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On February 22, 2021, the draft law on "Code of Enforcement" was submitted to the Parliament of Georgia for consideration.

On February 22, 2021, the draft law on "Code of Enforcement" was submitted to the Parliament of Georgia for consideration.

The creation of the draft Code of Enforcement is due to the fact that at present there is no unified and systematic legal document in the field of enforcement. The Law of Georgia on Enforcement Proceedings, adopted on April 16, 1999, is outdated and can no longer meet modern challenges. Due to the large number of changes in the law over the years, the perception of the law and its content is complicated. The law has lost its form and structure, which complicates its application by both executors and litigants.

The purpose of the draft law is to eliminate the shortcomings of the Law of Georgia on Enforcement Proceedings and to define in detail and chronologically the rights and responsibilities of persons participating in enforcement proceedings, liability in case of non-fulfillment of obligations, separate specific rules of enforcement, rules of submission of documents and other notifications.

According to the draft law, the institutes of "Executor of National Bureau of Enforcement" and "Private Executor" will be abolished and a new entity will be created - LEPL Chamber of Executors, which will include all executors. Executors are defined by a specific area of action. Enforcement cases will be distributed among the executors in the respective area of action through the electronic case distribution system. According to the draft law, in the future it is planned to enact such a regulation, according to which the executor will be authorized to carry out enforcement activities without considering the principle of scope, except for cases received through the electronic system of automatic distribution of cases.

According to the draft law, a new entity appears - the Inspector, who represents a person employed in the National Bureau of Enforcement and ensures the execution of certain categories of cases. The National Bureau of Enforcement, through the inspector, will enforce cases against the budget of the state, autonomous republic or local self-governing unit and cases classified as secret in accordance with the legislation of Georgia, as well as manage the amount of bail and diversion defined by the Criminal Procedure Code. The inspector enjoys all the powers of the executor and also bears all the duties of the executor, except for the specifics related to his activities.

In case of adoption of the draft Code of Enforcement by the Parliament, the entry into force of the Code of Enforcement is planned for October 2021.

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