The Problems of Seasonality and Selectivity of Laws’ Work in Georgia, or why the Minister of Economy will be Arrested and when Gobejishvili will be in Prison

Emzar Jgerenaia

Oh, that’s cool! It is difficult to think out such a long heading which is so vague and saying nothing at that.

It looks like TV appearances of some of our ministers. However, there is something antique, charming and attractive in this heading. For instance, why will the Minister of Economy be arrested? Or who is highly respected and honorable and at the same time profoundly dishonored and … Gobejishvili with the code 877 555999?
Imagine that in Georgia, to our regret and grief, there is labor legislation (there is no such thing in China and this problem does not worry them though, fortunately, they do not have ministers like Chogovadze) in accordance with which the state is obliged to pay a two months’ compensation to an employee in case his workplace is liquidated. And this law is for the Ministry of Finance that draws a budget and for the departments that has carried out liquidation of some institution and have to give compensations to its employees and envisage it in their supply, especially because they have increased their salaries 5 fold and more at the expense of liquidation. In their time they did not get round to reading this law’s article and appealed to the Constitutional Court that confirmed our quotation from the law. That is, thousands of former workers of the Ministry of Economy, whose workplaces were ruthlessly and energetically liquidated, were to receive compensation. Moreover, the budget, including the local ones, was to receive corresponding taxes out of this compensation, by means of which we would pave our littered and abundantly scented with Voulez-vous roads (you know that our roads are awfully fashionable, they have one covering in winter and another one in summer, then in autumn they are patched up and so on. So they are constantly transfigured and change their covering).
This compensation was to be made in autumn by the Minister of Economy, and the Ministry of Finance was to envisage it in the budget, since liquidation of all state institutions or offices is made according to the law, then by the government passes a resolution, the Ministry of Finance signs these documents and commissions are charged with taking decisions on these issues. But they do not care a damn for anything – they do not fulfill either the law or the government’s resolution. Why? It is not the season and Gobejishvili is still not in prison. Then it was put off till winter, but, according to Chogovadze’s lawyers, this law does not work in autumn-winter season, and now the poor liquidated ones are waiting for spring. However, there is a problem here too – Gobejishvili did not give consent to enabling of this law in spring and they are waiting for him (he, the Deputy Minister of Finance – Mr. Gobejishvili has no time since he permanently carries out attestations at the customs or tax administration, for the fifth time over time past year and, according to malicious gossips, absolutely ignorant persons passed attestation in his hands, then reattestation, and now are preparing for super attestation. Yet, is there any competence? Maybe the examiner lacks something, but what?..). He picks none of the phones and, in spite of the President’s strict warning, even the mobile one which he, by the way, uses at the state expense. If you do not believe, try to dial the number 877 555999. No, Gobejishvili does not fulfill the President’s instruction, and he is still not in prison.
Whereas, in accordance with Article 332 of Georgian Criminal Code, the abuse of the official position as a result of which the losses in the amount of 12% of 115 000 GEL (this is an especially big amount) were inflicted to the state, as well as to citizens and the budget since citizens demand a fine in the same amount which is envisaged by the code to tax payers through the fault of the Minister of Economy who, because of negligence, abuse of the official position and gross violation of the law, along with Gobejishvili caused damage to the state and, according to the law, arrest is in store for the citizens.
Some people will become excited and tell us that the case should be taken to court since this is a lawful state. They did so and succeeded but did not get anything. In the second case the judge did not accept the claim at all. “I will not consider the case since Gobejishvili has not envisaged the sum in the budget. You are supposed to get what you want, you are such good people, but you will not get it, everything depends on means”, – the judge shed tears.
It so strange, March has come and this law on compensations should have been enabled yet, but this Gobejishvili is still not in prison, and the Minister of Economy does not give compensations to people without Gobejishvili’s resolution, and meanwhile he can be dismissed. Then someone else will come to this post and it will last for ever and ever while fulfillment of the law depends on the minister’s mood – he fulfills it if he wishes and does not if he does not want. However, if a tax payer does not fulfill his liabilities, he will be arrested. Nevertheless, the minister or his deputy are not arrested for the same behavior. “Where does this law from?” – you may ask. It is local. But when the season of the law’s work will come, when the compensations will be given out, when the ministers that break the law will be called to account for oppression of people, and when they will be in prison together with their deputies.
It is strange, as if we are really the country that is governed by mood instead of law. Ask Gobejishvili and Chogovadze whether it is so or not – force of law takes places not only in time and space, but also in mood and temper. This is a contemporary peculiarity and a modernist-symbolist western-Norman trend in the Georgian legislative space.