Next in Turn Arbitrary Act of the President

By the order #92 (dated 05.02) of the President of Georgia, in Tbilisi, situated in Tsotne Dadiani street #134 a plot of 1664 sq. m. and located on it constructions in the form of disposition by direct sales defined by terms of privatization, passed into possession of Ltd “Devilax”.














But by the order #244 (dated 2009.03.31) of the President an alteration was introduced in the privatization rule #92 issued by the President of Georgia in 2008.02.05 about constructions and a plot attached to them possessed by a self-governing unit. In particular:
a) Rehabilitation of the object of privatization located in Tbilisi, Ts. Dadiani Street #134 and according to enclosure #1 its equipment in five month’s time since the alteration introduced in the contract concluded in 2008.04.16 of real property purchase and mortgage, also preservation of a definite sport profile in 10 years’ term.
b) Before bringing in a change in a real property purchase and mortgage agreement concluded in 2008.04.16. between Tbilisi City Hall and Ltd “Devilax”, for the purpose of ensuring the fulfillment of taken responsibilities to present the bank guarantee valid till 2010.02.04 in 5% rate of the privatization property value, but if the volume of the investment to be exceeds the value of privatization property, above-mentioned bank guarantee must correspond to 5% of the future investment value.
c) Before registering changes in a real property purchase and mortgage agreement concluded in 2008.04.16. between Tbilisi City Hall and Ltd “Devilax”, to present at Tbilisi City hall the estimate plan of the investment to be.

Enclosure #1

On the basis of the privatization object located in Tbilisi, Ts. Dadiani street #134 to develop the following sports infrastructure determined by the standards of sports federation:
3 carpeted wrestling gym (tribune, gym, chairs);
3 carpeted (each sized 12x12) Judo Gym (30x20 in size);
Training equipment gym (15 training simulators);
Boxing gym;
Heavy athletics gym;
Archery gym;
Administrative office;
2. To implement this order Tbilisi City Hall must guarantee the realization of specified in Georgian legislation measure. In the past above-mentioned plot and constructions belonged to sport society “Martve”. Besides the fact that the Sport complex was equipped with all facilities, there was also a football square locate on 1000 sq. m. plot. In president’s order #244 this fact is never mentioned and neither is the investor responsible to put into order a football square or not to change its status. In President’s order #244 above-mentioned, located on 1000 sq. m. plot football square, which today is in a deplorable condition, is nowhere to be found. As the mentioned football square is meant to be of great importance in rearing future generations and besides recreation, possesses other functions too, we demand in accordance with the 3rd point of the 5th item of Georgia general administrative code to declare invalid this administrative-legal act issued in exceeding authority form.  As reflected in the 37th item of constitution and in the environmental protection law human right “to live in health safe environment, to enjoy natural and cultural surroundings” is abused, practically an administrative agreement was concluded in the way that the total volume of the agreement object wasn’t taken into account, that is to say, the fact that the real property also embraced the football square was deliberately left out. In reality an alleged deal was concluded, and without any prior condition the 1000 sq. m. plot was additionally transferred into the possession of Ltd “Devilax”.
  According to the 56th item of Civil Code, “the agreement concluded only in alleged order, without the purpose that it will be succeeded by corresponding juridical results is invalid”. Proceed from above-said according to the 3rd point of the 5th item of administrative code the administrative-legal act issued in an exceeding authority form must be declared invalid.
 Opening of playgrounds with an artificial cover, guided by the President of the country has turned into a certain PR action for our authorities. Opening of squares (playgrounds) is in itself the fact to be welcomed, but it shouldn’t be done with a view to conceal the sale of great sports complexes.