Recommendations

Recommendation to Prime Minister on Regulation of Construction Safety Rules

On June 22, 2017, the Public Defender of Georgia addressed the Prime Minister of Georgia with a recommendation concerning the regulation of the rules and norms aimed at ensuring safety in the field of construction.

Georgia recognizes and applies the construction norms and rules containing safety technique (СНИП III-4-80), which are available only in the Russian language and are not included in the Legislative Herald of Georgia as they belong to the former Soviet Union act. The absence of an official copy of the safety technique (СНИП III-4-80) in the Georgian language in the legislation of Georgia leads to its unofficial use and establishment of varied practices by the state agencies.

In addition to the problem of availability of the safety technique (СНИП III-4-80) only in the Russian language, non-adoption of the normative act on the revocation of the Construction Safety Rules approved by the Georgian Government’s Decree No 62 on March 28, 2007, and therefore its absence in the state registry of normative acts are also problematic.

The legislative framework in the field of construction safety is characterized by ambiguous and vague norms and rules of indefinite scales that violate the principle of a legal state and the right to a fair trial.

Due to the above, the Public Defender of Georgia believes that an official copy of the construction technique (СННП III-4-80) in the Georgian language should be adopted as a normative act, a normative act on revocation of the Decree No 62 on the Construction Safety Rules (approved on March 28, 2007) should be adopted (issued) and the normative acts included in the Legislative Herald of Georgia should be registered in the state registry.

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