. Supervisory Council of Budget Office of the Parliament
8.5. State Constitutional Commission and Organizational Committee
for Nationwide Discussions on Constitutional Amendments
CHAPTER 9. ACTIVITIES OF MEMBERS OF PARLIAMENT
9.1. Number of Draft Laws Initiated and Adopted by Members of Parliament and the Initiators
9.2. Number of Speeches Given by Members of Parliament at the Plenary Sessions
9.3. Comments of Members of Parliament on Draft Laws
9.4. Business Trips of the Members of Parliament
CHAPTER 10. PARTICIPATION OF THE MEMBERS OF PARLIAMENT IN THE PLENARY SESSIONS
AND WORK OF THE COMMITTEES; THE ISSUE OF DISCIPLINARY LIABILITY
10.1. Reasonable Cause for Absence from Plenary Sessions and Committee Meetings
10.2. Absence from Plenary Sessions and Committee Meetings without a Reasonable Cause
CHAPTER 11. EVALUATION OF THE WORK OF THE COMMITTEES OF THE PARLIAMENT
11.1. Participation of the Committees in the Legislative Process
11.2. Discussion of Legislative Proposals by the Committees
11.3. Response to the Applications Submitted by the Citizens
11.4. Establishment of Working Groups by Committees and Outcomes of their Performance
11.5. Relationship of Committees with Experts
11.6. Legal Issues Committee Representation in the Constitutional Court
11.7. Activities of the Committee on European Integration
CHAPTER 12. ACTIVITIES OF THE BUREAUS OF MAJORITARIAN
MEMBERS OF PARLIAMENT
12.1. Applications and Problems of the Citizens
12.2. Problems of Voters and Survey Results
12.3. Public Meetings
12.4. Bureaus and Local Self-Government Bodies
12. 5. Cost Estimation of the Majoritarian Bureaus
12.6. Informing the Population
CHAPTER 13. CONNECTION OF THE MEMBERS OF PARLIAMENT WITH
BUSINESS AND UNDECLARED ENTREPRENEURIAL ACTIVITIES
13.1. Connection of the Members of Parliament with Business
13.2. Undeclared Entrepreneurial Activities of the Members of Parliament
CHAPTER 14. PROBLEMS IN THE ACTIVITIES OF THE PARLIAMENT AND
RECOMMENDATIONS OF TRANSPARENCY INTERNATIONAL GEORGIA
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INTRODUCTION
Transparency International Georgia conducts an annual assessment of the Parliaments activities as part of
its parliamentary monitoring program. The parliamentary team of our organization is actively engaged in the
process of monitoring parliamentary performance. It publishes periodic reports in order to inform and update
the public on activities of the Parliament and ensure transparency of its performance.
The parliamentary team of Transparency International Georgia has offices in parliamentary buildings both
in Tbilisi and Kutaisi. TI Georgias 2015 report on the Parliaments performance is based upon analysis of
the information obtained by our organization, observations of our parliamentary offices and statistical data
retrieved from the Parliament.1
The report also presents results of the public opinion poll conducted by CRRC throughout Georgia in March
of 2016 upon request of Transparency International Georgia. According the survey, 2032 randomly selected
respondents were interviewed (except for regions densely populated by ethnic minorities and occupied
territories). The survey is representative for the whole country and average margin of error makes up 3.2%.
We would like to extend our particular gratitude for cooperation to the Organizational Department of the
Parliament of Georgia and its Supervisor Eter Svianaidze.
CHAPTER
The Parliament is the countrys supreme representative body that exercises legislative power, defines primary
directions in the countrys domestic and foreign policies, controls activities of the Georgian Government within
the constitutional framework and exercises other powers granted by the Constitution, other legislative acts
and regulations of the Parliament.
The Parliament consists of 75 members elected through the proportional system and another 73 members
elected through the majoritarian system. The Parliament gets elected for a period of 4 years.
Present Parliament is the parliament of the 8th convocation; it was elected on the 1st of October, 2012 and
its authority expires in 2016, after acknowledgement of authority of the legislative body elected through the
parliamentary elections.
Parliamentary Committees play a vital role in the performance of the Parliament. Committees are established
to facilitate preliminary preparation of legislative issues, promote implementation of decisions adopted by the
Parliament, exercise control over activities of the Georgian Government and the bodies accountable to the
Parliament. The Parliament establishes committees for the period of its own authority.
The following are the Parliamentary Committees:
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In addition, there are factions formed in the Parliament. Factions represent groups of MPs (at least 6 Members of the Parliament), who have come together to achieve their common political goals. Key objective of a
parliamentary faction is to express and pursue its political course with respect to domestic and foreign political
issues in the supreme legislative body.
The Parliament of the 8th convocation had the following composition in 2015:
Factions in the Parliamentary Majority:
Minority Factions:
The United National Movement;
The National Movement - Majoritarians;
The National Movement - Regions;
The faction Free Democrats does not represent either the majority or the minority.
In addition, there are eight independent members, who are not affiliated with any faction:
Davit Bezhuashvili Majoritarian MP (Tetritskaro);
Giorgi Gachechiladze by party list;
Koba Davitashvili by party list;
Murman Dumbadze Majoritarian MP (Batumi);
Zurab Japaridze - by party list;
Pavle Kublashvili - by party list;
Giorgi Khachidze by party list;
Giorgi Meladze by party list.
CHAPTER
GENERAL STATISTICS
Based on the information provided by the Parliaments Organizational Department, during Spring, Fall and
Extraordinary sessions of 2014 the Parliament held 65 plenary sessions including 19 extraordinary ones.
7 sessions failed due to absence of quorum. Over the reporting period, the Parliamentary Bureau held 129
meetings and the committees - 668 meetings.
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The minority boycotted work of the Parliament during Fall sessions and refused to attend plenary sessions
on September 17-18, October 27-28 and November 11-13.
Over the reporting period, one committee meeting failed due to absence of quorum (meeting of the
Legal Issues Committee).
Over the period of 2015 Spring, Fall and Extraordinary sessions, the Parliament adopted 490 laws, 1601
decrees; 49 international treaties, agreements and conventions were ratified, 1 resolution, 2 statements
and 1 application.
In 2015, the President applied his right of veto once on July 31 and imposed a veto on amendments to
the Law on the National Bank.
Over the reporting period, 64 legislative proposals were submitted to the Parliament. Zurab Vanishvili was
a natural person to submit the greatest number of proposals (6 legislative proposals); as for a legal person,
the greatest number of initiatives came from the union of civil and political organizations In the Name of the
Lord Lord is our Truth (4 proposals).
Out of submitted 64 legislative proposals, the Parliament prepared:
4 positive conclusions
14 negative conclusions
In one case, two draft laws were initiated (proposed by the Public Defender)2
In 3 cases, authors recalled their proposals
In one case, a working group was set up3
No decision was adopted with respect to 41 legislative proposals
Diagram 2. Initiators of laws adopted during Spring, Fall and Extraordinary Sessions of 2015
INITIATORS OF LAWS ADOPDET DURING SPRING, FALL AND EXTRAORDINARY
SESSIONS OF 2015
Committees 106
Fractions 3
A/R Ajara 1
Government
of Georgia 326
This information was provided by the Organizational Department of the Parliament, however the information provided by the Committees showed twice the amount of initiated draft laws. See 11.2
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This information was provided by the Organizational Department of the Parliament, however the information provided by the Committees showed twice the amount of initiated draft laws. See 11.4
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CHAPTER
IMPORTANT EVENTS
February 4, members of the Central Election Commission: Zurab Khrikadze, Giorgi Javakhishvili,
Giorgi Chikabiradze
February 19, members of the Georgian National Communications Commission: Merab Katamadze,
Eliso Asanidze, Giorgi Phruidze
March 20, Chairperson of the Supreme Court - Nino Gvenetadze
March 20, member of the Constitutional Court - Merab Turava
June 12, Judges of the Supreme Court were elected -Mzia Todua and Ekaterine Gasitashvili
July 22, Head of the State Security Service - Vakhtang Gomelauri
September 18, members of the Council of the Financial Supervision Agency Eprem Urumashvili,
Ekaterine Galdava, Irakli Kovzanadze, Sasha Ternes; Konstantine Sulamanidze was appointed as Head
of the Financial Supervison Agency
October 27, members of the Prosecutorial Council - Polikarte Moniava, Irma Ckadua
October 27, member of the Energy and Water Supply Regulatory Commission - Giorgi Pangani
November 12, member of the Disciplinary Committee of Judges of Common Courts -Ketevan Bekauri;
Igor Kopaliani
November 27, Chief Prosecutor of Georgia - Irakli Shotadze
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Six recommendations of Transparency International-Georgia were considered in the Open Parliament Georgia Action Plan; the
recommendations pertained to physical presence of people at legislative discussions, commitment to present due justification for
moving changes to the agenda, refining contents of explanatory notes and ensuring proactive publication of parliamentary committee
reports and conclusions.
It is noteworthy that at 2015 Mexico Global Summit of Open Government Partnership (OGP) in 2015, Georgia
was declared a winner in OGP Champions Award among 65 member states of OGP. The call aimed to
demonstrate the best case of cooperation between governmental and civil sectors in the course of the action
plan development.
MP mandate of Tina Khidasheli (Faction Georgian Dream - Republicans) was terminated as she was
appointed as Minister of Defense; the fact was followed by respective changes in the composition of MPs
and the vacated place was taken up by Tamar Khidasheli.
Member of the Parliament Gigla Agulashvili (Faction Georgian Dream - Republicans) was appointed as
Minister of Environment and Natural Resources Protection of Georgia; Teimuraz Nergadze was elected
as an MP through the party list.
After the death of the MP Nauli Janashia, Levan Tarkhnishvili was elected as a member of the Parliament.
David Sakvarelidze MP mandate was terminated; his place was taken up by Eka Kherkheulidze.
Pavle Kublashvili, Giorgi Khachidze, Giorgi Meladze and Zurab Japaridze left the minority to become
independent members of the Parliament.
Tamar Kordzaia left the Georgian Dream faction and joined the faction of the Republicans. She left the
party Georgian Dream as well and joined the Republican Party.
David Saganelidzes MP mandate was terminated, because he was appointed as the CEO of the Partnership Fund. His MP place was taken by Vladimir Achba through the party list.
One member of the faction Georgian Dream was nominated in the composition of the commission. One member would be included
from each of the following factions: Georgian Dream-Republicans, Georgian Dream-Conservatives, Georgian Dream-National
Forum, Georgian Dream-Entrepreneurs, Non Party, Independent Majoritarians, National Movement - Majoritarians, National
Movement-Regions and Independent MPs. Quota of the faction United National Movement was defined by two members; however,
they gave one seat from their quota to the faction Free Democrats. As a result, they came up with two seats in the commission.
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The amendments provide for introduction of a new regional elections system of proportional representation,
under which the Parliament of Georgia will be staffed with 75 members elected through common proportional
system and 75 members elected through regional proportional system. In case of supporting constitutional
amendments, parliamentary elections of 2016 will be held in line with the newly established rules.
Be reminded that abolition of the current majoritarian system was a part of the election program7 of the
Georgian Dream. Non-governmental organizations kept criticizing the current elections system and were
actively advocating for abolishing the majoritarian system.
On December 23, the Parliament adopted amendments to the Election Code of Georgia at the third hearing.
By the amendments, election districts have been defined under a new rule.
Adoption of the draft organic law was triggered by the ruling of the Constitutional Court of Georgia of May 28
of 2015, by which the first part of article 110 of the Election Code of Georgia, stipulating there would be 10
single-mandate constituencies in Tbilisi for the next parliamentary elections, happened to contradict article
14 and first clause of article 28 of the Georgian Constitution. Amendments moved to the initiated draft law
pertained to redrawing borders of election districts. Even though the initiated draft law did reduce discrepancy
between numbers of voters among different majoritarian districts, it still failed to align the system with the
ruling of the Constitutional Court, which in its turn is based upon the standards of the Venice Commission
with respect to equality of votes.8
In some cases, enactment of the same law may be postponed for several times. For instance, during 20142015 the legislative body repeatedly postponed enactment of the following amendments:
https://goo.gl/RT5z4z
Transparency International Georgia ,,Government-proposed majoritarian district reform may be unconstitutional, December 10, 2015
http://www.transparency.ge/node/5704
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8 laws through simplified procedure; 3 laws through general procedure
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Enactment of provisions of three loans was postponed: Law on Moving Amendments to Tax Code; Law on Accounting and Financial
Audit and Law on Insolvency Proceedings.
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Reasons presented in explanatory notes are not convincing; in most cases, the same grounds are repeatedly
stated to account for postponed enactment of laws. According to explanatory notes, the following are the
most frequent reasons for postponement:
In some cases, explanatory notes do not present reasons for postponing draft laws altogether. They do
not indicate which specific circumstances served as an obstacle for the authorities to duly fulfill undertaken
commitments (for example, failure to develop or administer an act within defined timeframe).
On the basis of analyzing current practices, it can be stated that the following are the major problems that
account for postponed enactment of laws:
Failure to duly plan a legislative cycle current practice shows that in the course of drafting laws,
appropriate analysis is not made of the timeframe that will be required for enactment. It could be explained
by the fact that in general initiators do not have the relevant information and adequate knowledge on the
mechanisms and process of execution, on administrative and other costs.
Disorganized processes in public policy it is reflected in poor internal coordination between different
governmental bodies in the process of implementing legislative amendments, as well as failure to involve
various stakeholders and etc. As a result, it seems that the relevant authorities or persons are often unable
to carry out required preparatory work to ensure subsequent implementation of laws.
Lack of preliminary analysis to determine expected legislative impact on various fields - Explanatory notes of draft laws frequently do not contain analysis on the impact laws will have on the economy
and other crucial sectors of the country. Explanatory notes do not present either the negative effects
that could arise from their adoption or enactment, which poses serious problems in terms of proper
regulation of the process.
Composition of the Georgian Government presented to the Parliament for getting vote of confidence and the
governmental program for Powerful, Democratic and United Georgia got registered in the Parliament as a
legislative package on December 27, whereas hearings of respective committees were held on December
28. The very same day, the parliamentary minority had a chance to hear address of the Prime Minister
Candidate. According to Mr. Kvirikashvili, major breakthrough in the economic development would represent
a cornerstone for performance of the Cabinet of Ministers for the coming period. He listed development of
tourism, agriculture, energy sector, transport and communications, full utilization of the Silk Road potential
among the top priorities for the country.
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Statement of the Coalition on the Code of Juvenile Justice prepared by the Ministry of Justice, April 16, 2015 http://goo.gl/niZZGE
Under the proposed amendments, the minimum age of marriage will increase from 16 years to 17. The
new law stipulates as well that parents and guardians will no longer have the right to give consent
to early marriages as the court will be the only official body authorized to issue such permit. Under
the amendments, birth of a child may serve as the only valid ground for approving minors marriage.
Congruent to the draft law, such accommodation of the problem will set out a norm for transitional
period, which will become invalid in one year from its enforcement. By the Civil Code of Georgia, 18
years will be determined as the minimum age of marriage from January 1 of 2017.
Assessment by Transparency International Georgia
Tightening up registration of early marriages and increasing the minimum age of marriage represent a significant step forward in terms of women rights protection. It is noteworthy that in the first half of 2015, 265
marriages (with at least one person being underage) of persons from 16 to 18 years were registered; 1527
underage mothers got registered in 2014.
4.1.4 MANDATE EXTENSION FOR THE CONFIDENCE GROUP
On December 23 of 2015, the Parliament of Georgia passed a law introducing additional control mechanisms
on already performed and future procurements of the Ministry of Internal Affairs. Irakli Chikovani, member of
the faction Free Democrats was the author of the initiative that envisaged changes to the Law of Georgia
on State Procurement.
Following the moved amendments, the Ministry of Internal Affairs shall present to the Legal Affairs and
Defense and Security Committees detailed information about pending unclassified procurements,
provided that estimated price of goods or services exceeds 2 000 000 GEL and estimated cost of
pending construction work exceeds 4 000 000 GEL; in addition, at least once a year it will be obliged
to submit a summary report on performed unclassified procurement activities.
The draft law was registered in the Parliament on the 13th of February, 2015. Review of the draft took quite
a long time. At the second hearing, 15 members of the Parliament voted against the draft 14 of them were
from the faction the Georgian Dream while 1 was a member of the Georgian Dream National Forum.
The draft law was adopted at the third hearing with 85 votes in favor and 0 votes against.
Assessment of Transparency International Georgia
Adoption of the law is a significant step forward in terms of increasing accountability of the Ministry of Internal
Affairs towards the Parliament, ensuring greater transparency of the procurement process run by the Ministry
and increasing public awareness.
4.1.5 LEGAL STATUS OF ALIENS
Tightened visa regulations, that took effect on September 1 of 2014, have repeatedly become a subject of
criticism for representatives of civil and business sectors as well as government officials. The new law prepared
by the Ministry of Justice on Legal Status of Aliens and Stateless Persons has imposed unjustified barriers for
foreigners willing to arrive in Georgia for purposes of tourism, family reunification or labor, adversely affecting
overall investment climate of the country.
Since the day of its enactment on September 1 of 2014 to May 2015, the law had been amended three times;
however, major problems still remained unsolved.
Transparency International Georgia closely followed and kept watch over the given reform; we repeatedly
expressed concerns about inherent problems in the migration policy. We provided a detailed outline of prob15
lems posed by the new law and addressed the government with our recommendations as early as 2014. Only
insubstantial part of suggestions were accounted for; a great number of problems still remained unaddressed
in visa and migration rules of the country. Thats the reason Transparency International Georgia addressed
the Parliament with a legislative proposal, offering an effective accommodation of the existing problems. After
the legislative proposal of TI Georgia, on March 13 the government registered in the Parliament fourth draft
of amendments, which covered large part of our recommendations. Transparency International Georgia was
actively involved in committee meetings, at which our legislative proposal was considered along with the
government draft laws.
As a result of discussions, the Foreign Relations Committee accepted nearly all of our recommendations and
adopted the draft law on April 28 at first hearing. Ultimately, on May 8 the Parliament adopted amendments
by three hearings and removed major part of unreasonable barriers. It is particularly noteworthy that in the
course of elaborating on the given issue, the government, the parliament and non-governmental organizations
have demonstrated effective and productive cooperation. Constructive approach of draft law authors towards
our recommendations was highly welcome and we hope that such practice of cooperation will persist in future
as well. As a result of amendments, the government adopted a resolution12 on June 5 allowing citizens of
the countries having no visa regime with Georgia to stay in the country for 360 days instead of previously
defined 90 days.
Assessment of Transparency International Georgia
The Parliament of Georgia took into account overwhelming majority of amendments set out in our legislative
proposal. One important issue that the legislative body chose to decline pertained to denying issuance of
the residence permit on the grounds that a persons stay in Georgia could be unadvisable (article 18,
paragraph 1, clause a). The given clause is ambiguous and its broad interpretation may give rise to
certain problems. To obtain a visa, a person goes through security checks in Georgia; hence, checking
a person for the same goal for the second time is devoid of rationale and leads to additional artificial
barriers.
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http://info.parliament.ge/#law-drafting/8234
Transparency International Georgia - New law must ensure institutional independence of Business Ombudsman, March 18, 2015
http://goo.gl/NJzWOR
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Transparency International- Georgia, Draft Law on Labor Migration: new, unjustified barriers for business, February 9, 2015,
http://goo.gl/iOomC9
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Since labor activities of Georgian citizens outside Georgia required regulation, adoption of the final
version of the Law on Labor Migration should be assessed as a positive development.
4.2.4 LEGISLATIVE AMENDMENTS TO DRUG-RELATED OFFENCES
On July 8 of 2015, the Parliament of Georgia approved amendments to the Criminal Code of Georgia (Ministry of Justice, the Prosecutors Office and Ministry of Internal Affairs were the authors, the Government of
Georgia was an initiator). By the given amendments, illicit preparation, production, purchase, keeping and
shipment of drugs, their analogy, precursors or similar psychoactive substances have been separated
from their illicit realization. In addition, severity of punishment has been changed; namely, for illicit
preparation, production, purchase, keeping, transfer and shipment of such substances maximum
term of imprisonment has been reduced from previously defined 11 to 6 years. As for realization of
drugs, liability has been toughened and term of imprisonment has been defined from 6 to 11 years. Tougher
approaches have been introduced towards qualifying norms as well. The draft law set forth grounds for lifting
liability from a person in case of voluntary surrender.
It is noteworthy that on October 24 of 2015, the Constitutional Court of Georgia declared paragraph 2 of
article 260 of the Criminal Code, which envisaged imprisonment of a person for consumption of marijuana,
unconstitutional. Congruent to the ruling of the Constitutional Court, dried marijuana up to 70 grams, for which
a plaintiff faced a danger of imprisonment, didnt represent that big amount to explicitly indicate intention or
threat of realization. Hence, the Court announced unconstitutional the normative content of the provision,
which allowed imprisonment as punishment for purchase/keeping of marijuana for personal use.
Assessment of Transparency International Georgia
Separation of illicit preparation, production, acquisition, keeping and shipment of drugs from their illicit realization should be considered as a step forward.
It is recommended that the government revises drug policy, develops a common vision on new standards and timely aligns the legislation with the ruling of the Constitutional Court.
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http://goo.gl/7T1ujn
On October 12 of 2015, plenum of the Constitutional Court received a constitutional claim for consideration Group of Members of Parliament (Zurab Abashidze, Giorgi Baramidze, David Bakradze and others, 39 MPs
in total) against the Parliament of Georgia.
Claimants disputed amendments to various legislative acts, including the ones moved to the Organic Law
on the National Bank, by which a legal entity of public law Financial Supervision Agency of Georgia was
established and put in charge of the functions performed by the National Bank prior to enactment of disputed
norms. According to claimants, the powers transferred to the agency were vital for supporting stable operation
of the financial sector; congruent to paragraphs 1 and 4 of article 95 of the Constitution, such powers could
only be within the competence of the National Bank of Georgia.
The Constitutional Court of Georgia concluded that before final settlement of the claim, the disputed norms
could undermine not only stability of the countrys financial and banking sector, but also lead to irreparable
damage to rights and interests of specific individuals (participants of banking relations, investors, depositors);
therefore, the Court adopted a resolution in favor of suspending the disputed norms.
Assessment of Transparency International Georgia
Prior to its adoption, we presented and highlighted shortcomings of the draft law.
In addition, Transparency International Georgia submitted to the Constitutional Court of Georgia in the framework of the amicus curiae its views on the constitutionality of the disputed provisions.
Legislative amendments pose the following problems:
The National Bank retains its constitutional power to promote stability of the financial sector; however, it
is deprived of appropriate tools and instruments.
Financial Supervision Agency is set up, which fully assumes banking supervision function of the National
Bank but it does not represent a structure subordinated to the National Bank.
The National Bank is responsible for technical and material maintenance of the Agency; however, the
Agency bears no accountability towards the National Bank
Amendments violate independence of the National Bank envisaged by the Constitution; the Bank is obliged
to carry out certain activities based on request of the Agency notwithstanding appropriateness of request.
Analysis of legal norms confirms that the amendment contradicts the Constitution, as it restricts
constitutional authority of the National Bank, leaving it with just formal powers.
4.3.2 AMENDMENTS TO EVICTION REGULATIONS
On December 11 of 2015, following tense and extensive discussions, the Parliament adopted the initiative of
the Legal Affairs Committee (author of the initiative - member of the Parliament Paata Kiknavelidze), which
provided for moving amendments to the Civil Code and the Civil Procedure Code, as well as to the Law on
Police and the Law on Enforcement Proceedings.
The proposed amendments removed section 3 of article 173 of the Civil Code of Georgia, which entitled a person without a court order to address the police with a request of evicting illegal/unlawful
possessor of immovable property, if the alleged intruder didnt have written document verifying
property ownership, legitimate possession and/or right of its disposal.20
The draft law was criticized by the parliamentary opposition, Association of Banks of Georgia, Business
Ombudsman, representatives21 of civil society (including Transparency International Georgia), as well as
representatives of the World Bank and International Monetary Fund. The presented initiative triggered contra-
Transparency International Georgia, New Eviction Rules Unreasonably Limit Property Rights, October 29, 2015
http://goo.gl/OXPXEN
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http://goo.gl/Dz5FEo
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dictory reactions among the business sector representatives. A number of meetings were held with committee
members. The draft law was negatively assessed by the Public Defender as well.22 In the course of ongoing
discussions, committee members held a closed meeting with representatives of the Business Association
and the National Bureau of Enforcement.23
At the second hearing of the draft law, changes were moved to the proposed initiative - as an exception, it
became possible to evict a person by the police if there was a reasonable suspicion on unauthorized intrusion
into an apartment or other premises. According to the explanatory note of the draft law, the given change
was triggered by substantial legal faults, which had been present since 2007 in non-court eviction practices,
including eviction by the police.
Assessment of Transparency International Georgia
We believe that the new regulations unreasonably restrict property ownership rights. The law-envisaged rule will lead to negative consequences for citizens engaged in Georgia-based commercial
banks, microfinance institutions, credit unions, leasing and development companies and real estate
sector. We believe that this in its turn will adversely affect economic development of the given sector. Risks
of negative consequences were not mitigated either by the amendments moved during the second hearing.
Even though the law is aimed at protecting rights of real estate owners, in particular rights of mortgagees,
it will not achieve it. After enactment of the law, real estate owners will merely be given certain time before
being evicted by the court. In addition, appeals to the court will significantly increase, which will only result in
a delay of a persons eviction. Courts will be even more overloaded, which will negatively impact consideration
of other ongoing cases.24
4.3.3 AMENDMENTS TO THE LAW ON THE NOTARIES
On December 10 of 2015, the Parliament of Georgia adopted the government-initiated draft law (author - Ministry of Justice) on moving amendments to the Law on the Notaries and the Tax Code of Georgia. Congruent
to the amendments, during the first 3 years newly appointed notaries will have to carry out notary
activities in high mountainous regions or in settlements having no appropriate outreach to notary
services. Furthermore, a notarys refusal to be allocated to a defined settlement will result in refusal
to appoint the person as a notary. Throughout the period of the notarys activities, financial assistance will
be provided by the Notary Chamber of Georgia. The law does not specify what type of financial assistance
is envisaged. According to the explanatory note of the law, financial assistance implies monthly 100 GEL
allowance for low-income notaries; in some cases, it could be reimbursement for apartment rent or provision
of required technical hardware.
Assessment of Transparency International Georgia
According to Transparency international Georgia the law imposes unjustified restrictions on the notary
services. With the presented contents the law cannot provide for achieving the set objective - delivery of notarial services to the population in the areas that are currently deprived of such services.
Gross interference of the state in the notaries activities poses long-term risks and undermines future
development of the given sector.25
Proposed provisions of the law blatantly interfere in labor rights of the notaries. It is noteworthy that concerning the notarys institute the Constitutional Court of Georgia clarified in its 13 November 2014 record that a
notarys position must regarded as the state position stipulated in Article 29 of the Constitution of Georgia and
statutory terms for its occupation must be consistent with the above-mentioned constitutional norm. Hence, it
must be reasonable and must not create artificial obstacles for holding the position. Regulations of the draft
law raise additional questions on the compliance of such extra obligations with constitutional requirements.
http://goo.gl/Npg5JX
http://goo.gl/LGxXsp
24
Transparency International - Georgia, draft law on evictions is a risk, June 5, 2015 ,http://goo.gl/2RYJf1
25
Transparency international Georgia, new draft law to undermine proper functioning of notarial services October 15, 2015,
http://goo.gl/ope9Wk
22
23
20
Reducing scope of the jury trial needs to be duly justified. The issue of scope reduction should not
be guided by political motives or legal preferences, it should not depend on likes and dislikes of
members of the Parliament. Talks on the mandate of jury trial should be brought within the framework of
systemic discussions.
4.3.6 CRIMINALIZING INCITEMENT OF HATRED
On June 12 of 2015, the Parliament passed an amendment to the Criminal Code of Georgia. According to
the given amendment public calls made verbally, in writing or through other forms for inciting hatred
and causing discord between racial, religious, national, ethnic, social, political, linguistic and/or other
groups and public calls that pose obvious, direct and substantial danger of violent acts, shall be
punishable by a fine from two hundred to four hundred GEL or community service. The same action,
followed by severe damage to human health, death or other serious consequences is punishable by
imprisonment from two to five years. For the action envisaged under the given article, legal entity
shall be punished by liquidation or deprivation of license and fine.
Assessment of Transparency International Georgia:
The given draft law was negatively assessed by the civil sector right upon its initiation. During the committee
discussions, initiator of the draft law took into account remarks made by non-governmental organizations
and modified wording of the provision to include in the definition of punishable activity obvious, direct and
substantial danger of violent acts. Even though consideration of the given remark has substantially improved
legislative amendments, we believe that the governments efforts directed at regulating the freedom of
expression should be regarded as a step backwards in terms of democracy and development.
4.3.7 AMENDMENTS TO RULES ON WITNESS INTERROGATION
On December 18 of 2015, the Parliament approved the amendments to the Criminal Procedure Code of
Georgia, which established new rules for witness interrogation.
Amendment which envisaged interrogation of witnesses only at the court proceeding was moved in 2009;
however, from the date of adoption, its enactment has been postponed 7 times.
In 2015 a working group was set up under the Legal Affairs Committee, in which along with the parliament
members and government officials, non-governmental sector representatives were involved. The working
group failed to work out the draft law. Finally, the legislative body voted in favor of the draft law developed by
the Ministry of Justice and initiated by the government.
The draft law envisages the possibility of compulsory questioning of a witness by a magistrate judge in case of
witness refusal to participate in voluntary interrogation. The given authority is granted only to the prosecution
and to secure questioning by the magistrate judge, he has to prove that a person holds information relevant
to the circumstances of the case. The Judge satisfies motion of the prosecution if appropriate standard of
evidence is present there is solid reason to believe that the person actually holds essential information
related to the criminal case.
The draft law also clarifies the above-mentioned standard of evidence; it means there are facts and/or information evident allowing an unbiased person to conclude that a person may be holding information required
for investigating circumstances of the criminal case.
22
of legal state of the defense and jeopardize overall equality of the parties. We believe that enactment
of the proposed rule will trigger a number of serious legal and practical problems in future.
23
system and therefore, the ongoing process could not be assessed as such.
Assessment of Transparency International Georgia
Establishment of the Prosecutorial Council was a positive step; however, existence of an effective and
independent Prosecutorial Council largely depended on the rule of its staffing.
Rule of staffing the Prosecutorial Council as well as qualification/professional criteria for the chief prosecutorial candidate, rule of appointment and dismissal fail to provide for selecting the best candidate to the
position of the Chief Prosecutor based on professional skills and do not ensure non-political nature
of the selection process.
Transparency International Georgia has the following key concerns with respect to the law:
As the Parliament finally approves the Chief Prosecutor by simple majority of votes, support of just the
ruling political party is sufficient. The given fact is not counterbalanced either by the rule of candidate
selection in the Council, as the draft law allows for the possibility to select those candidates in the Prosecutorial Council, who are acceptable for the ruling party.
Minister of Justice still remains the Head of the Prosecutorial Council, retains the power to unilaterally
nominate its candidates and besides, holds other significant powers with respect to functioning of the
Prosecutorial Council.
The draft law does not establish clear qualification/professional criteria to be met by candidates to the
Chief Prosecutor; as a result, the Prosecutorial Council remains restricted by the decision made by the
Minister of Justice at his/her sole discretion.
The revised draft law still contains systemic problems, such as exceedingly politicized processes for
dismissing the Chief Prosecutor, flawed mechanisms of the procedure for selection and temporary
appointment of acting Chief Prosecutor, vague nature of his proceedings, lack of legal safeguards for
the Chief Prosecutor and exclusion of the court from the entire process. Disciplinary procedures of the
Chief Prosecutor are rather obscure as well.
Opinion Poll Results
Transparency International Georgia got interested whether citizens of Georgia were well informed about the
prosecution reform.
Diagram 3. Public opinion poll results about the prosecution reform
HAVE YOU HEARD ABOUT THE PROSECUTION REFORM, WHICH ALONG WITH OTHER
AMENDMENTS, CHANGED THE RULE OF APPOINTING AND DISMISSING THE
CHIEF PROSECUTOR?
100
90
80
70
70
60
50
40
30
28
20
10
0
Yes
24
No
Diagram 4. Public opinion poll results on the draft laws adopted by the Parliament
DO YOU AGREE OR DISAGREE WITH THE FOLLOWING STATEMENT: THE PARLIAMENT ADOPTS
LAWS BENEFICIAL FOR GEORGIA BASED ON THE TYPE OF SETTLEMENT
Fully agree
Agree
Disagree
Fully disagree
100
90
80
70
60
50
46
41
39
40
30
22
19
20
15
17
9
10
0
22
19
Capital
Urban settlement
Rural settlement
25
CHAPTER
PARLIAMENTARY CONTROL
Congruent to article 48 of the Constitution of Georgia, the Parliament is the supreme representative body.
Along with performing legislative activities and defining key directions in the countrys domestic and foreign
policies, its primary functions include oversight of government activities.
According to the Georgian legislation, there are several mechanisms available for parliamentary control:
Hearing of reports of the bodies accountable to the Parliament
Invitation of accountable bodies to committee meetings
MP questions
Governmental hour
Establishment of the investigation commission
Control over implementation of normative acts
Confidence Group activities
Transparency International Georgia studied practical application of each control mechanism by the Parliament in 2015. The Parliament had not exercised several options of control mechanism; for example,
governmental hour had not taken place.
Despite 5 requests submitted by the minority, temporary investigation commission had not been
established.
Control over governmental acts is ineffective and needs to be improved.
In some cases, Members of Parliament inappropriately employ mechanism of MP questions and get interested in information about a particular person or institution. Practice of responding to MP questions revealed
that in most cases rules and procedures of responding are violated.
MP question by a group of ten members of the Parliament or a Parliamentary Faction has not been
exercised during the reporting period.
at the plenary session on September 18, heard as a note 2014 activity report of the National Com
26
5.1.1 HEARING OF REPORTS BY THE STATE AUDIT OFFICE AND THE NATIONAL BANK OF GEORGIA
At the plenary session, the Parliament of Georgia has not heard activity reports for 2015 by the State Audit
Office and the National Bank of Georgia. Neither did the Parliament hear the given reports in 2014. Congruent
to article 3 of the Rules of Procedure of the Parliament, it is the prerogative of the parliament to exercise
parliamentary control over officials and bodies accountable to it. Congruent to articles 227 and 239
of the Rules of Procedure, the Parliament controls activities of the State Audit Office as envisaged by the
Constitution of Georgia and other legislative and sub legislative acts. Once a year, no later than June 1 of the
following year the State Audit Office shall present its activity report. After reviewing the report, the Parliament
shall adopt relevant resolution. According to article 239 of the Rules of Procedure, the National Bank which is
accountable to the Parliament and represents a banker and fiscal agent of the Georgian government, as well
as the Financial Supervision Agency of Georgia shall submit their annual activity reports to the Parliament
each year, no later than 4 months after the end of the previous fiscal year.
Thus, despite the statutory requirement to present an activity report, the State Audit office has not performed
its obligation.
In 2015, the Parliament didnt review at its plenary session an activity report of the National Bank. The
given issue was brought to the fore and particularly emphasized due to depreciation of the national currency,
which substantially aggravated economic situation in the country; representatives of the government kept
on expressing their complaints on activities of the National Bank. President of the National Bank repeatedly
called for considering the report at the plenary session.
It is not quite clear on what grounds the Parliament neglects statutory requirements. Congruent to norms of
the Rules of Procedure, it is essential that the Parliament hears reports presented by accountable bodies.
5.1.2 HEARING OF REPORTS BY COMMITTEES AND INVITING THE
BODIES ACCOUNTABLE TO THE PARLIAMENT TO THE COMMITTEE
Transparency International Georgia decided to determine which institutions had presented reports at committee
hearings, how many sessions were devoted to discussion of the issue and heads of how many accountable
bodies were invited at the committee sessions.
Congruent to article 45 of the Rules of Procedure of the Parliament, a member of the government, an official
elected by the Parliament as well as an official whose appointment has been approved by the Parliament, shall
be entitled and upon request shall be obliged to attend committee meetings, answer questions raised
during sessions and submit activity reports. Immediately upon a respective request, committee will be
obliged to hear reports of such officials.
The information submitted by the committees on the one hand does not indicate the agencies reports of
which were considered and on the other who specifically was representing a particular agency. The information presented by the committees does not specify whether representatives of the government and other
structures were invited for purposes of hearing reports or for considering other vital and problematic issues
by committee initiative.
While studying the issue, two key problems were identified:
Compared to practices of developed and democratic countries, parliamentary committees do not
employ the given possibility envisaged by the law at proper frequency and with due effectiveness.
Members of the Government do not take accountability towards parliamentary committees with
due responsibility; in most cases different Ministries are represented not by Ministers themselves,
but rather by Deputy Ministers and Heads of Ministrys structural units.
27
28
5. Sector Economy and Economic Policy Committee dedicated 12 sessions to hearing of reports by
the bodies accountable to the Parliament - 6 sessions were devoted to hearing of governmental reports,
namely: 1 session on GEL exchange rate (the session was attended by the Minister of Finance and
the Minister of Economy and Sustainable Development, President of the National Bank of Georgia); 1
session on the ongoing vintage in Kakheti (attended by the Minister of Agriculture); 2 sessions on
declaring vote of confidence to the governmental program and composition of the government (attended
by Minister of Economy and Sustainable Development, Minister of Finance, Minister of Regional Development and Infrastructure and Minister of Agriculture); 2 sessions state budget implementation (attended
by Deputy Ministers of Finance, Economy and Sustainable Development and Energy); sessions were
attended as well by heads of legal entities of public law subordinated to the Ministry of Economy and
Sustainable Development, head of the agency under the Ministry of Energy and and 3 legal entities
of public law. 2 sessions reports by regulatory authorities, namely: 1 session report by the National
Energy and Water Supply Regulatory Commission (the meeting was attended by the Chairman and its
members); 1 - report by the National Communications Commission (the meeting was attended by the
Chairman of the Commission and its members). 1 session was dedicated to hearing of report by the
Public Broadcaster (attended by the Chairman of the Board of Trustees and its members); 1 session
hearing of activity report by National Statistics Office of Georgia (attended by the Executive Director
and Deputies); 1 session - on switch to digital broadcasting (attended by the Chairman of the Digital
Broadcasting Agency); 1 session activity report by the Innovation and Technology Agency (attended
by the Chairman and Deputy Chairman of the Agency);
During the reporting period, Sector Economy and Economic Policy Committee called 6 government
officials. All six persons attended the sessions.
6. Diaspora and Caucasus Issues Committee dedicated 14 sessions to hearing of reports by accountable
bodies. The sessions were attended by different Ministers as well as Deputy Ministers. However, the
Committee does not indicate specific agencies presenting reports and specific officials representing them.
According to the committee information, the following bodies have repeatedly participated in committee
sessions and presented their reports: Ministers and Deputy Ministers of Foreign Affairs, Minister and
Deputy Minister of Finance, State Minister and Deputy Minister for Diaspora Issues, State Minister on
European and Euro-Atlantic Integration, First Deputy of the Minister for Reconciliation and Civic Equality,
Deputy Justice Minister, Deputy Minister of Labour, Health and Social Affairs, Deputy Minister of Economy and Sustainable Development, the Acting Chairman of Government of the Autonomous Republic
of Abkhazia, other members of the government (the committee does not name specific members of the
government) and First Deputy Public Defender of Georgia. The committee has not invited government
officials for any other occasion.
7. During the reporting period, Committee on European Integration heard a report presented by the Office
of the State Minister of Georgia on European and Euro-Atlantic Integration and Ministry of Foreign Affairs
on Atomic Energy Community of Georgia on the one hand and the European Union and the Europe on
the other, Association Agreement between their member states and implementation of 2015 national
action plan on the Association Agenda between Georgia and the European Union; in addition, the committee heard a report presented by Ministry of Economy and Sustainable Development on Deep and
Comprehensive Free Trade Area Agreement with the European Union (DCFTA); reports by the Office of
the State Minister on European and Euro-Atlantic Integration and Ministry of Foreign Affairs on progress
of the government program for Powerful, Democratic, United Georgia. The committee heard reports as
well on implementation of action plan with regard to visa liberalization, presented by representatives of
executive authorities involved in inter-agency working group; the committee reviewed 2016 national action
plan of the Association Agenda presented by the government. The committee dedicated 4 sessions to
consideration of the given issues. Apart from hearing reports, the committee has not invited government
officials for any other occasion.
8. Defense and Security Committee heard report of the Defense Minister twice.
9. Legal Issues Committee dedicated 7 sessions to hearing of the reports presented by the bodies
accountable to the government and the Parliament. Within one session, several reports were covered
which pertained to: 2014 activity report by LEPL Legal Aid Service, 2014 activity report by the Personal
Data Protection Inspector, 2014 report on implementation of state budget, 2014 report by the State Audit
Office, overview of 3-month performance of 2015 budget, 6-month report on 2015 budget, 2014 report
by the National Communication Commission and information on key work objectives of the Commission
for 2015-2017. Committee hearing (attended by Tea Tsulukiani, Minister of Internal Affairs Vakhtang
Gomelauri, Minister of Justice Giorgi Mgebrishvili) was dedicated to declaration of vote to the government
composition presented by the President and the updated government program presented by the Prime
Minister; declaration of confidence was attended by Tea Tsulukiani, Giorgi Mgebrishvili, Kakha Kakhishvili.
Apart from hearing reports, the committee has not invited government officials for any other occasion.
10. Regional Policy and Self-governance Committee dedicated 13 sessions and 12 working meetings
to hearing of the reports by the accountable bodies. The committee meetings were attended by 63 officials from accountable agencies, including 12 government members, 43 deputy ministers, and heads
of departments within the structure of the Ministry. Apart from hearing reports, the committee invited 12
government officials on other occasions; 10 officials attended committee meetings (in two cases, their
deputies attended with preliminary consent of the committee).
11. During the reporting period, Foreign Relations Committee heard a report on the activities carried out
by the Ministry of Foreign Affairs in several stages. The sessions were presented by five Deputy Minister
of Foreign Affairs with their respective curatorial departments (13 departments, one legal entity of public
law). During the reporting period, the Committee heard as well the updated government program For
Powerful, Democratic, United Georgia of the composition of the Government and the Prime Minister
29
presented by the President for getting vow of confidence. Committee hearings of the Minister of Foreign
Affairs Tamar Beruchashvili, State Minister on European and Euro-Atlantic Integration David Bakradze,
and Minister of Diaspora Issues Gela Dumbadze took place. The committee heard 3-month overview
on implementation of 2015 state budget, presented by the Ministry of Finance; it got familiar with the
report on 2014 state budget implementation, information on key macroeconomic projections and basic
directions of Ministries of Georgia; committee hearing was dedicated as well to consideration of activities
carried out by the Ministry of Foreign Affairs; First Deputy Minister of Foreign Affairs acted as a speaker.
Apart from hearing reports, the committee has not invited government officials for any other occasion.
12. In the process of declaring a vow of confidence to the government, the Procedural Issues and Rules
Committee heard reports presented by Heads of Ministries of Justice, Defense, Internal Affairs, Corrections and Probation and the Ministry of Internally Displaced Persons from the Occupied Territories,
Accommodation and Refugees; State Minister of Georgia for Reconciliation and Civic Equality. Apart
from hearing reports, the committee has not invited government officials for any other occasion.
13. Budget and Finance Committee dedicated 9 sessions to hearing of reports by accountable bodies.
The sessions were attended by representatives of the Ministry of Finance, the National Bank, and the
State Audit Office. However, the Committee does not indicate who specifically represented the given
agencies. Apart from hearing reports, the Budget and Finance Committee had called two members of
the government (the Committee does not specify the members), President of the National Bank and the
Auditor General.
14. Sports and Youth Issues Committee dedicated 7 sessions to hearing of reports by accountable bodies;
the sessions were attended by Ministers of Sport and Youth Affairs Levan Kipiani and Tariel Khechikashvili
as well as four Deputy Ministers. Apart from hearing reports, Sport and Youth Issues Committee had
twice called Minister of Sport and Youth Affairs (both times attended the meetings).
15. Healthcare and Social Issues Committee dedicated 12 sessions to hearing of reports by accountable
bodies. The Committee discussed the confidence for the government composition and state program,
in the framework of which the committee listened to the Minister of Labour, Health and Social Affairs of
Georgia David Sergeenko. During the reporting period, the committee listened to four legal entities of
public law. The Deputy Minister of Labour, Health and Social Affairs presented the report on the fulfillment
of the Prime Ministers program Strong, Democratic, United Georgia. During the reporting period, the
Minister of Labour, Health and Social Affairs presented information on future activities and the state
program for the elimination and treatment of Hepatitis C in Georgia. The committee listened to the report
on the fulfilment of the state budget, state audit office and general information on microeconomic trends.
30
26
Congruent to article 59 of the Constitution of Georgia, a member of the Parliament shall be entitled to apply with a question
to the bodies accountable to the Parliament, the Government, a member of the Government, heads of executive bodies of the
territorial units of any level, state institutions and to receive answers from them. A group of at least ten members of the Parliament
or a Parliamentary Faction shall be entitled to apply with a question to any body accountable to the Parliament, the Government, a
particular member of the Government the latter being obliged to answer the raised questions at a sitting of the Parliament.
Congruent to article 60 of the Constitution, A member of the Government, an official elected, appointed or approved by the Parliament, shall be entitled and in case of request shall be obliged to attend the sittings of the Parliament, its Committee or Commission, to answer the raised questions at a sitting and submit an account of an activity. At a request, such an official shall be heard by
the Parliament, Committee or Commission.
Rules of Procedure of the Parliament outline mechanisms of parliamentary control and provide for legislative
regulation of MP questions. Congruent to article 221 of the Rules of Procedure, in case of application with
a question, each body and each official accountable to the Parliament shall be obliged to present a written
response to the Parliament within 15 days from submission of the question. In agreement with the author of
the question, the given period may be extended by additional 10 days. Congruent to the Rules of Procedure,
an official shall be entitled to refrain from answering a question only in case if the respective information
concerns state or military secrets. The answer shall be signed by the parties defined under the given article or
heads of respective agencies. Congruent to the Constitution and Rules of Procedure of Georgia, the answer
may become a matter of discussion of the Parliament.27
Questions put forward by members of the Parliament and respective responses represent information of the
public domain, though in practice they do not get published. On July 17 of 2015, the Parliament of Georgia
adopted the Open Parliament Georgia Action Plan 2015-2016. By recommendation of Transparency International Georgia, the obligation of the Parliament to proactively disclose statistics and publish all provided
responses to MP questions on the Parliaments website has been included among the other liabilities in
the action plan. Timeframe for implementation of the given obligation has been defined as the period from
September 2015 to September 2016.
During 2015, no verbal or written question had been raised by a group of ten members of the Parliament or a parliamentary faction.
From the total number:
The greatest number of questions came from Giorgi Gabashvili - 159
The greatest number of questions were addressed to Minister of Education and Science Tamar Sanikidze
19 question remain unresponded
Key areas of interest for MPs Bonuses of members of the government, deputy ministers; salary supplements, government expenditures.
In 2015, mechanism of MP questions was applied by 18 members of the Parliament, 361 questions were
submitted.
27
By the majority of its full composition, the Parliament is entitled to raise the issue of liability of specific government members
before the Prime Minister. Congruent to article 289 of the Rules of Procedure of Georgia, members of the government, government-elected officials as well as other officials involved in activities of the Parliament shall bear liability for violating the Rules of
Procedure. Liability of an official arises as well if he violates the determined procedure of answering MP questions, provides false
information or impedes members of the Parliament to exercise their rights granted under the Rules of Procedure and other legislative and sub-legislative acts of Georgia. In such cases, the Procedural Issues and Rules Committee will consider facts of violation
and submit the issue to the Parliamentary Bureau for offering further response; after that, the Parliament will be entitled to adopt a
resolution or decree on applying appropriate statutory measures towards the specific official in charge of violation.
31
Free Democrats
Minority
Majority
Giorgi Gabashvili
159
Khatuna Gogorishvili
46
Giorgi Baramidze
36
Levan Tarkhnishvili
28
Zurab Japaridze
26
Irakli Chikovani
14
Irma Nadirashvili
12
Tariel Londaridze
12
Sergo Ratiani
Mikheil Machavariani
Zurab Tkemaladze
Giorgi Tsagareishvili
Giorgi Meladze
Giorgi Zhvania
Gia Zhorzholiani
Giorgi Vashadze
Giorgi Volski
Kakhaber Okriashvili
1
0
20
40
60
80
100
120
140
160
180
Given the current practice of MP questions, it can be stated that executive authorities rarely pose
questions on crucial issues related to public policy implementation. In some cases, from the content
of a question, it is hard to judge whether parliamentary oversight is an ultimate objective; questions
may refer more to specific fields of business rather than effective application of executive power.
While assessing existing data it should be noted that:
Members of the Parliament rarely get interested in implementation of the government program by the
executive authorities or other important issues in the field of public policy. In 2015, members of the Parliament have raised no questions with regard to cooperation and integration of Georgia with European
and Euro-Atlantic structures.
Through MP questions, members of the Parliament get information about permits on specific constructions, imports related to particular business types. In most cases, MP questions do not cover principal
issues with regard to effective implementation of executive power.
Answers by members of the government mostly are not comprehensive and they are signed not by
ministers themselves but rather by other employees of the ministry; for instance, it can be a person in
charge of issuing public information or head of some department. In some cases, if author of the question
is a member of the minority, response of the Minister is addressed not to the author of the question, but
rather to the Chairman of the Procedural Issues Committee
statutory mechanisms envisaging liability of government members for violating defined procedures of
answering MP questions, do not work in practice.
32
Inefficiency of parliamentary oversight in Georgia is further demonstrated by attitude of the Government members towards MP questions.
Congruent to Article 221 of the Rules of Procedure, an answer shall be signed only by the addressee of a
question, that is, head of the body accountable to the Parliament. MP question is a form of executing parliamentary control and it is not about disclosure of public information; however, provided answers are frequently
signed not by Ministers themselves, but rather by Deputy Ministers. Answers sent by Ministries mostly tend
to be incomplete, contain highly general information or reference that relevant information is available on the
website of the Ministry. However, posting of information on the web page does not release a person from the
obligation of disclosing information. In some cases, members of the government send their responses not to
the author, but rather to the Chairman of the Procedural Issues and Rules Committee Giorgi Kakhiani. Such
facts mostly occur when questions come from members of the parliamentary minority. In case an addressee
of a question does not provide an answer within the timeframe defined by the law, Chairman of the Procedural
Committee re-forwards the question, urging the addressee to provide an answer. Some Ministers condescend
to answer questions only after such reminder, still addressing their responses to the Chairman of the Procedural Committee. Statutory mechanisms do not work effectively. For example, inappropriate handling of MP
questions by members of the government has never become a matter of discussion at plenary sessions of
the Parliament.28
Transparency International Georgia, importance of parliamentary oversight (MP questions), December 7, 2015 2015 http://
goo.gl/eqm0ED
28
33
34
29
30
35
5. Sector Economy and Economic Policy Committee has held 3 sessions on execution of normative acts,
one of which pertained to implementation of Association Agreement between Georgia and the European
Union; 1 session, switch to digital broadcasting; 1 - session, food safety. The committee has reported three
times to the Parliamentary Bureau and once at a plenary session on execution of normative acts within its
competence. With a view to controlling budget implementation, two meetings have been held: at the 1st
meeting, report on 2014 state budget implementation was considered, whereas at the 2nd - 6-month budget
report was covered.
6. According to Diaspora and Caucasus Issues Committee during the sessions, which were attended
by representatives of the bodies accountable to the government and the Parliament, the committee issued
relevant recommendations, proposals and suggestions. However, the committee does not specify how many
of its sessions were dedicated to the given issue, how many members of the government were invited or
what other measures were applied for exercising parliamentary oversight.
Control over budget implementation: with a view to exercising control over the budget implementation, the
committee held 2 sessions; it positively assessed the report on budget implementation and issued relevant
recommendations.
7. Committee on European Integration has provided no information with respect to controlling governmental acts.
To exercise control over the budget implementation, the committee has held 4 sessions.
8. According to Defense and Security Committee, the committee controls implementation of tasks envisaged by the transitional provisions of laws and submits respective information to the Procedural Issues
and Rules Committee. The committee has developed recommendations on acts developed by heads of the
agencies within its competence. Though, the committee does not specify how many sessions it dedicated to
controlling implementation of the normative acts; neither does it indicate whether it has applied some other
measures in this regard.
To exercise control over the budget implementation, the committee has held 3 sessions. The committee
positively assessed the reports on budget implementation, presented by the agencies within its competence.
9. For exercising the oversight envisaged under the Rules of Procedure, the Legal Issues Committee
retrieved information from respective agencies within its competence (Ministry of Internal Affairs, Ministry of
Justice, Ministry of Corrections) about implementation of tasks envisaged by the transitional provisions of
adopted law. At the plenary session, the committee presented an annual report on its performance, which
encompassed information on implementation of the normative acts in the field under its superintendence.
For purposes of the budget control, 3 sessions were held.
10. According to Regional Policy and Self-governance Committee, it holds meetings to discuss current
activities carried out for purposes of law implementation. To this end, a coordinated action plan has been
developed jointly with the government. Moreover, as indicated by the committee, the Ministry of Regional
Development and Infrastructure provided 6 types of information on the fulfillment of the general articles
and transitional regulation of the Organic Code of Georgia on Local Self-Government, as well as Law on
Development of Mountainous Regions. On these issues the committee held three sessions, which were
held by the Deputy Minister Tengiz Shergelashvili. Moreover, as the committee indicates, on the basis of
requested information they analyzed information on the status of legislative acts and real problems related
to the implementation of law. According to the information provided by the Parliament, the articles and norms
to be fulfilled by the responsible subjects by 1 January 2016 according to the Law on the Development of
Mountainous Regions were implemented.
In order to control the implementation of the budget, the committee has held 7 meetings.
36
11. For exercising control over the budget implementation, Foreign Relations Committee dedicated 2 sessions to hearing of the respective report. Furthermore, in the process of considering a draft budget several
proposals were produced, which were later reflected in the draft budget of the following year.
12. According to the bylaws of the Procedural Issues and Rules Committee, it has exercised control over
implementation of tasks envisaged by particular transitional provisions, resolutions of the Parliament and
the Parliamentary Bureau; to this end, it has cooperated with the parliamentary committees and other structures. As the committee pointed out, in the beginning of each month it used to post updated information on
implementation of resolutions; as a result, parliamentary agencies and structures of the Executive Authorities
were provided with the information about the tasks already carried out and still pending to be performed. The
committee points out that applied measures and implemented recommendations have positively affected
number of tasks implemented within legally defined timeframes. The Procedural Issues Committee has not
held a session for purposes of controlling the budget implementation.31
13. Together with the relevant accountable bodies, the Budget and Finance Committee exercised control
over implementation of 10 normative acts. In addition, the committee reported twice at the plenary sessions
on implementation of normative acts within its competence. For purposes of controlling the budget implementation, the committee held 4 sessions. The committee supported consideration of 2014 state budget
implementation report at the plenary sitting of the Parliament.
14. For purposes of controlling implementation of normative acts, the Sports and Youth Issues Committee
heard reports presented by the Ministry of Sports and Youth Affairs and its subordinate entities (LEPLs).
To control implementation of the budget, the Sports and Youth Issues Committee held 3 sessions.
15. According to Healthcare and Social Issues Committee, for purposes of controlling implementation of
normative acts it retrieved information from concerned agencies within its competence.
Review and consideration of the given information took place in the format of science-advisory boards; afterwards, recommendations were developed at the committee meetings. However, the information provided
by the committee does not specify how many sessions were held to this end. After issuing the given recommendations, the committee received feedback on their follow-up implementation.
For purposes of controlling budget implementation, the committee held 3 sessions. While reviewing the draft
budget, the committee came up with two remarks, both of which were accounted for.
31
Congruent to article 189 of the Rules of Procedure of Georgia, committees exercise control over the budget implementation by
the fields within their superintendence.
37
CHAPTER
Under Article 49 of the Constitution of Georgia, any person who is twenty-one years old and has the right to
vote may be elected as a member of parliament (MP). The term of office of an MP shall commence upon taking
the oath of office and shall cease immediately at the first meeting of the newly elected Parliament. There are no
educational qualifications and professional limitations established for the MPs.
38
CHAPTER
In 2014, 17 Members of the Parliament of Georgia were women, namely the following: Beselia Eka, Bokuchava
Tinatini, Gogorishvili Khatuna, Goguadze Nino, Verulashvili Marika, Taktakishvili Chiora, Kobakhidze Manana,
Kordzaia Tamari, Maghradze Guguli, Mirotadze Ani, Nadirashvili Irma, Sajaia Mariami, Keinishvili Nana, Chapidze
Eliso, Chkhetiani Darejani, Khalvashi Pati, Khidasheli Tamari. Seven MPs out of the above were elected through
the majoritarian electoral system, and the remaining 10 MPs were elected through the party lists. 11 MPs are the
representatives of the parliamentary majority, 5 MPs are the representatives of the parliamentary minority and
1 MP is the representative of the Faction Free Democrats. This number (17) is about 11% of the total Members
of the Parliament of Georgia (150).
Among the female Members of Parliament, high parliamentary positions are occupied by Manana Kobakhidze (First
Deputy Chair of the Parliament) and Eka Beselia (the Chair of the Human Rights and Civil Integration Committee). Unlike the data from the previous year, there are no female MPs in the top five Members of Parliament who
initiated most of the draft laws in 2015. The data on activity in initiation of draft laws by female MPs is as follows:
Eka Beselia - 17
Nana Keinishvili - 4
Guguli Maghradze - 3
Tamar Kordzaia - 3
Manana Kobakhidze - 2
Tamar Khidasheli 1
In the reporting period female MPs were on average more active than their male colleagues in terms of legislative
initiatives.
The gender balance of the Parliament staff significantly differs from the gender balance of the Members of
Parliament. The Parliament staff comprises 462 women and 358 men.
39
Staff
13
17
Chief Usher
32
32
Total
Leading public
position
Total
40
Position
Staff
10
Usher
Chief Specialist
23
56
Senior Specialist
21
35
Leading Specialist
60
120
127
229
Secretary
23
Specialist
16
39
173
305
Total
Total
Total
41
Position
Support staff
Freelance workers
42
Staff
Housekeeper
74
Support specialist
Joiner restorer
Electrician
Locksmith
Elevator operator
Firefighter
Worker
Plumber
Total
23
75
24
38
Freelance worker
14
85
Total
123
45
Results of the public opinion survey regarding the increase of female representation in the Parliament
In 2015 a legislative initiative was proposed at the Parliament regarding the gender quota. We inquired public
opinion regarding this issue.
Diagram 6. Public opinion poll results on the increase of female MPs in the Parliament
TO WHAT EXTEND DO YOU SUPPORT THE INTRODUCTION OF MANDATORY QUOTAS IN ORDER
TO INCREASE THE NUMBER OF WOMEN IN THE PARLIAMENT? BY GENDER
I support it
I do not support it
DK/RA
100
90
80
70
60
50
40
30
20
46
33
24
24
15
10
20
8
11
11
0
Male
Female
43
CHAPTER
According to the Rules of Procedure of the Parliament (Article 71) temporary commission (hereinafter the
temporary commission) is a temporary body of the Parliament, which is established upon the decision of the
Parliament and in the cases determined by the Constitution of Georgia and the Rules of Procedure of the
Parliament. A temporary commission is accountable and liable to the Parliament of Georgia.
A temporary commission shall be obliged to submit the report on its activities 3 months prior to the expiration
of the term of authority of the Parliament.
Under Article 82 of the Rules of Procedure of the Parliament the periodicity of the sittings of the temporary
commission shall be determined by the temporary commission, but at least two sittings shall be held per month.
Under Article 84, the temporary commission draws conclusions, makes decisions, draws up recommendations
and proposals regarding the issue under consideration and submits them to the Bureau of Parliament and/
or at the plenary session of the Parliament.
The following Commissions and Councils were functioning in the Parliament in the reporting period:
1.
2.
3.
4.
5.
6.
We requested information from each of the above Commissions and Councils on their activities. The information was not provided by the Temporary Commission of 2014 Financial Audit of the State Audit Office.
44
Amendments to the Organic Law of Georgia on the Election Code of Georgia and on Political Associations
of the Citizens of Georgia;
According to the information provided by the Council of Gender Equality, the Council closely cooperates with
the non-governmental organisations working on gender issues and participates in the activities carried out
by those organisations. The Council also cooperates with the Assistant to the Prime Minister of Georgia on
Human Rights and Gender Equality Issues and the Human Rights Secretariat under the Administration of
the Government. According to the information provided by the Council of Gender Equality, the amendments
made to the Law on Local Self-government Code and the Law of Georgia on Elimination of Domestic Violence,
Protection and Support of Victims of Domestic Violence are considered by the Council as an improvement
in terms of protection of womens rights in the reporting period.
45
46
47
CHAPTER
Transparency International Georgia has evaluated the activities of the Members of Parliament according to
three main criteria:
1. The frequency of speeches given by the Members of Parliament at the plenary sessions: making statements, asking questions, stating opinions regarding draft laws or other discussed topics;
2. The right granted to the Members of Parliament to submit the legislative initiative;
3. The comments made by the Members of Parliament regarding draft laws.
48
Free Democrats
Minority
Majority
54
20
19
18
17
17
16
6
5
5
5
5
4
4
4
3
3
3
3
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
0
10
20
30
40
50
60
Also, it should be noted that 81 MPs initiated amendments to the Election Code, but we could not obtain
information on the individual MPs who initiated amendments.32
Free Democrats
Majority
19
17
7
4
3
3
3
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0
10
12
14
16
18
20
32
We asked for that information from the Organisation Department of the Parliament of Georgia, the Procedure Committee of the
Parliament of Georgia, Faction Georgian Dream, but we could not obtain the list of 81 MPs. The scanned version of the signatures
is attached to the draft law published on the web-site of the Parliament of Georgia, from which the Members of Parliament cannot
be identified http://info.parliament.ge/file/1/BillReviewContent/93553;
49
Others:
1.
2.
3.
4.
5.
Chikovani Irakli - 42
Pavle Kublashvili - 38
Shavgulidze Shalva - 26
Japaridze Zurab - 19
Onoprishvili Daviti - 15
In 2015 26 Members of Parliament did not exercise their right to give a speech.
According to the data of 2015, 124 Members of Parliament exercised their right to give a speech, which is
slightly more than the figure of the previous year (in 2014 114 MPs exercised their right to give a speech).
The following Members of Parliament did not exercise their right to give a speech at a plenary session neither
in 2013, 2014 nor in 2015: Valeri Gelashvili, Zaza Kedelashvili, Gogi Liparteliani, Ali Mamedovi, Enzel
Mkoyani, Koba Nakopia, Ramaz Nikolaishvili, Giorgi Peikrishvili, Levan Kardava, Tamaz Kacheishvili,
Nikoloz Kipshidze, Revaz Shavlokhashvili, Teimuraz Chkaidze, Tengiz Khubuluri.
50
Diagram 9. Number of speeches given by MPs at the plenary sessions (30 and above)
Ind. MPs
Free Democrats
Beselia Eka
Taktakishvili Chiora
Gogorishvili Khatuna
Tkemaladze Zurab
Volski Giorgi
Kutsnashvili Zakaria
Ratiani Sergo
Kantaria Aleksandre
Kakhiani Giorgi
Kordzaia Tamar
Kurtanidze Eldar
Gachechiladze Giorgi
Minashvili Akaki
Darchiashvili Davit
Khmaladze Vakhtang
Kandelaki Giorgi
Tsiklauri Nugzar
Baramidze Giorgi
Popkhadze Gedevan
Melikishvili Zurab
Magradze Guguli
Lortkipanidze Dato
Chikovani Irakli
Zhorzholiani Gia
Kiguradze Ivane
Machavariani Mikheil
Kublashvili Pavle
Tsereteli Giorgi
Khundadze Dimitri
Subeliani Koba
Kvachantiradze Zviad
Tarkhnishvili Levan
Mechiauri Tamaz
Tevdoradze Giorgi
Dzidziguri Zviad
Londaridze Tariel
Minority
Majority
113
112
112
93
91
86
85
80
80
77
76
75
71
66
63
51
47
46
45
45
45
44
42
41
41
39
38
37
36
36
35
35
33
33
31
31
0
20
40
60
80
100
120
51
Results of the public opinion survey regarding the debates held at the Parliament
Transparency International Georgia surveyed public opinion regarding the debates held at the Parliament
and the extent to which those debates are related to the topical issues for the population.
Diagram 10. Public opinion poll results on the effect of the debates on citizens lives
TO WHAT EXTEND DO YOU AGREE OR DISAGREE WITH THE FOLLOWING STATEMENT:
PARLIAMENT HOSTS DEBATES ON MATTERS THAT ARE CRUCIAL TO THE POPULATION?
BY SETTLEMENT TYPE
Fully agree
Agree
Disagree
Fully disagree
100
90
80
70
60
50
40
36
30
24
20
20
10
30
2
Capital
30
33
23
21
14
5
23
6
Urban
11
Rural
52
Vakhtang Khmaladze
Tamar Kordzaia
Paata Kvizhinadze
Gia Zhorzholiani
Zurab Tkemaladze
Nodar Ebanoidze
Giorgi Kakhiani
Bidzina Gujabidze
Fridon Sakvarelidze
Zakaria Kutsnashvili
Giorgi Tsagareishvili
Zviad Dzidziguri
Shalva Kiknavelidze
Akaki Bobokhidze
Giga Bukia
Paata Kvizhinadze
Marina Tsiklauri
Eliso Chapidze
44
9
6
3
2
2
1
1
1
1
1
1
1
1
1
1
1
1
0
10
15
20
25
30
35
40
45
50
Results of the public opinion survey regarding the activities of the Members of Parliament
Transparency International Georgia surveyed the opinion of the citizens of Georgia regarding the activities of
the Members of Parliament. The citizens, interviewed within the scope of the survey, named the MPs whose
performance was most positively evaluated.
Diagram 12. Public opinion poll results on the activities of the MPs
MEMBERS OF THE GEORGIAN PARLIAMENT WHOSE WORK WAS
EVALUATED AS POSITIVE
0
David Bakradze
David Usupashvili
Gia Volski
David Sergeenko
Eka Beselia
Irakli Alasania
Giorgi Kvirikashvili
zviad Dzidziguri
Zakaria Kutsnashvili
Ioseb Jachvliani
Gogi Topadze
Iraki Sesiashvili
Gedevan Popkhadze
Other
I do not evaluate anyones work as positive
I evaluate everybodys work as positive
DK/RA
10
20
30
40
50
60 70
80 90 100
9
8
4
2
2
2
2
2
2
1
1
1
1
23
23
3
44
53
Number of Business
Trips
Japaridze Tedo
185954.11
42
Usupashvili Daviti
139736.26
19
Bakradze Daviti
86,068.74
22
Kobakhidze Manana
69122.43
17
Kandelaki Giorgi
68166.2
17
Tsereteli Giorgi
66197.79
16
Dolidze Viktor
63381.42
24
Beselia Eka
57545.99
17
Chikovani Irakli
54041.67
14
Sesiashvili Irakli
51492.63
16
Maghradze Guguli
50716.91
13
Berdzenishvili Levani
49,424.06
19
Kvachantiradze Zviadi
42115.38
15
Taktakishvili Chiora
37106.23
14
Abashidze Zurabi
29026.66
11
Volsky Giorgi
25684.35
11
Baramidze Giorgi
24594.97
The MP mandates of Tinatin Khidasheli and Gigla Agulashvili were terminated. In 2015, prior to the termination of the mandate,
the statistics was as following Tinatin Khidasheli - 9 visits, 27482.58 GEL, Gigla Agulashvili - 1 visit, 1364.77 GEL, and David
Saganelidze - 8 visits, 10058.5 GEL.
33
54
Full Name
Full Name
Expenses
Number of Business
Trips
Machavariani Mikheil
20696.82
Bukia Giga
17314.09
Onoprishvili Daviti
16238.67
Dzidziguri Zviadi
15124.89
Zhorzholiani Gia
14807.53
Sanikidze Gubazi
12652.78
Poghosiani Ruslani
12577.51
Darchiashvili Davit
11,541.31
Ebanoidze Nodari
9689.52
Vakhangishvili Malkhazi
9669.45
Tsagareishvili Giorgi
8814.65
Samkharauli Gela
8615.45
Sajaia Mariam
9724.43
Londaridze Tarieli
8223.68
Sakvarelidze Pridoni
7719.84
Maisuradze Temuri
7693.77
Nadirashvili Irma
7634.01
Melikishvili Zurabi
7323.16
Kachakhidze Merabi
6739.4
Chapidze Eliso
6669.87
Popkhadze Gedevan
6219.6
Kutsnashvili Zakaria
5819.57
Chrdileli Otari
5314.03
Kordzaia Tamari
4855.86
Tripolsky Erekle
4440.26
Kiknavelidze Shalva
4309.72
Bokuchava Tinatin
4268.25
Papuashvili Zaza
4176.61
Megrelidze Omari
3823.34
Chitashvili Vazha
3823.34
Kiknavelidze Paata
3808.86
55
Expenses
Number of Business
Trips
Enukidze Gocha
3803.85
Gabashvili Giorgi
3761.89
Khundadze Dimitri
3740.42
Topadze Giorgi
3563.29
Japaridze Viktor
3476.22
Tamazashvili Aleksandre
3430.9
Shavgulidze Shalva
3401.36
Zhvania Giorgi
3391.96
Bezhashvili Levani
3370.19
Kakhiani Giorgi
3345.54
Tsiklauri Mirian
3312.37
Lezhava Paata
3196.73
Kardava Levani
3034.65
Kvizhinadze Paata
2982.83
Baratashvili Paata
2925.1
Gujabidze Bidzina
2665.77
Tsereteli Malkhazi
2665.77
Mechiauri Tamazi
2570.16
Chkuaseli Teimuraz
2494.5
Tsiskarishvili Petre
2477.53
Tkemaladze Zurabi
2473.5
Mamedovi Ali
2465.37
Tsiklauri Nugzari
2465.37
Khmaladze Vakhtangi
2445.6
Minashvili Akaki
2187.2
Gachechiladze Giorgi
2146.22
Japaridze Zurabi
2115.89
Bobokhidze Akaki
1948.59
Tevdoradze Giorgi
1933.53
Berdzenishvili Daviti
1897.75
Mirotadze Ani
1717.63
Full Name
56
Expenses
Number of Business
Trips
Gozalishvili Giorgi
1128.62
Peikrishvili Giorgi
1128.62
Zviadauri Zurabi
1054.62
Lortkipanidze Daviti
1054.62
Ckhaidze Teimurazi
1054.62
Khabareli Shota
1054.62
Petrosyani Samvel
1019.48
Gogorishvili Khatuna
937.72
867
Vashadze Giorgi
799.28
Bashaleishvili Demuri
582.8
Chkhetiani Darejani
509.04
Khechiashvili Giorgi
442.01
Khachidze Giorgi
417.18
Mkoyani Enzel
205.5
Nergadze Teimuraz
196.98
Khalvashi Pati
196.98
Full Name
Lemonzhava Vakhtangi
57
CHAPTER
10
In 2015 there were 2199 cases of absence from the plenary session with a reasonable excuse (which is 272
more than in 2014). There were not any cases of deduction of the MPs salary by 10% for missing more than
one session with unreasonable excuse. (According to the Rules of Procedure of the Parliament, the salary
of an MP is not deducted in case of missing an extraordinary session).
Transparency International Georgia requested the information from the Organisation Department of the
Parliament of Georgia on participation of the Members of Parliament in the plenary sessions.
The Parliament could not make amendments to the Rules of Procedure of the Parliament, according to
which family circumstances would no longer constitute a reasonable excuse. Namely, the Procedural
Issues and Rules Committee initiated a respective draft law, but an alternative proposal of the Free
Democrats was submitted at the stage of discussion. The draft law was adopted in a single hearing at
the plenary session. The leading Committee approved the draft law in a second committee hearing, although
it was not discussed in a second hearing at the plenary session.
We also requested information from the Parliament on the absence of MPs from the Committee sittings with
a reasonable excuse. The information was provided to us by all the Committees except for the Committee
on European Integration.
58
Diagram 13. Twenty MPs who were absent from the most plenary sessions with a reasonable excuse
32
33
33
34
35
Bokuchava Tinatin
Liparteliani Gogi
Japaridze Tedo
Tsiskarishvili Petre
Vashadze Giorgi
Chikovani Irakli
Onoprishvili Davit
Abashidze Zurab
Malashkhia Shota
Kardava Levan
Lezhava Paata
Akhalaia Roland
Goguadze Nino
Dolidze Viktor
Tsagareishvili Giorgi
Suleimanovi Azer
Kipshidze Nikoloz
Kedelashvili Zaza
Nikolaishvili Ramaz
Nakopia Koba
36
36
38
39
40
40
41
44
44
46
46
47
51
53
55
0
10
20
30
40
50
60
59
Diagram 14. Twenty MPs who were absent from the most Committee sittings with a reasonable excuse
Ind. MPs
Free Democrats
Majority
Minority
Levan Bezhashvili
70
Zurab Japaridze
52
Azer Suleimanovi
45
Giorgi Karbelashvili
44
Vakhtang Lemonjava
41
Giorgi Vashadze
41
Petre Tsiskarishvili
40
Davit Onoprishvili
39
Nino Goguadze
39
Zurab Chilingarashvili
37
Tinatin Bokuchava
33
Giorgi Tsereteli
31
Levan Tarkhnishvili
30
Davit Chavchanidze
29
Giorgi Tsagareishvili
29
Goderdzi Bukia
27
Zurab Abashidze
27
Akaki Minashvili
26
Davit Dartsmelidze
26
Zurab Melikishvili
25
0
10
20
30
40
50
60
70
80
60
Diagram 15. Number of absences from plenary session with an unreasonable excuse
Ind. MPs
Free Democrats
Khachidze Goga
Petrosiani Samvel
Meladze Giorgi
Kublashvili Pavle
Kardava Levan
Shioshvili Tamaz
Dzidziguri Zviad
Japaridze Tedo
Dumbadze Murman
Shavlokhashvili Revaz
Butskhrikidze Kakha
Khachidze Giorgi
Davitashvili Koba
Kipshidze Nikoloz
Japaridze Zurab
Majority
Minority
4
4
4
4
4
4
4
4
5
5
6
6
8
9
10
0
10
12
Diagram 16. Number of absences from Committee sittings with an unreasonable excuse
Ind. MPs
Minority
Melikishvili Zurab
Nakopia Koba
Butskhrikidze Kakha
Tsiskarishvili Petre
Kardava Levan
Ratiani Sergo
Vashadze Giorgi
Chavchanidze Davit
Kedelashvili Zaza
Chilingarishvili Zurab
Minashvili Akaki
Khachidze Giorgi
Kipshidze Nikoloz
Tevdoradze Giorgi
Subeliani Koba
Taktakishvili Chiora
Megrelidze Omar
Targamadze Giorgi
Kublashvili Pavle
Ghviniashvili Giorgi
Lezhava Paata
Sajaia Mariam
Tsiklauri Nugzar
39
44
44
44
45
46
47
50
50
52
53
54
55
55
56
57
58
58
59
62
62
69
73
0
10
20
30
40
50
60
70
80
61
CHAPTER
11
In order to evaluate the work of the Parliament, Transparency International Georgia requested information
from the Organisation Department of the Parliament and examined the information published on the web-site
of the Parliament.
It is notable that the Reports on Activities of the Committee and the Committee Action Plans during 2015
Spring Session of all Committees are not published on the web-site of the Parliament (which is submitted
to the Parliament upon the commencement of the autumn session according to the Rules of Procedure of
the Parliament).
For the purpose of monitoring of the activities of the Parliamentary Committees it is also important that the
Opinions, drawn up by leading and mandatory Committees, be published on the web-site of the Parliament.
This is one of the recommendations of our organisation in the Open Parliament Action Plan.
Certain criteria are emphasized in the evaluation of the performance of the Committees, which are
important in the working process of the Parliamentary Committees; these criteria are as follows:
Participation of the Committees in the legislative process (number of initiated draft laws, discussed draft
62
Diagram 17. Draft laws discussed, committee sittings held and draft laws initiated by the Committees
in 2015
Number of draft laws discussed
Number of held committees
Number of initiated draft laws by committee
186
57
277
75
22
397
78
80
27
2 36
134
113
73
67
62
41
4
35
12 50
35
47
3
29
41
6
27
27
0
20
31
0
17
39
0
16
28
11
11
24
0
0
The Agrarian Issues Committee has discussed 2 legislative proposals submitted by natural persons, neither
of which was initiated by the Committee.
The Human Rights and Civil Integration Committee has discussed 28 legislative proposals.
The author of most of the legislative proposals was the Public Defender of Georgia.
According to the information provided by the Committee, it has agreed on all the proposals submitted by the
Public Defender, taking into consideration its own comments, and prepared a positive opinion. The Committee
initiated the following draft laws within the scope of the legislative proposals submitted by the Public Defender:
on making amendments to the Organic Law of Georgia on the Public Defender of Georgia;
on making amendments to the Civil Procedure Code of Georgia;
on making amendments to the Law of Georgia on Elimination of All forms of Discrimination.
The Regional Policy and Self-government Committee has discussed 3 legislative proposals (two of which
were submitted by natural persons and one of which was submitted by a legal person), which were rejected
by the Committee.
The Education, Science and Culture Committee has discussed 4 legislative proposals, based on two of
which the Committee initiated draft laws.
The Legal Issues Committee has discussed 15 legislative proposals. Most of the authors of the legislative
proposals were legal persons. Based on the legislative proposal of the Public Defender the Committee initiated
a draft law, which was adopted by the Parliament. According to the law the parents and custodians of juniors,
who reach the age of 16, shall no longer have the right to give consent for marriage.
The Procedural Issues and Rules Committee has discussed 5 legislative proposals, all of which were rejected.
The Budget and Finance Committee has discussed 6 legislative proposals, none of which were initiated.
Most of the legislative proposals were submitted by natural persons.
The Healthcare and Social Issues Committee has discussed 12 legislative proposals. Based on 6 legislative
proposals the Committee has initiated a draft law on making amendments to the Law of Georgia on State
Compensation and State Academic Scholarships, which was adopted by the Parliament. Most of the authors
of the proposals were natural persons.
In the reporting period the Sectoral Economy and Economic Policy Committee has discussed 6 legislative
proposals, which were mainly submitted by the natural persons. The Committee has initiated a draft law
based on 2 legislative proposals.
64
773
575
697
448
448
375
375
206
206
170
170
162
162
151
151
132
132
132
132
110
110
97
110
26
26
24
24
6690
1448
65
66
9. According to the information provided by the Sports and Youth Issues Committee a thematic group
was established at the Ministry of Sport and Youth Affairs of Georgia by joint representation of the
representatives of the Committee and the Ministry. The provided information does not specify whether
this is the working group established by the Committee or not.
10. In 2015 working groups were not established at the Healthcare and Social Issues Committee.
However, based on the information provided by the Committee, 4 working groups established by the
Committee in 2014 continue work on 6 legislative proposals submitted by various non-governmental
organisations, the Public Defender and the citizens. In one case the Draft Law on State Compensation
and Academic Scholarships was initiated, which was adopted by the Parliament on 27 November 2015.
The Education, Science and Culture, Sectoral Economy and Economic Policy, Diaspora and Caucasus Issues, Foreign Relations and Procedural Issues and Rules Committees have not established
working groups in the reporting period.
67
Committee members at the National Academy of Sciences of Georgia. In all 37 comments, proposals and
recommendations were submitted to the Committee regarding that issue, which were taken into consideration
in the final version of the law.
According to information provided by the Legal Issues Committee, they had cooperated with the National
Academy of Sciences of Georgia and experts from the Tinatin Tsereteli State and Law Institute. On the basis
of their engagement, the Committee prepared the Draft Law on Amendments to the Criminal Code of Georgia
The Healthcare and Social Issues Committee stated that the experts of the area were invited to the Committee for the purpose of carrying out legal drafting process, preparing conceptual documents and carrying out
financial and budgetary monitoring effectively. The Committee has applied to international non-governmental
organisations and experts for the opinions and recommendations in the process of discussing the Law on
Control of Tuberculosis and the related draft laws, the Law on Making Amendments to the Law of Georgia
on State Compensations and State Academic Scholarships, the Law on Making Amendments to the Law of
Georgia on Patients Rights and the Law on Making Amendments to the Law of Georgia on HIV Infection.
However, the information provided by the Committee does not specify certain organisations and experts that
were involved in the process.
Other Committees did not take this opportunity.
In 2015 the Constitutional Court of Georgia made decisions on 10 cases in which the defendant party
was the Parliament of Georgia. The Court completely granted 7 of the cases, partially granted 2 cases
and rejected 1 case.
Rulings made by the Constitutional Court in 2015, in which the defendant party was the Parlia-
ment of Georgia
In 2015 the Constitutional Court of Georgia made 20 rulings, in which the defendant party was the Parliament of Georgia. In 3 cases out of the above mentioned the proceedings were terminated due to the
change of the disputed norm and in 6 cases the proceedings were terminated upon the request of the
claimant. Oral hearing was held regarding one case with the participation of the Parliament and in the
other cases without the participation of the Parliament; the cases were not accepted for main hearing.
Records made by the Constitutional Court of Georgia in 2015, in which the defendant party was
68
69
CHAPTER
12
Transparency International Georgia inquired the activities of the bureaus of the majoritarian Members of
Parliament. Under the current legislation, local bureaus of the Members of Parliament elected through the
majoritarian electoral system are established for the purpose of organisation of work with the voters, participation of the MP in the activities of the state authorities and respective local self-government bodies and in
the local decision-making process. The expenses related to the activities of the bureaus are covered by the
budget of the Parliament. The activities of the bureaus of each majoritarian MP are financed by GEL 5000
on a monthly basis.
In the process of examination of these activities in 2015 as well as in the previous reporting periods, there
were problems in obtaining the contact information of the bureaus. The information on the personal web-sites
of the majoritarian MPs (which are linked with the web-site of the Parliament) is not updated. In certain cases
the contact information of the bureaus, the addresses and telephone numbers are not correct. The members
of Transparency International Georgia were able to obtain information through personal connections. In such
case, the issue how successful is the attempt of the citizens to communicate with the majoritarian MPs is
still under question.
Transparency International Georgia actively cooperates with the bureaus of the majoritarian MPs. In 2015
the trainings were delivered to the staff members of the bureaus on the topic: budgetary system of Georgia
and budgetary monitoring of the Parliament state and local budgets: budget planning and execution. The
training was attended by about 60 employees of the bureaus of the majoritarian MPs.
Transparency International Georgia sent some questions to the bureaus of the majoritarian MPs. The questions concerned the activities of the bureaus and the communication with the citizens. The responses to our
letters were provided by 47 bureaus. In most cases the responses were late. The questions were as follows:
70
How many citizens addressed the bureaus (in writing, verbally) during 2015 spring and autumn
sessions and mainly which problems were identified;
How many public meetings were held between the bureau of the majoritarian MP and/or the majoritarian MP and the citizens in the reporting period, where were the meetings held and which
issues were discussed;
Did the bureau of the majoritarian MP conduct any survey, research, analysis for identifying the
needs of the people and which problems were identified;
What kind of communication did the bureau have with local self-government bodies and how
intensive was that communication; how were the problems of the people emphasized before the
local authorities;
The information on the expenditure by the bureau of the budgetary funds allocated for the bureau;
Whether the information bulletin was published (on the web-site or in a printed form) by the
bureau of the majoritarian MP or not, which issues were discussed in the bulletin and how was
the population familiarized with the bulletin.
Results of the public opinion survey on the activities of the majoritarian Members of Parliament
Transparency International Georgia inquired whether the citizens of Georgia know who is the majoritarian
MP from their district, how they evaluate the activities of the majoritarian MPs and whether they agree with
the abolition of election of the Members of Parliament through majoritarian electoral system or not.
100
90
80
75
70
60
59
58
50
40
33
30
20
10
10
15
28
13
0
Capital
Urban settlement
Rural settlement
71
Diagram 20. Public opinion poll results on the activities of the Majoritarian MPs
HOW DO YOU EVALUATE THE WORK OF YOUR MAJORITARIAN? BY SETTLEMENT TYPE
Definetely positively
Definetely negatively
100
90
80
70
60
50
49
48
40
40
30
10
0
25
24
20
18
13 12
2
Capital
16
Urban
21
10
Rural
Diagram 21. Public opinion poll results on the termination of Majoritarian system
PRESENTLY MAJORITARIAN MPS COMPRISE HALF OF TOTAL COMPOSITION OF THE PARLIAMENT.
AN ARGUMENT HAS BEEN MADE THAT THE MAJORITARIAN SYSTEM SHOULD BE DISCARDED
IN THE NEXT PARLIAMENTARY ELECTIONS, DO YOU AGREE WITH THIS POINT OF VIEW OR NOT?
BY SETTLEMENT TYPE
Completely agree
Completely disagree
It makes no difference to me
DK/RA
100
90
80
70
60
50
40
30
20
10
23
12 12 11
22 20
20
18
13 11 15
23
26
19
21
13
10 11
0
Capital
72
Urban settlement
Rural settlement
The data of the registered written application, as provided by the Bureaus, is as follows:
unemployment,
utility and infrastructure issues (water, gas, electricity, roads),
damages incurred by natural disasters and the dilapidated buildings,
problems related to legalisation of property,
medical needs,
resettlement of internally displaced persons
73
For example, the Majoritarian Bureau of Sachkeri of Manana Kobakhidze did not send us specific information on the expenditures, indicating that this information was available on the State Procurement Agency website
34
74
The bureau of Eka Beselia provided the population with the leaflets containing the above information;
The bureau of Mirian Tsiklauri publishes a newspaper Khevis matsne;
The bureau of Zviad Kvachantiradze published information in the local newspaper Alioni;
The bureau of Teimuraz Chkuaseli published an information bulletin in a form of the newspaper;
The bureau of Gocha Enukidze published information in the local newspapers Ambrolauris Moambe,
Rachvelebi.
It is also important how systematically the population is informed on the activities of the majoritarian MPs.
Based on the information provided to us by the bureaus they use social networks (Goderdzi Bukia, Shalva
Shavgulidze, Dimitri Khundadze, Manana Kobakhidze, Zviad Dzidziguri, Eka Beselia, Davit Onoprishvili, Gela
Samkharauli, Gocha Enukidze, Tamar Khidasheli, Giorgi Kakhiani).
75
Majoritarian
deputy of
Parliament
Status
Region
Answer to the
letter
Abashidze Zurab
Faction "Free
Democrats"
Samgori
Yes
Akhalaia Rolandi
Minority
Zugdidi
No
Beselia Eka
Majority
Poti
Yes
Bezhuashvili Davit
Tetritskaro
No
Bobokhidze Akaki
Minority
Tskaltubo
Yes
Accounted: 10
Bolkvadze Anzor
Majority
Khulo
Yes
Accounted: 78
Bukia Goderdzi
Majority
Khobi
Yes
Accounted: 47
Butskhrikidze
Kakha
Minority
Terjola
No
Chapidze Eliso
Majority
Tkibuli
No
Chavchanidze
Daviti
Minority
Khoni
No
Chilingarashvili
Zurabi
Minority
Adigeni
No
Chitashvili Vazha
Minority
Akhaltsikhe
No
Chkhaidze
Teimurazi
Majority
Lanchkhuti
Yes
76
Total number of
applies
Accounted: 136
Resgistered: 160
Accounted: 71
Number of oral
applies from the
citizens
Public meetings
Research to solve
the problems
Collaboration with
local selfgovernment
Information about
the expenses of the
bureau
Accounted: 786
29
Yes
No
No
Accounted: 650
Yes
Yes
Yes
Unaccounted: 27
12
No
Yes
No
Accounted: 272
No specific number
indicated
Yes
Yes
Yes
Accounted: 60
27
Yes
Yes
Incomplete
Accounted: 150
No
Yes
Yes
77
Number of
written
applies from the
citizens
Majoritarian
deputy of
Parliament
Status
Region
Answer to the
letter
Chkuaseli
Teimurazi
Majority
Chokhatauri
Yes
Dartsmelidze
Daviti
Minority
Abasha
No
Dolidze Viktori
Other
Chughureti
Yes
Registered: 92
Dumbadze Murman
Indepentent
deputy of
Parliament
Batumi
Yes
Accounted: 48
Total number of
applies
Registered: 12
Dzidziguri Zviad
Majority
Rustavi
Yes
Ebanoidze Nodar
Majority
Kharagauli
Yes
Accounted: 64
Enukidze Gocha
Majority
Ambrolauri
Yes
Accounted: 53
Gelashvili Gela
Majority
Sighnaghi
Yes
Gelashvili Valeri
Majority
Khashuri
Yes
Unaccounted:
203
Ghviniashvili
Giorgi
Minority
Gurjaani
No
Gozalishvili Giorgi
Majority
Lagodekhi
Yes
Accounted: 15
Jachvliani Ioseb
Majority
Gldani
Yes
Registered: 405
Japaridze Tamaz
Majority
Oni
No
78
Number of oral
applies from the
citizens
Public meetings
Research to solve
the problems
Collaboration with
local selfgovernment
Information about
the expenses of the
bureau
Registered: 204
No specific number
indicated
Yes
Yes
Yes
Unaccounted: 406
Yes
Yes
Yes
No info accounted or
not: 540
Yes
Yes
No
No specific number
indicated
20
No
Yes
Incomplete
No info accounted or
not: 240
No specific number
indicated
Yes
Yes (incomplete
reaction)
Yes
No specific number
indicated
No
Yes (incomplete
reaction)
Yes
Not indicated
No
Yes
No
Unaccounted: 1000
No specific number
indicated
No
Yes
Yes
No specific number
indicated
15
No
Yes
Incompete
Registered: 1258,
Non-Registered:
2700
5 public meetings,
Bureau in working
hours: 23
Yes
Yes
Yes
79
Number of
written
applies from the
citizens
Majoritarian
deputy of
Parliament
Status
Region
Answer to the
letter
Japaridze Viktori
Majority
Mestia
No
Kakhiani Giorgi
Majority
Samtredia
Yes
Kantaria
Aleksandre
Majority
Isani
No
Kardava Levan
Minority
Tsalendjikha
Yes
Kavtaradze Giorgi
Majority
Zestafoni
No
Kedelashvili Zaza
Minority
Dedoplitskaro
Yes
No specific
number
indicated
Khabareli Shota
Majority
Krtsanisi
Yes
Accounted: 394
Khabelovi Leri
Majority
Kareli
Yes
Khabuliani Sergo
Majority
Tsageri
Yes
Registered: 115
Khalvashi Pati
Majority
Kobuleti
Yes
Registered: 265
Khalvashi
Rostomi
Majority
Khelvachauri
Yes
Unaccounted:
607
Khidasheli Tamar
(Since 2015)
Majority
Sagaredjo
Yes
Indicates 25
Accounted: 38
Yes
Unaccounted:
771
No specific
number
indicated
Khmaladze
Vakhtangi
80
Majority
Didube
Total number of
applies
Registered: 22
No info if
accounted or
not: 85
Number of oral
applies from the
citizens
Public meetings
Research to solve
the problems
Collaboration with
local selfgovernment
Unaccounted: 130
41
No
Yes
Incomplete
No info accounted or
not: 43
No number indicated
No
Yes
No specific number
indicated
No specific number
indicated
No
No (Not cooperating)
Incomplete
Accounted: 755;
Unaccounted: almost
2200
Yes
Not enough
Yes
57
No
Yes
Yes
Non-Registered: 10
No specific number
indicated
Yes
Yes
Incomplete
Accounted: 474
No specific number
indicated
Yes
Yes
Yes
Unaccounted: 1321
Not indicated
Yes
Yes
Yes
Unaccounted: 130,
Accounted: 93
No
Yes
Incomplete/
Including 2016
No specific number
indicated
No specific number
indicated
No
Yes
Yes
81
Majoritarian
deputy of
Parliament
Status
Region
Answer to the
letter
Total number of
applies
Number of
written
applies from the
citizens
Khundadze Dimitri
Majority
Mtskheta
Yes
No info if
accounted or
not: 41
Kiknavelidze
Paata
Majority
Baghdati
Yes
No info
accounted or
not: 98
Kobakhidze
Manana
Majority
Sachkhere
Yes
No info
registered on
not: 173
Kordzaia Tamar
Majority
Nadzaladevi
Yes
Accounted: 131
Kutsnashvili
Zakaria
Majority
Tianeti
No
Kvachantiradze
Zviad
Majority
Ozurgeti
Yes
Registered: 193
Lemonjava
Vakhtang
Minority
Chkhorotsku
Yes
No info
accounted or
not: 17
Lezhava Paata
Minority
Vani
Yes
No info
accounted or
not: 11
Liparteliani Gogi
Majority
Lentekhi
Yes
Unaccounted: 30
Londaridze Tarieli
Minority
Aspindza
no
Megrelidze Omar
Minority
Shuakhevi
Yes
No info if
accounted or
not: 7
Misabishvili
Gurami
Majority
Senaki
Yes
Accounted: 349
Mkoiani Enzeli
Majority
Ninotsminda
No
82
Number of oral
applies from the
citizens
Public meetings
Research to solve
the problems
Collaboration with
local selfgovernment
Information about
the expenses of the
bureau
No specific number
indicated
44
Yes
Yes
Yes
No info accounted or
not: 167
19
Yes
Yes
Yes
No specific number
indicated
No specific number
indicated
No
Yes
Incomplete/
Indicating spa.ge
Unaccounted: 94
12
Yes
Yes
Yes
Registered: 1200
Yes
Yes
Yes
No info accounted or
not: 21
No specific number
indicated
Yes
Yes
Yes
No info accounted or
not: 42
No
Yes
Yes
Unaccounted: almost
50
No
Yes
Yes
No info accounted or
not: 85
No
Yes
Incomplete
Accounted: 352
Yes
Yes
Yes
83
Number of
written
applies from the
citizens
Majoritarian
deputy of
Parliament
Status
Region
Answer to the
letter
Nakopia Koba
Minority
Bolnisi
No
Okriashvili
Kakhaberi
Majority
Dmanisi
Yes
Onoprishvili Davit
Indepentent
deputy of
Parliament
Kaspi
Yes
Accounted: 95
Papuashvili Zaza
Majority
Mtatsminda
Yes
Non-Registered:
16
Peikrishvili Giorgi
Majority
Gardabani
No
Petrosiani Samvel
Minority
Akhalkalaki
Yes
Popkhadze
Gedevan
Majority
Borjomi
No
Samkharauli Gela
Majority
Telavi
Yes
Sanikidze Gubaz
Majority
Kutaisi
No
Shavgulidze
Shalva
Other
Vake
Yes
Accounted: 194
Shavlokhasvili
Revaz
Majority
Tsalka
Yes
Unaccounted:
133
Shervashidze
Iasha
Majority
Keda
No
Suleimanovi Azer
Minority
Marneuli
No
84
Total number of
applies
No specific
number
indicated
Accounted: 174
Number of oral
applies from the
citizens
Public meetings
Research to solve
the problems
Collaboration with
local selfgovernment
Information about
the expenses of the
bureau
Unaccounted: 250,
Accounted: 150
Yes
Yes
Yes
Non-Registered: 33
No
Yes
Yes
No specific Number
indicated
42
No
Yes
Yes
Non-Registered:
almost 300
67
Yes
Yes
Yes
Unaccounted: 30,
Accounted: 55
Yes
Yes
Yes
Unaccounted:
almost 80.
Almost 20
No
Yes
Incomplete
85
Number of
written
applies from the
citizens
Majoritarian
deputy of
Parliament
Status
Region
Answer to the
letter
Tripolski Erekle
Majority
Dusheti
Yes
Registered: 49
Tsereteli Malkhaz
Majority
Tchiatura
Yes
Accounted: 112
Total number of
applies
Tsiklauri Miriani
Majority
Stefantsminda
Yes
No info if
accounted or
not: 20
Usufashvili Davit
Majority
Saburtalo
Yes
Registered: 90
Vakhtangishvili
Malkhaz
Majority
Gori
No
Verulashvili
Marika
Majority
Kvareli
No
Zviadauri Zurab
Majority
Akhmeta
Yes
86
Unaccounted:
almost 500
No specific
number
indicated
Number of oral
applies from the
citizens
Public meetings
Research to solve
the problems
Collaboration with
local selfgovernment
Information about
the expenses of the
bureau
Accounted: 387
No
Yes
Yes
Accounted: 564
73
No
Yes
Yes
No info accounted or
not: 200
85
Yes
Yes
Yes
No info accounted or
not: 145
Yes
Yes
Yes
No specific number
indicated
No specific number
indicated
Yes
Yes
No
87
CHAPTER
13
88
89
90
91
Member of the
Parliament
Entity
(Parliamentary)
Company
Akaki
Bobokhidze
Minority
LLC Orioni
50% of shares
100% of shares
33.33% of shares
22% of shares
LLC Vera-2011
30% of shares
JSC Kazbegi
LLC Kazbegi-Tobacco
LLC Begheli
LLC "Ibercompany"
LLC "Bani"
LLC Ibercompany
Petrolium
LLC "Ibercompany
Holdings"
Gela
Samkharauli
Giorgi
Tsagareishvili
Giorgi Kakhiani
Majority
Majority
Majority
Gocha Enukidze
92
Declired Income
According to the
declaration of 2012
The same
The same
The same
The same
The same
The same
44500
The same
The same
Comments
4317893
0
246315
0
0
0
0
93
Member of the
Parliament
Entity
(Parliamentary)
Gocha Enukidze
Giorgi Jvania
Goderdzi Bukia
Giorgi Topadze
94
Company
Partner
LLC Galaktioni 3
LLC BMC
20% of shares
Partner
LLC BOSSNER
100% of shares
LLC Apolo
Partner
34% of shares
24% of shares
10% of shares
45% of Shares
LLC "Trialeti"
80% of shares
17%of shares
LLC "Kazbegi-Bakuriani"
99%of shares
LLC "CALWE"
20% of shares
LLC Kartu-Universal
34%of shares
Majority
Majority
Majority
Comments
Declired Income
The same
Wine Production
The same
The same
The same
0
0
0
0
0
0
0
0
0
0
611052
0
95
Member of the
Parliament
Giorgi Topadze
Entity
(Parliamentary)
Majority
Company
25%of shares
LLC "Phshaveli-Kazbegi"
20%of shares
26%of shares
JSC Kazbegi
50%of shares
LLC Kazbegi-99
Shareholder
13% of shares
LLC Samgori
33.4%of shares
25 % of shares
LLC Vetpreparati
LLC Tskhratskaro-2007
Eka Beselia
Majority
Founder
Vakhtang
Khmaladze
Majority
35.7% of shares
partner
partner
LLC Khanda
Davit
Bezhuashvili
Majority
Guram
Misabishvili
Majority
96
Comments
Declired Income
0
0
0
0
0
0
0
According to the property declaration
0
0
0
0
0
0
The same
0
0
0
0
97
Member of the
Parliament
Entity
(Parliamentary)
Company
Gogi Liparteliani
Minority
LLC Tiriphon-HPP
Shareholder
LLC zak
LLC Chamion
25% of shares
55% of shares
40% of shares
Q and Q Consulting
60% of shares
Director
SP Zviad Kvatchantiradze
Sole Proprietor
LLC Saamo
11%- of shares
LLC "Aguna"
27% of shares
LLC Samegobro
5% of shares
LLC Nugo
10.88% of shares
LLC Kazbegi-Natali
19%-of shares
Zaza Kedeashvili
Zakaria
Kutsnaishvili
Zviad
Kvatchantiradze
Zurab Tkemaladze
Tamaz Kacheishvili
98
Minority
Majority
Majority
Majority
Majority
Comments
Declired Income
0
0
0
0
0
0
0
0
99
Member of the
Parliament
Entity
(Parliamentary)
Company
Tamaz Kacheishvili
Majority
LLC "Quality"
25%-of shares
Temur Maisuradze
Majority
LLC NEWINNOTECH
LLC Memorex
30%-of shares
LLC Logix
25%-of shares
LLC Spanishclay
35% of shares
LLC Gum-Bapa
51%-of shares
Tamaz Shioshvili
Majority
Sole Proprietor
Iasha Shervashidze
Kakhaber
Okriashvili
100
Without Fraction
Majority
LLC "Gumbapa"
15%-of shares
LLC Star R G
5%-of shares
LLC Alfa
JSC Electronica 94
Shareholder
LLC Mandarini
GMP Production
Comments
His doughter Irina Kacheishvili to be referred in the
declaration as shareholder
Declired Income
0
0
4700000
0
59433
0
0
0
0
0
0
101
Member of the
Parliament
Kakhaber
Okriashvili
Levan Kardava
Paata Lezhava
Entity
(Parliamentary)
Company
LLC Sunnymed
LLC PSP
LLC Geomed
LLC Margveti
partner
MD Group
partner
20% of shares
Global Impex
Partner
Gruppo Via
Magana-2004
100% of shares
LLC Phuntusha
20% of shares
Majority
Minority
Minority
Nodar
Ebanoidze
Majority
LLC "Compaudi"
Omar
Nishnianidze
Majority
SP Omar Nishnianidze
Paata
Kiknavelidze
Majority
LLC Madli
Shareholder
LLC Tsekuri
Sergo
Khabuliani
102
Majority
Comments
Declired Income
0
0
15790
According to the property declaration
0
According to the property declaration
0
0
0
0
0
633205
0
103
Table 5. Connection of the Family Members of the Members of Parliament with business
Tinatin Zaldastanishvili
Majority
Mariam Ghviniashvili
Minority
Nazi Liparteliani
Majority
104
Company
Comments
Director
Director
50% of shares
LLC Speroza
15% of shares
LLC Biosphero+
20% of shares
LLC Gama+
10% of shares
LLC Gama+
21% of shares
22.92% of shares
16.6% of shares
29% of shares
LLC Olympy-XXI
50% of shares
LLC "Seti-1"
50% of shares
15% of shares
LLC Aleksandra
18% of shares
Partner 2010
17% of shares
105
Nazi Liparteliani
Majority
Marina Tophadze
Majority
Lili Bakradze
Minority
Ekaterine Amaghlobeli
Majority
106
Company
LLC Roko
11% of shares
20% of shares
17% of shares
25% of shares
Potpetroli
18% of shares
Partner Batumi
25% of shares
Marneuli Partner
20% of shares
Vazi
19% of shares
Ald
10% of shares
Gonio Partner
25% of shares
37% of shares
Squri 2016
15% of shares
Max-Service
17% of shares
Ekoil
20% of shares
LLC "Kazbegi-Tobacco"
1.4% of shares
Sole Proprietor
LLC Solidort
30% of shares
5% of shares
Comments
107
Karapet Mkoiani
Majority
Marina Zaqroshvili
Minority
Natia Khvistani
Majority
Omar Kutsnaishvili
Majority
Thea Sanikidze
Majority
Nikolozi Nakophia
Minority
108
Company
LLC Akhalgazi
50% of shares
LLC Karo
LLC Stomatologist
7% of shares
LLC Qtsia-94
66.99% of shares
LLC Seti
50% of shares
17% of shares
Cooperative rk Sabetchisi-001
LLC Geoengineering
40.35% of shares
LLC "Agra"
12.5% of shares
LLC "Tecno"
21.4% of shares
10% of shares
Director
LLC kmb
20% of shares
Registered Cooperative
Naphareuli's Wine
LLC Enresi
Shareholder
LLC Nitaproqurumentgroup
Comments
109
Nikolozi Nakophia
Minority
Lina Tophuria
Majority
Maka Mania
Minority
Zaza Gogichaishvili
Majority
Nino Oragvelidze
Majority
Ketevan Surmanidze
Majority
Nino Laskhishvili
Minority
110
Company
Partner
Partner
LLC Goldinvest
75% of shares
Partner
LLC GMP
100% of shares
LLC Linati
SP Lina Tophuria
Sole Proprietor
Director
Luche
Director
SP Zaza Gogichaishvili
Sole Proprietor
25% of shares
Comments
Sole Proprietor
LLC Bavarian House
100% of shares
90% of shares
80% of shares
LLC Antiques
50% of shares
111
Nino Tkhelidze
Majority
Andro Kiknavelidze
Majority
Lali Kvantaliani
Majority
Tamila Abutidze
Minority
Ana Tarkhnishvili
Minority
112
Company
Comments
LLC Kolkha 11
LLC Iberia 48
Director
LLC Iberia 49
Director
LLC Iberia 50
Director
LLC Iberia 47
Director
19% of shares
LLC Lagi
10% of shares
LLC Lagi
LLC Phonichala
LLC Friends
Partner
LLC Guri
Partner
113
CHAPTER
14
Transparency International Georgia actively monitors the activities of the Parliament. There is a wide range
of issues in the activities of the Parliament, for the regulation of which it is advisable that the Members of
Parliament and Parliament staff take appropriate measures. Transparency International Georgia expresses
its readiness to closely cooperate with the Parliament of Georgia for more transparency and more active
engagement of the civil society.
There are problems in terms of more engagement of the society in the legislative process, awareness of the
society and increase of the personal responsibility of the MPs with regard to their duties. For improving the
activities of the legislative body and for carrying out the controlling function, it is important that each Member
of Parliament contribute with their activities to the effective functioning of the Parliament.
It is notable that the Parliament has not shared the recommendations of Transparency International Georgia
specified in 2014 evaluation of performance of the Parliament. However, the recommendations of our organisation regarding transparency and increase of accountability of the Parliament were shared in 2015-2016
Action Plan of Open Parliament.
Transparency International Georgia thinks that it would be important for the Parliament to take into consideration the following recommendations:
1. Improvement of the legislative process
It is advisable to avoid systematic postponement of the entry of a law into force at the Parliament
and to substantiate each draft law, which is related to the postponement of the entry of a law into
force. It is important that, in coordination with appropriate agencies, the Parliament carries out periodic
monitoring of the measures necessary for the norms to be entered into force in the future, in order to
ensure all the circumstances that lead to the entry of amendments into force.
Expedited review of a law must be properly substantiated and must be applied by the Parliament
only in case of actual necessity, because the review of a draft law in one week limits the capability of
the society to be engaged in the process of review to the greatest extent possible.
The explanatory note of a draft law must be reasoned, informative and justified. Therefore it is
necessary to change the current standard of the explanatory note and improve it contextually.
It advisable that discussions of draft laws be confined to the Committee hearings and that in the
process of review of an especially important draft law (irrespective of the initiator of a draft law) the
Committees establish working groups including experts and the representatives of the civil society.
2. Parliamentary control enhancement and effective performance of the controlling function of
the Parliament
The Parliament should control the Government as effectively as possible. If required the members of
the Government should attend parliamentary sessions.
The Parliament should effectively use the parliamentary monitoring mechanisms determined by the
legislation: the Government Hour should be held, effective control of implementation of normative
acts should be carried out.
The Parliament should discuss at the plenary sessions the reports of the bodies accountable
to the Parliament, for example the reports of the National Bank of Georgia and the State Audit Office.
The Parliament should elect the officials and staff the state bodies within the timeframes established by law, in order not to interrupt effective functioning of the state institutions.
114
The representative of the executive authority should bear more responsibility for the controlling function of
the legislative body. Irrespective of the author of a question, whether it is a member of the parliamentary
majority or minority, the question of a Member of Parliament must be properly answered within the
established timeframes and the answer must be signed by an addressee Minister. The Members
of Parliament should often exercise their rights, granted under the Constitution of Georgia, to control the
members of the Government and other officials accountable to them. The content of a question should
be related to the important aspects of the public policy. All questions and answers of the MPs, recorded
in the archives of the parliament office, should be proactively published.
The Procedural Issues and Rules Committee and the parliament bureau should apply the mechanisms
determined by law and raise the issue of liability of the officials who fail to answer the questions
of the Members of Parliament or who provide inaccurate information.
3. Accountability and growth of responsibility of the Members of Parliament
In 2015 there were 2199 cases of absence of the Members of Parliament from plenary sessions with a
reasonable excuse, including 1442 cases of absence due to family circumstances. Participation in the
activities of the Parliament is a primary function of the Members of Parliament. It is advisable that the
members of the legislative body bear more responsibility for participation in the activities of the Parliament and not to abuse the privileges granted to them by law, according to which absence due to family
circumstances is considered as a reasonable excuse. Unfortunately, the Parliament was not willing
to change the current regulation in order to exclude family circumstances from the reasonable
excuses of absence. It is advisable that the Parliament reject the existing faulty practice and
make appropriate amendments.
It is advisable that the Members of Parliament more actively use their official e-mails published on
the web-site of the Parliament, to enable the citizens to contact them.
The Members of Parliament should correctly fill in their asset declarations, include there their own shares
and the shares of their family members and resign from the management positions of companies as
provided for by law. The Procedural Issues and Rules Committee should carry out effective control.
The Parliament should draw up the Code of Ethics, which should include an effective mechanism
of monitoring and the sanctions for violation of the Code of Ethics.
4. Transparency of activities of the Parliament and better information of the society:
For better information of the society on the work of the Parliamentary Committees it is advisable that
annual reports of the activities carried out by all Committees and the action plans of the following
years be published on the web-site of the Parliament.
It is advisable that the information on Committee hearings, published on the web-site of the
Parliament, include the comments of the members of the society which were not shared by the
initiator of a law or a Committee.
It is advisable that the draft laws, adopted at various stages of discussion, be published on the
web-site of the Parliament in due course and the Committee hearing protocols be written as fast
as possible.
It is advisable that all opinions of leading and obligatory Committees be published on the web-site
of the Parliament.
Despite the fact that it is possible to watch online, with the rewind function, the Committee sittings and
plenary sessions via the web-site of the Parliament, in case of the desire to repeatedly watch the record
it is difficult and sometimes impossible to find because of the absence of the archive. It is advisable
that the web-site of the Parliament have a thematically categorized archive.
It is recommended that complete public information is provided to interested persons in a timely
manner as defined by law. Weak coordination between the Organizational Department of the
Parliament and the Committees should not be a barrier for interested persons in receiving public
information in a timely manner.
115
It is advisable that the contact information of all majoritarian Members of Parliament be published
It is advisable that the cooperation between the Organisation Department and the Committees of
the Parliament be improved in terms of receipt of information in order for the interested parties to
obtain public information within the timeframes established by law.
116
Parliamentary majority
113
Gogorishvili Khatuna
Parliamentary minority
112
Taktakishvili Chiora
Parliamentary minority
112
Tkemaladze Zurab
Parliamentary majority
93
Volsky Giorgi
Parliamentary majority
91
Kutsnashvili Zakaria
Parliamentary majority
86
Ratiani Sergo
Parliamentary minority
85
Kakhiani Giorgi
Parliamentary majority
80
Kantaria Aleksandre
Parliamentary majority
80
Kordzaia Tamar
Parliamentary majority
77
Kurtanidze Eldar
Parliamentary majority
76
Gachechiladze Giorgi
Independent
75
Minashvili Akaki
Parliamentary minority
71
Darchiashvili Davit
Parliamentary minority
66
Khmaladze Vakhtang
Parliamentary majority
63
Kandelaki Giorgi
Parliamentary minority
51
Tsiklauri Nugzar
Parliamentary minority
47
Baramidze Giorgi
Parliamentary minority
46
Maghradze Guguli
Parliamentary majority
45
Melikishvili Zurab
Parliamentary minority
45
Popkhadze Gedevan
Parliamentary majority
45
Lortkipanidze Dato
Parliamentary majority
44
Chikovani Irakli
Free democrats
42
Kighuradze Ivane
Parliamentary majority
41
Zhorzholiani Gia
Parliamentary majority
41
Machavariani Mikheil
Parliamentary minority
39
Kublashvili Pavle
Independent MP
38
Tsereteli Giorgi
Parliamentary minority
37
Subeliani Koba
Parliamentary minority
36
Khundadze Dimitri
Parliamentary minority
36
Tarkhnishvili Levan
Parliamentary minority
35
117
118
Kvachantiradze Zviad
Parliamentary majority
35
Tevdoradze Giorgi
Parliamentary minority
33
Mechiauri Tamaz
Parliamentary majority
33
Londaridze Tariel
Parliamentary minority
31
Dzidziguri Zviad
Parliamentary majority
31
Nadirashvili Irma
Parliamentary minority
29
Bobokhidze Akaki
Parliamentary minority
28
Mirotadze Ani
Parliamentary majority
28
Kherkheulildze Ekaterine
Parliamentary minority
27
Shavgulidze Shalva
Free democrats
26
Ebanoidze Nodar
Parliamentary majority
25
Vashadze Giorgi
Parliamentary minority
25
Sakvarelidze Pridon
Parliamentary majority
22
Sesiashvili Irakli
Parliamentary majority
21
Bashaleishvili Demur
Parliamentary majority
20
Bezhashvili Levan
Parliamentary minority
20
Nergadze Teimuraz
Parliamentary majority
20
Kavtaradze Giorgi
Parliamentary majority
20
Tsiskarishvili Petre
Parliamentary minority
20
Gabashvili Giorgi
Parliamentary minority
19
Lemonjava Vakhtang
Parliamentary minority
19
Maisuradze Temur
Parliamentary majority
19
Japaridze Zurab
Independent MP
19
Bukia Giga
Parliamentary majority
17
Khabareli Shota
Parliamentary majority
17
Onoprishvili Davit
Free democrats
15
Abashidze Zurab
Free democrats
14
Kobakhidze Manana
Parliamentary majority
14
Kopaliani Karlo
Parliamentary majority
14
Sajaia Mariam
Parliamentary minority
14
Topadze Giorgi
Parliamentary majority
12
Goguadze Nino
Free Democrats
11
Dolidze Viktor
Free Democrats
11
Chilingarashvili Zurab
Parliamentary minority
11
Bokuchava Tinatin
Parliamentary minority
10
Targamadze Giorgi
Parliamentary minority
10
Ghviniashvili Giorgi
Parliamentary minority
Papuashvili Zaza
Parliamentary majority
Sanikidze Gubaz
Parliamentary majority
Shervashidze Iasha
Parliamentary majority
Bezhuashvili Davit
Independent MP
Berdzenishvili Davit
Parliamentary majority
Bolkvadze Anzor
Parliamentary majority
Kiknavelidze Paata
Parliamentary majority
Zhvania Gogla
Parliamentary majority
Usupashvili Davit
Parliamentary majority
Chapidze Eliso
Parliamentary majority
Tsagareishvili Giorgi
Free Democrats
Chkuaselil teimuraz
Parliamentary majority
Khabelovi Leri
Parliamentary majority
Japaridze Tedo
Parliamentary majority
Baratashvili Paata
Parliamentary majority
Nishnianidze Omar
Parliamentary majority
Okriashvili Kakhaber
Parliamentary majority
Khachidze Giorgi
Independent
Dumbadze Murman
Independent
Enukidze Gocha
Parliamentary majority
Vakhtangishvili Malkhaz
Parliamentary majority
Meladze Giorgi
Independent MP
Samkharauli Gela
Parliamentary majority
Chavchanidze Davit
Parliamentary minority
Khechinashvili Giorgi
Parliamentary majority
Gelashvili Gela
Parliamentary majority
Kiknavelidze Shalva
Parliamentary majority
4
119
120
Malashkhia Shota
Parliamentary minority
Shioshvili Tamaz
Free Democrats
Chitashvili Vazha
Parliamentary minority
Kvizhinadze Paata
Parliamentary majority
Makharadze Mikheil
Parliamentary minority
Tripolsky Erekle
Parliamentary majority
Khalvashi Pati
Parliamentary majority
Jachvliani Ioseb
Parliamentary majority
Berdzenishvili Levan
Parliamentary majority
Megrelidze Omar
Parliamentary minority
Keinishvili Nana
Parliamentary majority
Tsiklauri Mirian
Parliamentary majority
Bakradze Davit
Parliamentary minority
Gozalishvili Giorgi
Parliamentary minority
Gujabidze Bidzina
Parliamentary majority
Danelia Soso
Parliamentary majority
Darzievi Makhir
Parliamentary majority
Verulashvili Marika
Parliamentary majority
Kachakhidze Merab
Parliamentary majority
Lezhava Paara
Parliamentary minority
Misabishviil Guram
Parliamentary majority
Metrosyani Samvel
Parliamentary minority
Poghosiani Ruslan
Parliamentary majority
Suleimanovi Azer
Parliamentary minority
Chrdileli Otar
Parliamentary majority
Chkhetiani Darejan
Parliamentary majority
Tsereteli Malkhaz
Parliamentary majority
Khidasheli Tamar
Parliamentary majority
Achba Vladimer
Parliamentary majority
Akhalaia Roland
Parliamentary minority
Bukia Goderdzi
Parliamentary minority
Butskhrikidze Kakha
Parliamentary minority
Gelashvili Valeri
Parliamentary majority
Davitashvili Koba
Independent MP
Dartsmelidze Davit
Parliamentary minority
Zviadauri Zurab
Parliamentary majority
Tamazashvili Aleksandre
Parliamentary majority
Karbelashvili Giorgi
Parliamentary minority
Kedelashvili Zaza
Parliamentary minority
Liparteliani Gogi
Parliamentary minority
Mamedovi Ali
Parliamentary majority
Mkoyani Enzel
Parliamentary minority
Nakopia Koba
Parliamentary minority
Nikolaishvili Ramaz
Parliamentary minority
Peikrishvili Giorgi
Parliamentary majority
Kardava Levan
Parliamentary minority
Kacheishvili Tamaz
Parliamentary majority
Kipshidze Nikoloz
Parliamentary minority
Shavlokhashvili Revaz
Parliamentary minority
Chkhaidze Teimuraz
Parliamentary majority
Khabuliani Sergo
Parliamentary minority
Khalvashi Rostom
Parliamentary majority
Khubuluri Tengiz
Parliamentary majority
Japaridze Viktor
Parliamentary majority
Japaridze Tamaz
Parliamentary majority
121