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 11 July, 2017, the Constitutional Court of Georgia adopted the Judgement in the case of “Citizen of Georgia Imeda Khakhutaishvili v. The Parliament of Georgia” (constitutional complaint N851).

The complainant challenged the possibility of sentencing to the additional punishment of deprivation of right of certain activities, when this punishment was not provided in the respective Article of the Private Part of the Criminal Code of Georgia with regard to the freedom of work enshrined by the Constitution.

The Constitutional Court explained, that the challenged regulation served the goal of individualization of punishment and was an effective means to achieve this goal. It could not be considered as manifestly unreasonable and disproportional punishment measure. The location of the disputed provision in the General Part of the Criminal Code was an issue of drafting technique. Therefore deprivation of convict of a right of certain activity by the court, even when this type of punishment is not provided in the Article of the Private Part of the Criminal Code constitutes the administration of justice, not implementation of legislative powers.

In view of all the above-mentioned, the Constitutional Court of Georgia did not uphold the constitutional complaint №851.