Constitutional Court to Discuss Constitutionality of Prohibiting Land Assignment to Foreign Citizens

Nino Gvaridzishvili, Kakheti

Constitutional Court of Georgia is studying constitutionality of prohibiting land assignment to foreign citizens. 

On June 28, 2013 Parliament of Georgia introduced amendments to the Law on Ownership of Agricultural Lands. According to the new edition, a foreign citizen or legal entity registered either abroad or in Georgia cannot purchase (neither receive as heritage) an agricultural plot. The amendments were introduced after foreign farmers purchased large amount of land in Kakheti that caused serious protest in the part of society; they did not allow foreigners to cultivate purchased plots. Different evaluations were made; part of society claimed there was nothing negative if foreigners purchased land in Georgia; another part believes the land belongs to Georgian nation and large-scaled assignment of land to foreign citizens.

Currently, the Constitutional Court is studying the lawsuit which requests annulment of the aforementioned prohibition. Suitor Mathias Hutter from Transparency International – Georgia believes the legislative amendment, which prohibited foreign citizens to purchase land in Georgia before 2015, contradicts the Constitution of Georgia. Similar provision contradicts the Constitution, where property is one of the most valuable and guaranteed right, which can be restricted only in particular cases regulated only by the law. In addition to that, the suitor listed some circumstances, which might become serious obstacle for the economical development of the country.

Constitutional Court of Georgia has experience of declaring the prohibition set for foreign citizens as unconstitutional. With the Judgment # 3/1/512 of June 26, 2012 Constitutional Court concluded that prohibition for foreign citizens to purchase land in Georgia and obligation to sell the land inherited in Georgia contradicted the requirements of the Constitution of Georgia.

It is interesting what employees of property registration services think about the amendments and whether they have problems when serving foreign citizens. Deputy Head of Sagarejo district registration service center Zurab Bazerashvili said Sagarejo district is particularly multi-ethnic region. Mostly citizens of Azerbaijan and Russia encounter registration problems here because they mostly live in local villages of Lambalo, Iormuganlo and Duzagramashi. Even if at least one family member is not citizen of Georgia, property registration process is hindered. “They protest it; we try to explain situation based on the concrete normative acts but mostly it is not acceptable for them,” Zurab Bazerashvili also added that it is necessary to achieve final decision which will not violate rights of not only foreign citizens but also rights of Georgian citizens – the land owners.