14. At the stage of the project development and realization, a working team considering the
complaints and proposals filed within the scope of the project and is established. A 6-member team
will include two representatives of APs. Please, feel free to name candidates to be the members of
the working team:
1. Representative of Women PAPs: _____________________________________;
2 Representative of PAPs: __________________________________________;
ANNEX 4 SYNOPSIS OF SELECTED GEORGIAN LAWS AND REGULATIONS ON
Constitution of Georgia. The Constitution determines the essence of private ownership and defines
presumption of inviolability and also regulates the issues related to compensation and
expropriation of land and immovable property for necessary public need. The Constitution of
Georgia ensures the publicity of information. Pursuant to Article 21 of the Constitution of Georgia
“the right of ownership and inheritance is declared and secured”. Nobody is eligible to cancel the
universal right of ownership and legacy. Throughout of the necessary public need or if the urgent
necessity has emerged, the Article 21.3 of the Constitution allows the expropriation of the private
ownership however, only according to the Court Decision or under the rules identified in the
organic law7 on basis of the appropriate and fair reimbursement.
Other articles of the Constitution of Georgia also establish legislative basis in respect with the
resettlement measures related to infrastructure projects. This considers the State actions for
expropriation of land for urgent public need, i.e. exercising the right of expropriation (power of
eminent domain), also information disclosure and public consultations, protection of cultural
heritage and grievance redress related to land acquisition and resettlement of population. The
stated regulations create the set of procedures that allow obtaining the permit on road construction
from private owners.
In the process of construction and rehabilitation of infrastructure elements, the significant
attention shall be paid to the protection and care of cultural heritage so that they are not damaged
and deteriorated. In accordance to the Article 34 of the Constitution of Georgia, “each and every
citizen of Georgia is obliged to care for the protection and maintenance of cultural heritage. The
State protects cultural heritage by the Law”.
The Constitution ensures the right of a citizen to live in safe and healthy environment and use
natural and cultural environment. The State undertakes environment protection measures to secure
safe environment for people. People have the right to obtain "full, true and timely information" in
regard with their work place and residential environment.
The Article 42 of the Constitution makes the citizens eligible to claim, in particular protects them
and encourages appealing to the court for protection of their rights and freedom.
self-government’s operation, authorities of local self-government bodies, their establishment and
duty rules, their finances and properties, relations with citizens, state authorities, as well as with
public and private legal entities. Local self-government is carried out by municipalities: in self-
governed cities and in self-governed communities. The law establishes the categories of municipal
property, the way of establishment and property rights (with the exception of natural resources, as
their use, ownership and management is regulated by the Georgian legislation), as well as
municipal property privatization issues.
Municipalities have their own property that could include non-agricultural lands, agricultural lands
categories: the basic (inalienable) property and the additional property. The basic (inalienable)
property can only be used for the public functional use by municipality and for carrying out duties.
The basic (inalienable) property is inalienable, besides the exceptional cases. The additional
property is inalienable. If it is necessary property of municipality can be transferred free of charge
to the State.
of obligations, family law and the law on inheritance. Regulations of the Civil Code that are
particularly relevant to the property law section, where the ownership, construction and servitude
rights are discussed, and other type rights directly related to the project are elaborated below:
Ownership Right. The ownership right entitles its beneficiary to freely possess and use
Ownership on the land parcel gives implicit right to the land owner to implement
construction activities if it is not restricted by any agreement or law;
temporary use (not to exceed 59 years) for charge or free of charge. The transferee obtains
the right to build a building/construction on or under the land plot, as well as to assign and
transfer this right under inheritance or tenancy, borrowing or renting. The construction
right may cover such part of a land plot that is not necessary for the actual construction but
allows a better use of the facility constructed on the basis of the construction permit.
Termination of the construction right requires consent from the landowner;
legal alternative to expropriation, which is regulated by the Civil Code of Georgia (Article
180). Per Civil Code, Necessary Right-Of-Way can be invoked “if a land plot lacks access
to public roads, electricity, oil, gas and water supply lines that are necessary for its adequate
use”. The owner may then claim for using a neighbour’s land parcel “for the purpose of
providing the necessary access”. “Necessary Right-Of-Way” is granted by a District Court
based on an application by the “neighbour” that must contain a justification of the urgency.
Compensation may either be amicably agreed or be decided by the judge further to the
decision granting “Necessary Right-of-Way”. Fundamentally “Necessary Right-Of-Way”
is intended to allow a landowner to obtain right of way through a neighbouring land parcel
for utilities serving his/her land parcel. It can be used where amicable agreements cannot
be reached due to refusal or absence of affected landowners;
Servitude. Servitude Right on the property establishes the limits on land parcel or on other
Beneficiary is granted with the right to use land parcel under restriction with some
conditions on land parcel under restriction and/or restrict concrete activities or prohibit
land owner in regard of this land under significant rights. However, in regard with this
project, any rights (among them ownership, construction, inevitable road or servitude) the
terms and conditions for transfer the right for constriction shall be defined against each