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Thursday, 17 November, 2022
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Ministry of Justice and the Georgian Business Association Hold a Meeting to Discuss the New law On Entrepreneurs

Practical aspects of the new law on Entrepreneurs and the obligation to re-register enterprises within 2 years according to this law - were the issues of discussion by the Ministry of Justice and the Georgian Business Association.

The meeting was attended by First Deputy Minister of Justice, Tamar Tkeshelashvili and Chair of the National Public Registry Agency, David Devidze, who together with the entrepreneurs discussed in detail the news related to the registration in the National Public Registry Agency based on the new law on Entrepreneurs and other business-related issues under the competence of the Ministry of Justice.

The new law on Entrepreneurs reflects EU directives and many issues are regulated in a new way. In the direction of registration of entrepreneurial issues in the public registry, a uniform practice adapted to these new norms is being formed. The state is doing everything to support business in the proper implementation of the norms of the new law.

The National Public Registry Agency of the Ministry of Justice has introduced new legally defined services for business entities; Standard charters of business societies have been developed and approved, which are available to interested parties and simplify the registration process; A unified electronic portal has been created, where decisions on registration and registration documents are published,” - said Tamar Tkeshelashvili.

Together with the Chair of the Public Registry, she also spoke about the necessity of re-registration of enterprises within 2 years.

"We introduced statistics to entrepreneurs and asked them to be more active in order to carry out re-registration on time. The National Public Registry Agency of the Ministry of Justice, on the other hand, has full readiness both in terms of software and human resources, to fulfill the obligation imposed on it by law and to support businesses in the implementation of registration actions", added the First Deputy Minister.

At the end of the meeting, it was noted that the Ministry of Justice is also ready, within the scope of its competence, to communicate in the future with business representatives in the direction of registration on matters important to them.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.