The abstract of the judgment (The judgment is available only in Georgian). Abstracts published by the Constitutional Court of Georgia summarise the facts of the case and key legal considerations of the judgment.

Abstract

On 21 July, 2017, the Constitutional Court of Georgia did not uphold the constitutional complaint (registration №680) of “LLC UCG Green Power” v. the Parliament of Georgia.

The complainant challenged the provision of the Criminal Procedure Code of Georgia, according to which, in case of seizure of the property in the criminal procedure, use of property may also be prohibited, if necessary.

The Constitutional Court pointed out, that the goals of application of seizure will not be accomplished/fulfilled in certain cases without prohibition on use of property. The need for prohibition of use may be generated by various circumstances, including the role of the seized property and its function in the process of preparation/commission of the crime. The Court declared, that when prohibition of use of property is necessary for prevention of serious crime, this type of restriction of the right to property does not contradict the strictures of the Constitution.