Supreme Court of Georgia (country)

Supreme Court of Georgia

The Supreme Court of Georgia represents the court of the highest and final instance for administration of justice in the country, which was established in 2005 as a purely the cassation instance court. It is located in Tbilisi, the capital of Georgia.

The Supreme Court oversees administration of justice at common courts of Georgia and its activities are guided by the principles of legality, collective nature, publicity, equality of parties and competitiveness, as well as irremovability, immunity and independence of judges.

The Supreme Court of Georgia represents a court of cassation, which considers cassation claims on judgments made by the Courts of Appeal. In this regard, the role of Supreme (Cassation) Court for doing justice and establishing the principles of legality in the country is significant importance. It supports the introduction of unified interpretation of the law and establishment of the common judiciary practice.

Through the substantiated clarification and comparison of legal norms, by establishing of entire court practice, the Court of Cassation ensures prompt and streamlined functioning of the judiciary system, minimized protraction of hearing cases within the judiciary system and quick administration of justice.

The authority, organization of the Supreme Court of Georgia and the procedure of activity and of the pre-term termination of the office of the judges of the Supreme Court shall be determined by the Constitution of Georgia and Organic Law on Common Courts of Georgia.

Upon nomination by the President of Georgia the Chairman and the judges of the Supreme Court shall be elected for a period of not less than ten years by majority of members of the Parliament.

The Chairman and the members of the Supreme Court of Georgia shall enjoy personal immunity. Criminal proceeding of the Chairman or a judge of the Supreme Court, their arrest or detention, the search of their apartment, car, workplace or person shall be permissible only by the consent of the Parliament, except when the Chairman or a judge is caught flagrante delicto, which shall immediately be notified to the Parliament. Unless the Parliament gives its consent, the arrested or detained shall immediately be released.

Structure

Organic Law on Common Courts of Georgia administers the structure of the Supreme Court, according to which the:

• Chamber of Civil Cases

• Chamber of Administrative Cases

• Chamber of Criminal Cases

• Grand Chamber

• The Plenum

• Disciplinary Chamber

are established at the Supreme Court.

The Chamber of the Supreme Court considers cassation claims on judgments of the Courts of Appeal determined by procedural law and other cases assigned within its jurisdiction defined by the law and rules.

There is also a Disciplinary Chamber established at the Supreme Court of Georgia, which reviews claims against the judgments made by the Disciplinary Panel of Judges of Common Courts of Georgia.

The Chamber of the Supreme Court considers cases collectively, in a group of three judges. The judgments (decisions) of the Chamber of Cassation are final and may not be appealed.

There is also a Grand Chamber at the Court, which consists of the Chairman of the Supreme Court, Chairmen of the Chambers and no less than 12 judges elected by the Plenum for the term of 2 years. Sittings of the Grand Chamber are chaired by the Chairman of the Supreme Court, or a Chairman of one of the Chambers of the Supreme Court, as assigned by him.

The Chamber reviewing the case at the cassation level may transfer a case with motivated judgment to the Grand Chamber. The Grand Chamber with its 9 judges considers the most complex cases if:

• the case with its contents represents a rare legal problem;

• the hearing the case Chamber does not share the legal evaluation already made by either the Cassation Chamber or the Grand Chamber.

The Plenum is established at the Supreme Court of Georgia; it consists of the Chairman of the Supreme Court, First Deputy Chairman, Deputy Chairmen, Judges of the Supreme Court and the Chairpersons of the Appellate Courts.

Activities of the Plenum are led by the Chairman of the Supreme Court of Georgia. The Plenum defines the number of judges of the Supreme Court and also it is authorized to resolve organizational and legal issues within its competence.

CHAIRMANS Of SUPREME COURT OF GEORGIA: http://www.supremecourt.ge/default.aspx?sec_id=58&lang=2