marTlmsajuleba kanoni

The procedural legislation of Georgia is a mix of cassation and revision, as the goals of Supreme Court activities
are to establish a uniform practice of hearing and solving the cases. However, it is also authorized to deliver its own
judgment on the case (See 2 )
Attention should be paid to the issue as to in which cases civil cases are subject to the jurisdictions of revision or
cassation courts. Scientist A.G. Davtyan considers that the purpose of revision is important for the parties since
the revision appeal allows the plaintiff to change for his/her benefit the judgment already delivered by the court.
As for the public interests, revision of court judgments will serve to protect the rights and development of law and
justice (see 3 ). If we closely analyze the purpose of revision and appeal court instances in Georgia and the principles
of operations of relevant courts it can be inferred that in order to take the case to the court of cassation it is not
necessary to go to appellate court. I believe that, like it is envisaged by the procedural norms of the above referred
countries, it should be also possible in Georgia to take the case to cessation court by bypassing the appellate court
even more so when the claim is based on the facts of violation of law.
When discussing the effectiveness of administering justice it is impossible to bypass the issue of the timeframes
for considering claims which are one of the significant circumstances in protecting a violated or disputable right.
The Civil Procedure Code of Georgia explicitly indicates the timeframes for performing the pro­ce­du­ral acts.
However, there are examples of violation of timeframes defined in the Procedure Code in the practice of hearing
the civil cases. Definitely, it is difficult to speak about the guarantees to protect the violated or disputable civil right
when the hearing of a case is not held within the timeframes established by law. We consider that for effective
justice administration the following two circumstances are important for the parties and other interested persons:
solving the case correctly; and within the timeframes established by the civil procedure legislation.
FOOTNOTES
1
T. Liluashvili, Proceeding of Civil Cases in Courts. 2 nd Edition. Tbilisi 2001, p. 260, 302.
2
Civil Procedure Code of Georgia, Article 391, 411-412. Tbilisi 1997
3
A.G. Davtyan, the referred paper, p. 179.
107