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 29 November, 2017, the Constitutional Court of Georgia adopted the Judgement in the case of “Citizen of Georgia Zakaria Kipshidze v. The Parliament of Georgia” (constitutional complaint №781)

The complainant alleged that the provision of the Law of Georgia on International Private Law violated the constitutional right to property, as it granted the competence to Georgian court, to use interim measures to secure the complaint in the dispute proceedings, which were conducted at the court of a different country, while the interim measures were enforceable in Georgia. The complainant pointed out that it was not the legal institution provided in the disputed rule in general, that was unconstitutional, but granting of the above- mentioned power to the court without establishment of due procedural guarantees for it.

The Constitutional Court rules, that the problem of the complainant was not linked to the disputed provision, which determined the jurisdiction of the common courts, but to the procedural rules, which determined, how the interim measures to secure a complaint should be undertaken. The subject of the disputed rule is not the procedure of adjudication on the interim measures to secure a complaint. In view of the above-mentioned, the Constitutional Court did not uphold the constitutional complaint №781.