A recommendation of the Public Defender of Georgia to the Kobuleti Municipal Council
Based on Paragraph B of Article 21 of the Georgian Law on the Public Defender of Georgia, the Public Defender has addressed the Head of the Commission on Recognition of Ownership Rights of the Kobuleti Municipal Council of the Autonomous Republic of Adjara with a recommendation to study the decision of the Commission regarding citizen Mepkhule Davitadze and to make a decision that corresponds to the law. On December 12, 2011, the Public Defender of Georgia received an application of citizen Mepkhule Davitadze who considered that the decision of the Commission on Recognition of Ownership Rights of the Kobuleti Municipal Council of the Autonomous Republic of Adjara had violated her rights. The Public Defender requested and studied all the documents of the case. On March 31, 2009, citizen M. Davitadze applied to the Commission on Recognition of Ownership Rights of the Kobuleti Municipal Council of the Autonomous Republic of Adjara with a request to recognize her ownership on a land plot with an area of 3,140 square meters, which is located in the settlement of Chakvi, adjacent to Adjara Street. The Commission refused to recognize her ownership on the land plot on the grounds that the fact of willful occupation of the aforementioned land plot could not be established. The decision of the Commission on Recognition of Ownership Rights of the Kobuleti Municipal Council does not contain substantiation of why the documents submitted by citizen M. Davitadze fail to establish the fact of willful occupation of the land plot.The administrative body did not deliberate on the required documents submitted by the applicant with which she confirmed the fact of willful occupation of the land plot and the legal basis of the recognition of the ownership rights. Accordingly, the Commission on Recognition of Ownership Rights made the decision without investigating and studying the corresponding circumstances, facts, evidence, and arguments. Based on all the aforementioned, there are factual and legal preconditions confirming that the Commission on Recognition of Ownership Rights of the Kobuleti Municipal Council substantively violated the requirements established by the legislation when it made the decision, or when it prepared and issued an individual administrative-legal act, which, in accordance with Parts 1 and 2 of Article 601 of the General Administrative Code of Georgia, creates grounds for the nullity of the aforementioned administrative-legal act.