Object's details: Modern Development Tendencies in Georgian Construction Law

Provider:Platforma Otwartych Czasopism Naukowych UAM

Description

Title:
Modern Development Tendencies in Georgian Construction Law
Creator:
Zakashvili, Ucha;
Kalichava, Koba
Description:
The problems and prospects of development of the modern Georgian Construction Law are reviewed in the article. Negative tendencies of the construction coefficient trading and negative influence of the above practice in the urban construction are discussed as a problem. In connection with the above, the non-uniform court practice makes the vague legal grounds of coefficient trading even more obscure. The article reviews the legislative changes aimed at bureaucracy reduction implemented in the Georgian Construction Law which brought negative results in addition to positive aspects. In particular, the authorities issuing permits do not approve the structural designs, do not evaluate the competence of the geological survey and more importantly, the quality of construction materials is not checked. Within the framework of the same reform, the regulation obligating to observe the standards of sun exposure and natural lighting for adjacent buildings during construction was revoked since 2008. It is mentioned in the article that the above deregulation, as well as vague legislative regulations cause devaluation of the cost of adjacent buildings of the construction. The authors of the article equalize this fact to indirect expropriation with the difference that no compensation is paid for restoration of their rights and the affected citizens have to engage in procrastinated litigations. Precedents from the court practice are reviewed in the article on this issue which make it clear that the documents issued by administrative authorities are often unsubstantiated. The prospects of the reform of the Georgian construction legislation and Code of Spatial Planning and Construction of Georgia are reviewed in the article.
Object availability:
free access
Rights:
Prawa autorskie (c) 2018 Ucha Zakashvili, Koba Kalichava;
https://creativecommons.org/licenses/by-nc-nd/4.0
Date:
2018.03.15
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion;
Artykuł naukow;
Artykuł naukowy
Language:
English
Source:
Studia Prawa Publicznego; No. 1(21) (2018); 53-70;
Studia Prawa Publicznego; Nr 1(21) (2018); 53-70;
2720-2445;
2300-3936
Format:
application/pdf
Publisher:
Adam Mickiewicz University Poznan
Relation: http://pressto.amu.edu.pl/index.php/spp/article/view/21032/20334
Subject:
construction law;
building law;
expropriation;
construction legislation
Identifier: http://pressto.amu.edu.pl/index.php/spp/article/view/21032
Data provider:
Platforma Otwartych Czasopism Naukowych UAM

Similar objects

Modern Development Tendencies in Georgian Construction Law

Creator:Zakashvili, Ucha | Kalichava, Koba

Date:2018.03.15

Type:text

Special considerations of demolition of the buildings and structures constructed without a permit on the state-owned land parcel restricted for construction

Creator:Zakashvili, Ucha

Date:2019.09.15

Type:text

Приобретение права собственности на самовольную постройку

Creator:Добрынина, Ольга

Date:2015.12.01

Type:text

The essence and meaning of the administrative court proceeding

Creator:Wiktorowska, Aleksandra

Date:2019.12.04

Type:text

Issues regarding the acquisition of land in perpetual usufruct pursuant to Art. 98 of the Real Estate Management Act in the context of the prohibition of the expropriation of real estate owned by the State Treasury

Creator:Kruś, Maciej | Zańko, Katarzyna

Date:2022.08.30

Type:text

Expropriation by operation of law (ex lege) versus nationalization – reflections on the interference of public law in property rights

Creator:Pawłowski, Sławomir

Date:2019.03.29

Type:other

Protection of the individual in expropriation proceedings

Creator:Mielczarek-Mikołajów, Justyna

Date:2019.09.13

Type:other

The legal nature of restrictions on the use of real estate in connection with the protection of environmental resources – reflections on Art. 129 of Environmental Law

Creator:Pawłowski, Sławomir

Date:2019.09.13

Type:other

Federacja Bibliotek Cyfrowych

Object's details: Modern Development Tendencies in Georgian Construction Law

Description

Similar objects