Announcements

The Announcement of Ilia State University College of Law Council

On April 19, 2013 Georgian Parliament passed amendment in the Civil Code initiated by the Ministry of Education. According to this amendment

“38.1 it is forbidden to change legal form of non-entrepreneur (non-commercial) legal entity in any case other than through changing legal form the entity is transformed into legal entity of public law”;

38.11 Division, amalgamation and liquidation of non-entrepreneur (non-commercial) legal entity is implemented according to the rule established by the Georgia legislation about liquidation/reorganization of an entrepreneur subject.”

According to this amendment without taking into consideration or against will of university’s professors, researchers and students government in given the right to change the legal form of state established university - non- entrepreneur, non-commercial legal entity and modify in into the legal entity of public law. This action is not only an intervention in and restriction of university’s – professors, researchers and students entity – autonomy, self-governance and academic freedom, but it also humiliates and cancels those philosophical foundations on which the legal regulations of democratic state is based: this is the immunity of private and intellectual property: in the country based on democratic and freedom principles the creator of private and intellectual property must be sure that her/his property and her/his subjectivity cannot be canceled or confined, and that it is protected. Institutional development of civil society and economics of knowledge in the democratic country are possible only in this manner.

Therefore, we appeal to the Georgian government and Parliament to take into consideration all of abovementioned issues and to return the right to university’s professors, researchers and students to decide by themselves in which legal form they want to exist in Georgian and international legal space. 

Ilia State University College of Law Council