Ministry of Justice (Georgia)
Ministry of Justice is an executive branch of the Georgian Government, which is responsible for development and improvement of national legislation in accordance with international standards, promotion of democratic values and strengthening the rule of law, and serving the public interest.
The Main Activity Areas:
Legislating, harmonization of legislation and raising legal awareness in public.
Ministry of Justice, on the one hand, provides legislative activities, and on the other, ensures harmonization of legislation with international legal standards. In this regard, Ministry of Justice is working closely with the Parliament, the Office of the Georgian Government (the Chancellery), relevant ministries, other state and local agencies, as well as foreign and international organizations.
The types of activities carried out by the following structural units:
Department of Legal Drafting is conducting legislative (lawmaking) activities and preparing respective draft projects of legislative and sub-legislative normative acts; coordinating relations between the Ministry and the Parliament with respect to lawmaking, and relations between the Ministry and the Government Chancellery; researching development needs and prospects in specific fields of law, conducting research and analysis of legislation of foreign states, researching problems of other ministries and agencies in order to support their legislative activities; verifying compliance of normative acts with the Constitution of Georgia and, if necessary, providing appropriate proposals regarding their modification; ensuring compliance of normative acts with those which have superior legal force, and preparing specific proposals, conclusions and projects aimed at eradication of legislative collisions.
Analytical Department researches international standards, experience of foreign states, analyzes the world's best practices and based on the analysis, prepares recommendations for key legislative reforms. In certain cases, the Analytical Department independently develops legislative initiatives of strategic importance, and projects on legislative and sub-legislative normative acts. In this way, the Analytical Department ensures development in various priority areas, such as, criminal justice, juvenile justice, labor law, democratic governance and anti-corruption reform, freedom of information, etc.
Department of Public International Law prepares proposals related to compliance of the national legislation with Georgia’s obligations deriving from international treaties and membership in international organizations. In addition, the Department prepares legal conclusions on compliance of international treaties with Georgian legislation as well as on possible legal consequences of mandatory acknowledgment, suspension or termination of the indicated international treaties.
In accordance with the Ministry’s objectives, Press and Public Relations Department implements projects, which increase citizens' participation in decision-making and fosters raising of legal awareness in public; informs the public about the main directions of the agency’s work.
"Legislative Herald of Georgia" ensures systematization, registration and official publication of normative acts.
The mission of Training Center of Justice is to be actively involved in all the activities aimed at raising legal awareness in public, informing the target groups on legal and legislative reforms and new approaches, in order to ensure protection of human rights and public safety in the country, ensure customer-oriented services to facilitate the development of good governance and free business. The main areas of the activities of the Training Center of Justice include: training, selective and certification testing; consulting.
Development and implementation of national policy
Ministry of Justice carries out legal exemination and is involved in development of national policy in target areas.
These types of activities are implemented by the following departments:
Based on the analysis and research, Analytical Department assists the justice system in determining and implementing public policy in the fields of Rule of Law, justice and democratic governance. For this purpose, within collaboration scopes with local and international organizations the Department conducts surveys in comparative law and sociology and elaborates respective recommendations. The Department is actively involved in the strategic planning process.
Department of Legal Drafting conducts legal expertise of legislative acts, as well as certain categories of sub-legislative acts, and determines their compliance with normative acts with superior legal force.
Public International Law Department ensures development and implementation of legal cooperation policy with foreign states and international organizations. As the Secretariat of Interagency Councils / Commissions, the Department plays an active role in policy-making and implementation in the following areas: the fight against trafficking, fight against drug abuse, implementation of international humanitarian law at national level, fight against torture and ill-treatment, implementation of the United Nations sanctions at national level.
Department of State Representation in International Courts ensures State representation in the European Court of Human Rights and United Nations Human Rights Treaty Bodies with respect to ongoing disputes based on complaints filed against Georgia, as well as execution of decisions made by international courts, and taking other measures aimed at strengthening protection of human rights in Georgia and prevention of their violation.
Department of Agreements Expertise and representation in court carries out the legal examination of international trade and financial agreements.
Ministry of Justice represents the State interests in domestic courts, as well as in international and foreign arbitration tribunals and courts.
This function is provided by the following departments:
Department of Agreements Expertise and Representation in Courts represents Ministry of Justice in civil and administrative disputes. Furthermore, pursuant to the law-prescribed rule, the Department represents other administrative bodies in the disputes at Georgia’s courts, where the disputed amount exceeds 1 million GEL, or if the case is particularly complex.
Department of State Representation in Arbitration and Foreign Courts ensures State representation in foreign courts and arbitration tribunals.
Department of State Representation in International Courts of Human Rights provides State representation in the cases at the European Court of Human Rights and the United Nations Human Rights Treaty Bodies (the Quasi-judicial Court of Human Rights).
Department of Public International Law ensures execution of mutual legal assistance treaties (MLATs) facilitating obtaining of evidences from foreign competent bodies for criminal, civil and administrative cases, or providing evidences to these bodies; submission of Government reports to the UN and EC human rights contractual bodies. In addition, the Department of Public International Law is the central body for protection of children's rights at international level, namely, under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Department of Public International Law collaborates with the International Court of Justice, ensuring State representation and coordination ICJ’s cooperation with other government agencies. In addition, the Department carries out representative functions within the framework of the Hague Conference on Private International Law.
Analytical Department performs representative functions at international organizations covering themes such as open governance, corruption, Rule of Law and justice.
Effective inter-agency coordination
Interagency coordination ensures effective participatory and consultative processes, as well as harmonized and unified governmental policy development and implementation of an effective mechanism.
Performing secretariat functions of the Anti-Corruption Interagency Coordinating Council and the Criminal Justice Reform Interagency Coordination Council, Analytical Department coordinates the criminal justice system reform, open governance and anti-corruption reforms.
In this direction, the Department is implementing the following duties: Administration of working groups created within the framework of anti-corruption, open governance and criminal justice reforms; coordination of NGOs, international/donor organizations; administrative and analytical support for the Council and working groups; elaboration of recommendations for strengthening the Council; provision of support for preparation of the strategy and action plan; promotion of research of best practices and development of relevant initiatives; implementation of the recommendations in accordance with evaluations of international organizations.
Department of Public International Law coordinates functioning of the following inter-agency councils: the Interagency Coordinating Council for Combating Drug Abuse; the Interagency Coordinating Council for Carrying out Measures against Trafficking in Human Beings; the Interagency Coordinating Council of International Humanitarian Law; the Governmental Commission for Implementation of United Nations Resolutions; the Interagency Coordinating Council against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. With respect to these areas, the Department of Public International Law is involved in development of respective State strategies, action plans and, if necessary, legislative changes. In addition, the Department actively participates in the implementation of the action plans and in preparation of related analysis.
Department of Legal Drafting is coordinating activities of the
Private Law Reform Implementation Advisory Council, which was established under the order of the Minister of Justice, April 23, 2013. The Council is formed by representatives of Ministry of Justice, academic circles, lawyers' associations, NGOs and business sector. Creation of the Council is aimed at refinement and improvement of existing legislative acts in private law, provision of additional guarantees for protection of rights of the subjects of Private Law, preparation of proposals and recommendations on specific issues of Private Law and drafting relevant legal acts projects, as well as general coordination of the activities of the parties involved in the processes of Private Law reform.
Analytical and administrative support for the State Commission for Migration Issues is provided by the Secretariat functioning at the LEPL of Ministry of Justice of Georgia - State Services Development Agency - established under recommendations and support of the EU.
The State Commission for Migration Issues was established on October 13, 2010, under the resolution № 314 of the Georgian Government. The Commission is an advisory body of the Government, which analyzes and makes decisions with respect to various topical issues related to migration management. The Commission is chaired by the Ministry of Justice, and co-chaired by the Ministry of Internal Affairs.
Legal Groundwork Interagency Coordinating Council for Development of Land Management was established under the Resolution of the Government of Georgia on October 2, 2013, and is formed by representatives of various state agencies, as well as experts and specialists working in related fields. The Council is chaired by the Minister of Justice, Tea Tsulukiani. The main objectives of the Coordinating Council are: a) elaboration of legislative / regulatory frameworks for development of land management in Georgia; b) study of the problems related to introduction of a new geodetic coordinate system, and, if necessary, preparation of respective draft projects of normative acts.
Ministry of Justice ensures provision of efficient and accessible service delivery to the customers. The Ministry has developed a concept of the Public Service Hall and the Community Center, which provides functions of several agencies in one space in order to facilitate efficient service and information accessibility for the customers.
Services at public service halls and community centers are provided by the following LEPLs and agencies of the Ministry:
State Services Development Agency provides the following services: registration of civil acts - birth, death, marriage, divorce, child adoption, paternity determination, name change, as well as issuance of ID cards and residence permits, passports, travel passports for persons without citizenship and travel documents for refugees; Examines the issues related to migration and citizenship: receiving, restoring, granting, termination, and issuance of residence and immigration permits, visas and more. In addition, from 2009, functions of the Legalization and Apostil Division of the Department on Private International Law were transferred to the above-mentioned agency.
National Agency of Public Registry ensures maintenance of the public register and accessibility to information. The Public Registry is comprised of the register of titles to immovable things, the register of restrictions under public law, the register of tax liens/mortgages, the register of titles to movable things and intangible assets, the register of entrepreneurs and non-entrepreneurial (non-commercial) legal entities, the register of political parties and the register of addresses; The Agency’s functions are: to perform registration; to ensure access to information; to develop methodology instructions for its territorial registration offices and authorization holders; to perform other powers prescribed by the Georgian legislation; to perform individual types of services for taxpayers envisaged by the Georgian tax legislation based on agreements concluded between tax authorities and the Agency; to implement the numbering of and register data concerning geographical objects, a system of geographical objects located on the territory of the city, Tbilisi.
Notary Chamber of Georgia is a legal entity of public law with mandatory membership of notaries that regulates notarial activities. The Notary Chamber represents and protects the notaries’ interests, assists them in notarial activities and development of qualification, and provides high-quality and efficient notary services.
The National Archives provides access to the documents stored in the national archival fund within a legal framework, and ensures its protection and replenishment.
The main task of the National Bureau of Enforcement is to ensure enforcement of courts decisions, as well as decisions made by a number of administrative bodies with respect to civil and administrative cases. The Bureau's mission is to enforce the decisions in such a way that ensures a balance between the interests of the parties.
At the same time, the National Bureau of Enforcement performs additional services, many of which are aimed at offering to specific individuals and legal entities effective means to protect their rights and interests. Including: the statement of facts, simplified proceeding, property assessment, and more.
Administration of Ministry of Justice, receives and processes the applications submitted by citizens, organizes receiving of citizens to the offices of the Ministry and its agencies, responds to citizens' applications, which are beyond the scope of the powers of other structural units.
LEPL Smart Logic of Ministry of Justice supports introduction of advanced information and communication technologies (ICT) within the State activities and proper functioning of the Government by means of communication and information technologies.
The main objective of LEPL Data Exchange Agency of Ministry of Justice is development of E-governance. The Agency is committed to establish an infrastructure for data exchange and provide implementation of information security policy.