What we need to know about plea bargaining
A plea agreement is an agreement between the accused and the prosecutor in which the accused admits guilt and agrees with the prosecutor on the sentence, mitigation of charges, or partial dismissal. Typically, the agreement involves cooperation and/or compensation for damages. When concluding a plea agreement, it is possible to agree on a lighter sentence than the minimum prescribed by law, to mitigate charges, or to partially dismiss them. The plea agreement is formalized in writing and approved by a court verdict. Both the accused/convicted person and the prosecutor can propose a plea agreement. It can be concluded both in the court of first instance and after the verdict is issued. However, most commonly, plea agreements are approved at the first court appearance of the accused. A protocol is drawn up regarding the plea agreement, which reflects the negotiation process between the accused and the prosecutor. A copy of the plea agreement protocol is given to the accused and their lawyer. The accused and their lawyer have the right to make comments on the plea agreement protocol, which are attached to this protocol. The plea agreement protocol is signed by the prosecutor, the accused, and their lawyer, as well as the legal representative of the accused, if any. It is noteworthy that in the case of a plea agreement, the court issues a guilty verdict without directly and orally examining the evidence. Concluding a plea agreement does not relieve the accused of civil and other types of liability. The accused has the right to withdraw from the plea agreement at any time before the court issues a verdict without considering the merits of the case. After the verdict is issued, it is not permitted to withdraw from the plea agreement. The court's verdict enters into force immediately upon announcement and can only be appealed if: the plea agreement was concluded under coercion, threat, violence, intimidation, or deception; if the accused's right to defense was restricted; if the plea agreement was concluded in such a way that, even considering the accused's admission of guilt, there is insufficient evidence in the case that would convince an objective person that the accused committed the crime. It should be noted that if negotiations are ongoing with the accused regarding the conclusion of a plea agreement, it is mandatory for the accused to have a lawyer. If you wish to conclude a plea agreement and need the assistance of a lawyer, you can contact us at: 591811588.
Bringing the company's registration data into compliance with the new law on entrepreneurs
If your company (LLC, GP, JSC, LP, cooperative, branch of a foreign enterprise, as well as individual entrepreneur and non-profit non-commercial legal entity) was registered in the Business Registry before January 1, 2022, you are obliged to bring your company's registration data into compliance with the requirements of the new Law on Entrepreneurs by the end of 2023. In case of non-fulfillment of the obligation, the "Business Registry" will give you an additional 3-month period. If the obligation is not fulfilled within the additional period, your company's registration will be canceled. To bring the company's registration data into compliance with the requirements of the new Law on Entrepreneurs, the following is required: Submission of the company's decision (minutes of the general meeting of partners, board minutes, etc.) on bringing into compliance with the requirements of the new Law on Entrepreneurs;Submission of the founding agreement;Submission of the charter brought into compliance with the new law or use of the standard charter approved by the Minister of Justice;Service fee of the National Agency of Public Registry (200 GEL in 1 working day; 400 GEL on the day of application submission; signature verification fee: 7 GEL per signature);Registration on the electronic portal. iuristi.ge, since the enactment of the new Law on Entrepreneurs, has been providing services to companies in bringing their registration data into compliance with the law. The average service time is 2-3 days. For consultation, contact us at: 591811588. Consultation is free.
Obtaining a work residence permit
One of the types of residence permits provided for by Georgian legislation is a work residence permit. A work residence permit is issued to a foreigner for the purpose of carrying out entrepreneurial or labor activities in Georgia. Any activity from which a person receives remuneration is considered labor activity. The issuance of residence permits is regulated by the Law of Georgia "On the Legal Status of Aliens and Stateless Persons" and Resolution No. 520 of the Government of Georgia of September 1, 2014 "On Approval of the Rule for Consideration and Decision on Issuance of Residence Permits in Georgia". To obtain a work residence permit, a foreigner must apply to the Public Service Development Agency (Public Service Hall) - a legal entity of public law operating under the Ministry of Justice of Georgia. To obtain a work residence permit, a foreigner must submit the following to the agency: 1. Application form of the established format - this application form can be obtained at Public Service Halls. 2. A photograph, size 3/4. 3. Copy of the foreigner's travel document - A foreigner's passport may be submitted to the agency without a Georgian translation if it contains the foreigner's personal data in Latin transliteration. 4. Copy of the document confirming legal stay in Georgia - Georgian visa or other document confirming that you are legally staying in Georgia. 5. Document confirming entrepreneurial or labor activity in Georgia - Employment contract or other document confirming employment. If these documents do not confirm the foreigner's legal income, the amount on the foreigner's personal bank account (including a certificate issued by the bank) can also be considered as income, which, taking into account the duration of the work residence permit, should not be less than five times the subsistence minimum of an average consumer defined in Georgia monthly. 6. A certificate confirming that their monthly income/remuneration from entrepreneurial or labor activities in Georgia is not less than five times the subsistence minimum of an average consumer defined in Georgia. 7. A document issued by the LEPL - Revenue Service, confirming that the annual turnover of the enterprise employing the foreign applicant or the enterprise founded by them is not less than 50,000 GEL for each foreigner seeking a work residence permit. If the foreigner's employer or the enterprise founded by them is an educational or medical institution, the annual turnover is at least 35,000 GEL for each foreigner seeking a work residence permit. 8. Receipt confirming payment of the service fee. The Public Service Development Agency makes a decision regarding the issuance of a work residence permit within 30 days, the service fee is 210 GEL. It is possible to receive expedited service - in case of requesting a decision within 20 days, the service fee is 330 GEL, and in case of requesting a decision within 10 days - 410 GEL. A work residence permit is issued for a maximum period of 6 years. Our company's lawyers will assist you in obtaining the documents required for submission to the Public Service Development Agency to obtain a work residence permit, and will also provide representation in Public Service Halls.
Determining child visitation days
Every parent has the right to have a relationship with their own child, participate in their upbringing, and have the opportunity to interact with the child for an appropriate amount of time, either in person or through communication means. Unfortunately, after divorce, when parents no longer live together, they often cannot agree on the rules and conditions of interacting with the child. In practice, children often stay with the mother, and sometimes the father's right to interact with his own child is limited or completely taken away by the mother. It is noteworthy that in this case, we are dealing with a violation of not only the father's rights but also the child's rights, as the child has the right to have a relationship with their parent. At such times, it becomes necessary to appeal to the court and determine the rules of interaction with the child through it. The lawyers of our law firm who work on family disputes apply to the court monthly to protect the interests of parents whose rights have been violated. After consultation, according to the client's wishes, our lawyers request the court to determine various forms of interaction with the child. This can include determining days to see the child, bringing the child to one's own residence for a specified time, taking the child for walks, taking the child on vacation or to specific places during holidays, and more. It is noteworthy that during the court proceedings for this type of case, social service specialists - social workers - are involved at the stage of case processing. They check the living conditions of both parents and conduct interviews with them on other important issues, based on which a final conclusion is drawn. Sometimes, it becomes necessary to involve a child psychologist in the case as well. Based on the circumstances described in the social worker's conclusion and other evidence in the case, in accordance with the child's interests, the court establishes the rules for the parent's interaction with the child. If you have a similar problem, if you have been deprived of or limited in your interaction with your own child, we are ready to help you solve this problem.
Inheritance acceptance procedure
The Civil Code of Georgia provides for the transfer of inherited property to heirs in two forms: by law and by will. In this article, we will focus on inheritance by law, as this issue is quite relevant in society, and due to lack of knowledge of legal norms, many people suffer losses and lose the right to receive property left by their parents. Inheritance by law implies receiving inherited property in two ways: 1) by applying to a notary office regarding the receipt of inherited property and 2) receiving the said property through actual possession. Application to the notary office must be made no later than six months from the death of the testator. After this time has passed, the heir must apply to the court for the latter to consider the missed six-month period as excusable. Applying to the court will no longer be necessary if all heirs receiving the inheritance agree. Receiving an inheritance through actual possession refers to the case when the heir actually begins to use the property left after the testator's death. For example, after a parent's death, the child continues to live in the house. It is important to note that partial possession of inherited property implies its full acceptance. For instance, if a person begins to possess property in Tbilisi, and the property left by the testator is also in Adjara, it is considered that this person exercises possession of the entire property, including in Adjara, and accordingly, all this property is considered received. Our company's lawyers assist interested parties in the process of receiving inheritance and provide full legal services, both in court and in other bodies.
Divorce
Divorce in Georgia occurs through two methods: When both parties consent, termination of a registered marriage is possible by jointly applying to the Public Service Development Agency of the Ministry of Justice of Georgia (Justice House). If one spouse does not want a divorce, or if there are property or non-property disputes between the spouses, divorce is pursued through court application. Our company offers legal services for both scenarios: Divorce at the Justice House with mutual consentIf both parties agree to terminate the marriage through divorce, the spouses can apply to the Justice House, and the divorce will be registered within 5 working days. Our company's lawyers are prepared to represent one or both parties at the Justice House through power of attorney and complete this often unpleasant process as comfortably as possible. Many clients utilize this service because parties frequently wish to avoid meeting due to strained relationships. Our company's lawyers will ensure the preparation of all necessary documents and handle the divorce registration. This service is particularly advantageous when one or both spouses are abroad. In such cases, our company's lawyer can act as a representative for one or both parties, eliminating the need to return to Georgia for divorce registration. Divorce through court proceedingsOften, one spouse may not desire a divorce, or the parties may disagree on property or non-property issues related to the divorce. In such cases, divorce is only possible through court proceedings. Our company's lawyers specializing in family disputes will protect your interests in court. Specifically, our attorneys prepare the lawsuit for court filing, attend court hearings, and safeguard your property and non-property rights. It's important to note that when a client is represented by a lawyer, they are not required to attend court proceedings themselves. For additional information and consultation, please contact us through your preferred method - by phone, online chat, or email. Consultations are available both in-office and remotely via video call.