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“Farmacon 11” Will Be Sold At Auction before Court Judgment

June 14, 2010
Several days ago, the Supreme Court of Georgia did not satisfy the appeal of Nodar Begiashvili to suspend the selling process of his property at the auction. Owner of the Farmacon 11 Ltd Nodar Begiashvili had sent two appeals to the Supreme Court. In one appeal he requested to abolish the tax-payment imposed on him and in the second one he requested to suspend the selling process of his property until the court passes final judgment.

Owner of the Farmacon 11 Ltd had problems with the Revenue Department after the shareholders of the pharmacy withdrew their shares from the Ltd. The Tax Inspection considered this fact as repeated supply of the goods or repeated sale and imposed a fine of 342480,6 GEL on the only owner of the pharmacy Nodar Begiashvili. The latter appealed to the Tax Revenue Department which partly satisfied his appeal and reduced the tax to the 41 007, 65 GEL. After that, the argument continued at the court.

“The City Court passed a verdict in our favor and discharged us from the tax. However the Tax Department appealed their verdict and the Appeal Court abolished the judgment of the first instance court and imposed the fine on us again. We request the Supreme Court to abolish this tax,” said Nodar Begiashvili.

The Supreme Court scheduled the trial for June 24. It did not satisfy the appeal on the suspension of the selling procedure of the property. Nodar Begiashvili thinks that the process of property deprivation continues. He said that if the Supreme Court does not satisfy his second suit, they would appeal to the Strasbourg Court.

Unless Begiashvili pays the tax, the property will be sold at the state auction. If the property is not sold at the first auction, the price will be halved for the second auction. If it is not sold at the second auction, the property will be assigned to the state for free. Begiashvili doubts that nobody will purchase his property and he would have to give it to the state for free.

Unless the Supreme Court puts an end to the violation of Nodar Begiashvili’s rights, the Human Rights Center will appeal to the European Court of Human Rights.

Nino Gelashvili

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