The opinion of the Center for Social Justice on the implementation of the recommendation on deoligarchization

The non-governmental organization “Center for Social Justice” on November 17 published its opinion on the implementation of the European Commission’s recommendation on de-oligarchization for the country to obtain the status of an EU candidate, in which it explained that “taking into account contextual differences” between countries, the adoption by Georgia of an analogue of the Ukrainian “anti-oligarchic” law “should not be considered a reasonable step.”

In particular, according to the organization, both the Ukrainian and Georgian bills on de-oligarchization deserve “at least legal criticism”, since the definition of an oligarch given in them is vague.

“The vagueness of this term creates opportunities for unforeseen and unlawful use of the restrictions that are provided by law for a person recognized as an oligarch, which may be contrary to a number of fundamental rights,” the organization says.

No less vague, according to the organization, is the obligation to declare contact with a person recognized as an oligarch, and in case of its violation, the measures and content of the accompanying disciplinary / political responsibility. In addition, the bill provides for the transfer of such powers to political power, which restrict the important rights of a person recognized as an oligarch in such a way that “there is no possibility of judicial control over this decision.”

“And in conditions when there are no strong and independent democratic institutions in Georgia, the adoption of such a law creates a danger that such powers will be used selectively by the authorities, on the basis of political loyalty.”

The Center for Social Justice also believes that “the adoption of one specific law will lead to systemic changes to a lesser extent,” and in any case, at least “modern, systemic and deep reforms” are needed to really reduce the influence of the oligarchs.

The organization also added that reforms aimed at the autonomy of the state and the improvement of institutions should be supported by civil society and those political elites “who are ideologically ready to support the building of good governance in the country.”

“(Because) unsystematic, lengthy and scattered reforms, in terms of combating oligarchic influences, do not bring great results. In addition, the worst results of such reforms cannot be ruled out if systemic, coordinated changes in the political, economic and judicial spheres are not implemented,” the document says.

In addition, noting the importance of a broad and inclusive agreement to improve the efficiency, accountability and transparency of public institutions, the organization emphasizes the need for effective checks and balances between institutions.

“Accordingly, it is much more reasonable to focus on systemic and deep reforms, the implementation of which will contribute to the transformation of the oligarchs into ordinary economic players and, finally, the de-oligarchization of the state,” the Center for Social Justice believes.